Coverage & Claims

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The recent federal approval of the first wind farm (“Cape Wind”) to be built in United States’ waters marks a new era for renewable energy projects, said Peter Mavraganis, recently appointed leader of Marsh’s U.S. Renewable Energy Practice. …
Read More Offshore Wind Energy Brings New Opportunities and Risks to Insurance Industry

The U.S. Court of Appeals for the Second Circuit recently affirmed a district court decision that remanded to state court a lawsuit asserted by the Liquidator of Midland Insurance Company against its reinsurer, Dunav Re, finding that the Service of Suit clause in the reinsurance treaties at issue unambiguously waived Dunav Re’s right to remove the dispute to federal court. …
Read More Second Circuit Finds That Service of Suit Provision in Treaties Unambiguously Waived Reinsurer’s Right of Removal

The United States District Court for the District of Connecticut recently granted a property insurer’s motion for summary judgment on a claim that the insurer acted in bad faith when it denied coverage to its insured for damage to the basement walls in the insured’s home. …
Read More Connecticut District Court Grants Summary Judgment to Insurer on Bad Faith Claim

The Wisconsin Court of Appeals recently ruled that “negligent misrepresentation” claims against the Archdiocese of Milwaukee arising from alleged molestation by priests are not covered under the Archdiocese’s CGL policy. …
Read More Wisconsin Court: “Negligent Misrepresentation” Claims By Molestation Victims Against Archdiocese Are Not Covered Under CGL Policy

The Superior Court of New Jersey, Appellate Division, recently affirmed a trial court’s decision to deny coverage to an attorney and his law firm who had been sued in an underlying malpractice action. …
Read More New Jersey Appellate Court Affirms Denial of Coverage for Attorneys’ Failure to Disclose Potential Malpractice Claim

The federal government filed a lawsuit yesterday in federal district  court in New Orleans — U.S. v. BP Exploration & Production Inc., et al. – seeking damages under the Clean Water Act and the Oil Pollution Act for all costs and harms caused by the BP disaster, including damages to the environment. …
Read More Obama Administration Sues BP and Others For the Deepwater Horizon Disaster

In Templeton Insurance Ltd v Motorcare Warranties Ltd [2010] EWHC 3113 (Comm) the Commercial Court heard a dispute between Templeton, an insurance company incorporated in the Isle of Man, engaged in the business of selling mechanical breakdown insurance (MBI), and its UK agent, Motorcare. …
Read More UK: Fraudulent Misrepresentation by Onshore Agent to Offshore Insurer

The Massachusetts Appeals Court recently ruled that the state’s statute governing insurance companies’ claims settlement practices applies to captive insurers.  See Lemos v. Electrolux North America, Inc., et al., No. 09-P-943 (Mass. App. Dec. 2, 2010). …
Read More Massachusetts Appeals Court Holds That Bad Faith Statute Applies To Captive Insurers

A five-judge majority of the New York Court of Appeals has declared that a person may procure an insurance policy on his or her own life and immediately transfer that policy to one without an insurable interest, regardless of the purchaser’s intent. …
Read More New York Court of Appeals Approves of Stranger-Owned Life Insurance Contracts, For Now