Allergan, Inc., the maker of the drug Botox, recently filed suit against the Food & Drug Administration, alleging that certain FDA regulations unconstitutionally restrict Allergan’s truthful speech regarding off-label uses of its drug. 

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Read More Botox Maker Files First Amendment Suit Against the FDA

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

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. 

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Read More Delaware Court Holds that Endorsement Requires Exhaustion of Separate Retained Limits for Each Lot or Batch of Contaminated Peanut Butter

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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Read More Re Under 40s Next Event – Managing Capital in Today’s Insurance/Reinsurance Marketplace

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. …
Read More Missouri Appellate Court Affirms No Duty to Defend Based on Allegations of Complaint Even if Allegations Groundless

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. 

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Read More United States District Court Grants Insurer’s Motion To Dismiss In Case Involving Guaranties Of Reinsurance For Default Protection Insurance

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

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. 

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Read More 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

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. …
Read More Washington District Court Awards Attorney’s Fees Incurred by Insured’s Subrogee in Establishing Coverage

On 16 October 2009, Mr Justice Norris released his reasoning for sanctioning the transfer of the long-term insurance business of Commercial Union Life Assurance Company Limited (Commercial Union), CGNU Life Assurance Limited (CGNU) and Norwich Union Life (RBS) Limited (Norwich Union) to Aviva Life & Pensions UK Limited (Aviva) under Part VII of the Financial Services and Markets Act 2000 (FSMA). 

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Read More UK: Insurance Business Transfer Approved by Court as not Improper or Unfair to Policyholders