Coverage & Claims

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In Parker v Seixo [2010] EWHC 90162 (costs), which concerned the legal costs of a road traffic accident claim, the Court found that it should not consider the reasonableness of an After-The-Event insurance policy premium where the underwriter was better placed to rate the financial risk faced by the insurer and where there was no expert evidence to suggest that the ATE premium was unreasonable. 

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Read More UK: ATE Insurance

More than 40 mediators, attorneys and company representatives have registered for Re/Insurance Mediation Institute’s (ReMedi) Inaugural Mediation Conference.  You can earn 4.5 hours of CLE for $100 if you join them for ReMedi’s Spring Conference, Insurance and Reinsurance Mediation in the 21st Century, on Wednesday, May 12 at Edwards Angell Palmer & Dodge’s New York office. 

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Read More Last Call: Join More than 40 Reinsurance Professionals at ReMedi’s Mediation Conference in NYC on May 12

The Supreme Court recently issued an important decision regarding the test for determining whether an investment adviser has violated its “fiduciary duty” to a mutual fund by charging excessive fees under §36(b) of the Investment Company Act of 1940. 

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Read More Supreme Court Upholds Gartenberg Test for Mutual Funds’ Compensation of Investment Advisers

The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge is holding a 60 minute complimentary webinar entitled “Emerging Trends in Asbestos Litigation: US/UK/European Issues and Perspectives” on Tuesday, May 25, 20 at 12:00 p.m. EST. …
Read More Webinar: Emerging Trends in Asbestos Litigation: US/UK/European Issues and Perspectives

Following on from our earlier blog on the High Court ruling that Zurich did not have to pay out for toxic sofa victims on the basis of Land of Leather’s subsequent administration and breach of claims control clauses, it seems that more than 1,500 other victims of those toxic sofas have been handed some good news. 

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Read More UK: Good News for “Non-Severe” Toxic Sofa Victims

A California appeals court has ruled that an insurance company did not act in bad faith when it refused to reimburse a jewelry wholesaler for more than $1.5 million in property that the wholesaler claimed was mistakenly handed over to an individual who was merely posing as an armored-car agent. 

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Read More California Appeals Court Holds That Insurer Can Rely on Voluntary-Parting Exclusion to Deny Coverage to Jewelry Owner who Mistakenly Gave Away $1.5 Million in Jewels

The U.S. District Court for the Southern District of Texas recently ruled that a professional liability insurer must defend its insured, an insurance brokerage and consulting firm, against claims by victims of the alleged Stanford Financial (“Stanford”) Ponzi scheme. 

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Read More Federal Judge Rules That Professional Liability Insurer Must Defend Insurance Broker Against Ponzi Scheme Lawsuits

A federal judge in Virginia recently held that an insurer had no duty to defend its insured in a suit alleging trademark infringement, because the alleged infringement was not committed “in the course of advertising.” 

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Read More Federal Court Finds Trademark Infringement Not “In The Course Of Advertising”, Not Covered

An insurer that issued a school district liability policy to the Lower Merion School District has filed a declaratory judgment action, seeking a ruling that a recent privacy-related civil rights lawsuit against the school district is not covered by the policy. …
Read More Liability Insurer Seeks Declaration of No Coverage in School Laptop Monitoring Case

In Nicholas G Jones v (1) Environcom Limited; (2) Environcom England Limited and MS Plc [2010] EWHC 759 (Comm), the High Court ruled that an insurance broker must satisfy himself that the duty of disclosure is fully understood by the client. …
Read More UK: High Court provides guidance on the role of the insurance broker in relation to the duty to disclose to insurers