In a recent decision of the United States District Court for the Southern District of New York, TIG Ins. Co. v. Global Int’l Reins. Co., Ltd., No. 09 Civ. 1289 (Aug. 7, 2009), the court ruled that an arbitrator’s decision to ignore certain evidence is not a proper ground for vacating an arbitration award.
Read More Southern District of New York Confirms Arbitration Award Dismissing Fraud Claims on Summary Judgment
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Delaware Court Holds that Endorsement Requires Exhaustion of Separate Retained Limits for Each Lot or Batch of Contaminated Peanut Butter
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
Stephen Prignano and Denise Kraft, of Edwards Angell Palmer & Dodge, LLP, have obtained summary judgment for Lexington Insurance Company (“Lexington”) in an insurance coverage dispute arising out of a salmonella outbreak caused by contaminated peanut butter.
Re Under 40s Next Event – Managing Capital in Today’s Insurance/Reinsurance Marketplace
By Troutman Pepper Locke on
Join the Re Under 40s at their next event, Managing Capital in Today’s Insurance/R4einsurance Marketplace, sponsored and hosted by Towers Perrin, on December 1 in midtown New York.
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Missouri Appellate Court Affirms No Duty to Defend Based on Allegations of Complaint Even if Allegations Groundless
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
In Custom Hardware Engineering & Consulting, Inc. v. Assurance Company of America, No. ED 91441 (Mo.App.E.D. Aug. 11, 2009), a Missouri Appellate Court declined to consider any findings made by the court in an underlying matter in its analysis of whether a policy exclusion applied and precluded coverage. …
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United States District Court Grants Insurer’s Motion To Dismiss In Case Involving Guaranties Of Reinsurance For Default Protection Insurance
By Troutman Pepper Locke on
In Everest National Insurance Company, et al. v. Robert Sutton, 07-Civ.-722 (JAP) (D.N.J. Oct. 14, 2009), the court dismissed five of Defendants’ counterclaims and three affirmative defenses on Plaintiff’s motion to dismiss.
Katrina: Mississippi Supreme Court Finds that an Anti-Concurrent Causation Clause In a Homeowners’ Insurance Policy Does Not Exclude Coverage for Loss Separately Caused by Wind and Water
By Troutman Pepper Locke on
On October 8, 2009, the Mississippi Supreme Court issued its highly anticipated decision in Corban v. USAA Insurance Company, holding that the anti-concurrent causation (“ACC”) clause in a homeowners’ insurance policy is inapplicable where both wind and water did not act in conjunction in causing Katrina-related damages. …
Read More Katrina: Mississippi Supreme Court Finds that an Anti-Concurrent Causation Clause In a Homeowners’ Insurance Policy Does Not Exclude Coverage for Loss Separately Caused by Wind and Water
Connecticut Appellate Court Affirms Award of Summary Judgment in Favor of Title Insurer and Finds Policy Exclusion Applies and Insurer Did Not Breach the Covenant of Good Faith and Fair Dealing
In Lauren Heyse, et al. v. William Case, et al., AC No. 29289 (Conn. App. Jun. 2, 2009), the Insured, a resident of a common interest community, brought a lawsuit to challenge the rights of another property owner within the common interest community to subdivide a lot within the common interest community.
Washington District Court Awards Attorney’s Fees Incurred by Insured’s Subrogee in Establishing Coverage
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
A Washington District Court recently awarded an insured’s subrogee all attorney’s fees incurred at all levels of coverage litigation in establishing entitlement to coverage. …
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California Supreme Court: Assault Committed in Self-Defense is Not an “Accident”
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an “accident” and therefore did not meet a CGL policy’s definition of a covered “occurrence.”
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Read More California Supreme Court: Assault Committed in Self-Defense is Not an “Accident”
Fifth Circuit Finds That Manifest Disregard of the Law Has Been Abrogated By Hall Street
By Troutman Pepper Locke on
In a departure from recent rulings by other federal circuit courts on this issue, the U.S. Court of Appeals for the Fifth Circuit has held that manifest disregard of the law is no longer a valid basis for vacating arbitration awards under the Federal Arbitration Act (“FAA”). …
Read More Fifth Circuit Finds That Manifest Disregard of the Law Has Been Abrogated By Hall Street