Coverage & Claims

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The United States District Court for the Middle District of Florida recently issued an Order denying coverage to an insured for an underlying class action suit alleging violations of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005.   See Interline Brands, Inc. v. Chartis Specialty Insurance Company, No. 3:11-cv-731-J-25JRK (M.D. Fla. November 21, 2012). …
Read More Florida District Court Grants Dismissal of TCPA Coverage Lawsuit on Basis of Statutory Exclusion

In Howden North America Inc v ACE European Group Ltd [2012] EWCA Civ 1624 the Court of Appeal allowed an appeal by Howden North America Inc (Howden) and set aside the order of Mr Justice Field, which had granted ACE European Group Ltd (ACE) permission to serve out of the jurisdiction (we have previously reported the first instance decision here. …
Read More UK: Court of Appeal Overturns Order Granting Permission to Serve Out of the Jurisdiction

Edwards Wildman Speakers:  Joshua P. Broudy, Alexander G. Henlin

When fire or another casualty damages a commercial building, businesses may suffer financial hardship beyond lost income and costs to repair the property. In most situations, a prudent business owner is likely to incur expenses that fall outside the scope of those normally seen in the business’s day-to-day operations. The nature of those expenses is as varied as the circumstances of each loss. …
Read More Complimentary Edwards Wildman WEBINAR: REPLAY: US Treatment of Extra Expense Claims

Liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, otherwise known as the Superfund statute) is strict, and in most cases joint and several.  The total cost for Superfund clean ups can range into the hundreds of millions and even billions of dollars. …
Read More Four Years Later: How Has BNSF Changed CERCLA Practice?

In Refcomp SpA v Axa Corporate Solutions Assurance SA [Case C-543/10], the Advocate General of the Court of Justice of the European Union (CJEU, previously known as the European Court of Justice) interpreted Article 23 of Council Regulation (EC) No. 44/2001 on jurisdiction (the Article) to mean that where the general terms of a sale of goods contract incorporated a clause conferring jurisdiction, that clause could only be relied upon against the original parties to the contract. …
Read More Europe: The Opinion of the Advocate General on applicability of choice of law clauses in the context of subrogated claims

Edwards Wildman Speakers:  John D. Hughes, Mary-Pat Cormier, Charles Proctor

This program will briefly address the origins of the LIBOR isue and the background facts allegedly supporting the LIBOR claims brought in the US; then the nature of those claims, the defendants, and the defenses asserted by those defendants; and then finally the types of insurances policies implicated by these claims; and the coverage issues which these claims will raise with respect to these policies. 
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Read More REMINDER Complimentary Edwards Wildman Webinar – LIBOR Litigation: Spotlight on Insurance Coverage

Seven years ago, Hurricane Katrina made landfall in New Orleans.  In the days that followed Katrina, we and others who focus on questions of insurance coverage debated whether the devastation in Mississippi and Louisiana had been caused by water or by wind.  We discussed slabs, anti-concurrent causation clauses, levees, efficient proximate cause, valued policy laws, and local and national political dynamics. …
Read More Sandy: Déjà Vu?

Edwards Wildman Speakers:  John D. Hughes, Mary-Pat Cormier, Charles Proctor

This program will briefly address the origins of the LIBOR isue and the background facts allegedly supporting the LIBOR claims brought in the US; then the nature of those claims, the defendants, and the defenses asserted by those defendants; and then finally the types of insurances policies implicated by these claims; and the coverage issues which these claims will raise with respect to these policies. …
Read More Complimentary Edwards Wildman Webinar – LIBOR Litigation: Spotlight on Insurance Coverage