A recent joint report by Lloyd’s 360º Risk Insight and UK think tank Chatham House entitled Sustainable Energy Security: Strategic Risks and Opportunities for Business, finds that worldwide we face an era of ambiguity and volatility in our energy supply. Mounting prices and supply interruptions will become more recurrent due to growing consumption, insufficient investment, and threats to IT systems and transportation.
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Coverage & Claims
U.S. Lawsuits Based Upon Foreign Toxic Tort Liability: A Growing Threat?
In July 2009 in New Castle County in the State of Delaware, three separate plaintiffs filed civil suits against E. I. Du Pont De Nemours and Company, Inc. (“DuPont”) alleging that their work at a DuPont textile plant in Mercedes, Argentina from 1961 to 2002 caused them to be exposed to and inhale asbestos fibers. …
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EAPD Attends Aviation Insurance Association’s Annual Conference
Mark Meyer (London) and Brian Green (New York) of EAPD will attend the Aviation Insurance Association’s Annual Conference in Vancouver, Canada, which begins on Saturday, June 12. …
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Court Holds Coverage for Madoff Suits Excluded Under Policy’s Insolvency Exclusion
The US District Court for the District of Connecticut recently dismissed a customer suit against an insurer, based upon its determination that all of the underlying claims were excluded by the policy’s Insolvency Exclusion. …
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Thousands of Consumers’ Claims for Injuries Arising From Use of Contact Lens Solution Constitute Separate Occurrences
New York District Court recently held that thousands of claims by consumers for injuries arising from use of contact lens solution would be treated as separate occurrences. …
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Federal Court in Ohio Recognizes Cause of Action for Insurer Bad Faith Outside Claim Handling Context
“Although Ohio courts have generally found independent tort liability only in cases of improper processing and handling of claims,” the U.S. District Court for the Northern District of Ohio held that a claim predicated on an insurer’s failure to refund unearmed premiums can support an independent claim for bad faith. …
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Iowa Supreme Court Upholds Denial of Coverage to Life Insurer For Failure to Disclose Applicants’ HIV Positive Status
In Farm Bureau Life Insurance Co. v. Chubb Custom Insurance Co. et al., the Iowa Supreme Court affirmed the district court’s ruling that Farm Bureau was not entitled to liability coverage in its disputes with two applicants that were HIV positive.
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Federal Court Rules No Coverage for Chinese Drywall Damages Under Homeowner’s Policy
On June 3, 2010 Judge Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia found that a homeowner’s policy did not cover damages associated with Chinese manufactured drywall.
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Insurers Encourage Green Building
Insurers and regulators are addressing Green Building issues at breakneck speed. With state regulators approving new policy endorsements and insurers offering Green Building discounts, insuring properties that are “green” is here to stay.
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New Hampshire Court Dismisses Suit Seeking Coverage Under CGL Policy For Subcontractor’s Faulty Work
EAPD attorneys recently obtained dismissal of a declaratory judgment action seeking coverage under a commercial general liability (“CGL”) policy for the cost of repairing poorly finished concrete. …
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