The Mississippi Supreme Court has been asked, for the first time, to interpret the antic-concurrent causation clause in a homeowners’ insurance policy.  An anti-concurrent causation clause (“ACC clause”) generally provides that if a loss arises from a combination of covered and non-covered perils, the entirety of the loss is excluded from coverage. …
Read More Katrina: Mississippi Supreme Court Is Asked to Interpret a Homeowners’ Policy’s Anti-Concurrent Causation Clause

A California state appellate court recently ruled that an insurer owed no duty of defense or indemnification to a subcontractor for a lawsuit involving cross-claims between the subcontractor and general contractor. 

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Read More California Appellate Court: No Coverage for Suit Between Contractor and Subcontractor

Nevada Governor Jim Gibbons recently announced that Nevada Insurance Commissioner Alice A. Molasky-Arman will retire on September 7, 2008.  Molasky-Arman was appointed in 1995 and served under three different governors, making her the longest serving insurance commissioner in Nevada history. …
Read More Nevada Insurance Commissioner Alice A. Molasky-Arman to Retire

On Thursday, May 8th at 1:00 PM (EST), attorneys from Edwards Angell Palmer & Dodge’s Securities and Government Enforcement team will present a webcast entitled:  What The Subprime/Credit Crisis Means For Your Company as part of the ongoing Association of Corporate Counsel webcast series. 

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Read More Webcast: What The Subprime/Credit Crisis Means For Your Company

In a March 3, 2008 decision, the U.S. District Court for the Southern District of New York granted a motion to dismiss for improper venue.  See Aguas Lenders Recovery Group, LLC v. Suez S.A., Sociedad General De Aguas De Barcelona, S.A., and Agua y Saneamientos Argentinos S.A., Case No. 06 Civ. 7873 (RLC).    The Court noted that the plaintiff could not hold defendant liable for forum waivers, where defendant was not a party to the relevant agreements and did not even exist when the agreements were created. …
Read More Non-Signatory To Agreement Containing Forum Waiver Clause Cannot Be Held Liable For Forum Waiver

Janice Kupukaa filed a medical practice lawsuit against Kaiser Permanente (“Kaiser”), a medical facility, and other entities and individuals in Hawaii state court.  Kaiser was insured under primary insurances policies issued by Texas Farmers Insurance Company (“Texas Farmers”), which covered the period of 4/9/99-4/9/00, 4/9/00-4/9/01 and 4/9/01-4/9/02, respectively. 

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Read More Reinsurer Has No Obligation to Contribute to Settlement Where Reinsured Excess Policy Was Not Triggered

The United States District Court for the Eastern District of Pennsylvania recently held that plaintiff, who first initiated arbitration against the defendant’s subsidiary but then commenced a lawsuit against its parent, must establish the subsidiary’s liability in arbitration before filing any claims that purport to pierce the subsidiary’s corporate veil. 

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Read More Court Reinforces Federal Policy Favoring Arbitration

Recently, the United States District Court for the Central District of California concluded in a matter of first impression that a reinsured cannot recover in tort for a reinsurer’s alleged breach of the implied covenant of good faith and fair dealing. …
Read More California Federal Court Concludes That Reinsurer Is Not Subject To Tort Liability For Alleged Breach Of A Reinsurance Contract Under California Law

The Tennessee Supreme Court is now considering whether to dismiss a case against an employer brought by its employee’s daughter concerning her alleged secondhand exposure to asbestos.  Plaintiff Amanda Satterfield succumbed to mesothelioma at the age of 25. …
Read More Secondhand Asbestos Exposure Lawsuit Makes Its Way to Tennessee Supreme Court

The Financial Services Authority (“FSA”) published an interim report in respect of the Retail Distribution Review (“RDR”) discussion paper it published in 2007. The RDR forms one component of the FSA’s retail strategy, which also includes the “Treating Customers Fairly” and “Financial Capability” initiatives. …
Read More UK: FSA Publishes Interim Report on Retail Distribution Review 2007