Coverage & Claims

Subscribe to Coverage & Claims via RSS

The first panel of the 2012 PLUS D&O Symposium discussed some of the latest trends in securities litigation and opined on potential future developments which may impact the D&O industry. …
Read More PLUS D&O Symposium 2012 — Day 1 First Panel: Latest Trends in Securities Litigation and Dodd-Frank

The Seventh Annual American Bar Association Homeland Security Law Institute is taking place in Washington DC on March 22 and 23, 2012.  The Institute addresses a wide range of subjects of interest to the private and public sectors, many of which are directly relevant to the insurance industry. …
Read More Two Edwards Wildman LLP Partners on Panel at ABA Homeland Security Law Institute

The captain of the 114,137 gross ton, 952-foot long, 4,000+ person, six-year-old Costa Concordia cruise ship who ran it aground last month reportedly initially characterized the vessel as having suffered a “small technical failure.” …
Read More A “Small Technical Failure” – Liability and Coverage Aspects Related to the Wreck of the Costa Concordia

In the case of (1) Sealion Shipping Limited (2) Toisa Horizon Inc v Valiant Insurance Co [2012] EWHC 50 (Comm), Mr Justice Blair held that a marine insurer could not avoid liability for machinery breakdown under a loss of hire policy. …
Read More UK: Court Rules on the Materiality of Non-Disclosures, and the Meaning of “Want of Due Diligence” in a Marine Policy

In jurisdictions that impose on an insurer a common-law duty of good faith and fair dealing and a statutory duty not to act vexatiously or unreasonably, an insurer may be found to have violated one duty even if it did not violate the other. The Eighth Circuit recently handed down a ruling serving as an example of this principle. In Tripp v. Western National Mutual Insurance Co., the Court of Appeals affirmed post-judgment relief based on South Dakota’s statutory prohibition against unreasonable or vexatious behavior by an insurer.   …
Read More Client Advisory – Federal Court of Appeals Affirms Statutory Bad-Faith Liability Imposed on Insurer Despite Jury’s Refusal to Find Liability for Common-Law Bad Faith

In Starlight Shipping Co v Allianz Marine and Aviation Versicherungs AG & Ors [2011] EWHC 3381 the High Court ruled that the terms of a settlement embodied in a Tomlin Order  could be enforced by summary relief and that it was not necessary to issue fresh proceedings to do so. …
Read More UK: Court Rules on the Enforcement of Tomlin Orders and Jurisdictional Issues in an Insurance Context

Edwards Wildman’s Privacy and Data Protection Group is pleased to announce that the newest edition of its White Paper, “Everyone’s Nightmare: Privacy and Data Breach Risks,” has been prepared. The paper discusses legal and regulatory data security and breach notification developments, exposures presented by data breaches, recent major breaches and court decisions, and lines of insurance potentially impacted. …
Read More Everyone’s Nightmare: Privacy & Data Breach Risks

Edwards Wildman Palmer LLP will host the Insurance Federation of New York’s 2012 kick-off  “Breakfast with…” program at its New York office on Friday morning, January 20.  The topic  will be the “Impact of Natural Catastrophes in 2011 on Insurers’ Results,” which will be addressed by an expert panel of economists and insurance executives. …
Read More Edwards Wildman to Host IFNY’s 2012 “Breakfast with. . .” Kick-off Program

Two recent decisions from federal courts addressed an important issue for many reinsurers: whether a non-party to a reinsurance agreement (such as a cedent’s insured) can proceed directly against the reinsurer for amounts owed to the non-party by the ceding company. …
Read More Client Advisory – Federal Courts Find that Reinsurer is Not Directly Liable to Third Parties