The recent High Court judgment in Rondabosh International Ltd v China Ping An Insurance (Hong Kong) Co Ltd [2009] HKEC 2103 demonstrates the effect of an arbitration agreement in an insurance policy.
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Coverage & Claims
Chinese Drywall – Second Bellwether Trial Complete
By Troutman Pepper Locke on
Posted in Coverage & Claims, Florida Developments
As reported here, the first federal trial in the nationwide Chinese drywall controversy began on February 19th, 2010 in New Orleans, La. That trial, involving defendant Taishan Gypsum, has now concluded and Proposed Findings of Fact and Conclusions of Law have been submitted for consideration.
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Florida Supreme Court Considering Question of Rental Car Company Vicarious Liability
By Troutman Pepper Locke on
On March 1, 2010, the Florida Supreme Court heard oral argument in Rafael Vargas v. Enterprise Leasing Company, et al., SC08-2269. The case challenges the application of a federal law that shields rental car companies from vicarious liability for accidents involving rental cars.
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Chinese Drywall – First Bellwether Trial Ongoing
By Troutman Pepper Locke on
The first federal trial in the nationwide Chinese drywall controversy began on February 19th, 2010 in New Orleans and is ongoing. This “bellwether” trial involves seven Virginia plaintiffs whose homes contain drywall manufactured by China-based Taishan Gypsum Co.
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UK: High Court Ruling Provides Guidance on Interpretation of Limitation and Exclusion Clauses
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
In Markerstudy Insurance Company Ltd and others v Endsleigh Insurance Services Ltd [2010] EWCH 281 (Comm), Mr Justice Steele was asked to determine as a preliminary issue, amongst other things, the true construction of certain exclusion clauses in a number of claims handling agreements (the Agreements) between the four claimants and Endsleigh.
UK: Interpretation of Actual and Constructive Total Loss Under the Marine Insurance Act 1906
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
Masefield AG v Amlin Corporate Member Ltd [2010] EWHC 280 (Comm) concerned the interpretation of actual and constructive total loss under the Marine Insurance Act 1906.
UK: Fabrication of Documents
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
In Yechiel v Kerry London Limited [2010] EWHC 215 (Comm) the High Court had to decide whether Norwich Union had been notified by Yechiel’s insurance brokers, Kerry London, that Yechiel would be removing jewellery valued at £133,600 from a Selfridges safe deposit box for more than 14 days.
New Jersey Trial Court Cannot Apportion Defense Costs Based On Claimed Damages, But Must Apportion Based On The Reasonable Value Of The Legal Services Rendered In Defending The Respective Claims
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The New Jersey Appellate Division in William H. Hall Co. v. Harleysville Ins. Co. of NJ (October 13, 2009) reversed and remanded a trial court’s decision in a declaratory judgment action following summary judgment motions made by the parties.
Judge Orders Insurer to Cover R. Allen Stanford’s Defense Costs
By Troutman Pepper Locke on
According to the Houston Chronicle, U.S. District Judge David Hittner, who is presiding over R. Allen Stanford’s criminal proceeding, has ordered Lloyd’s of London to pay for the criminal defense attorneys defending Mr. Stanford and two other officers of his company who were recently indicted for allegedly running a $7 billion Ponzi scheme.
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Federal Court Enforces Service of Suit Provision in Reinsurance Treaties, Grants Liquidator’s Motion to Remand Lawsuit to State Court
By Troutman Pepper Locke on
The Liquidator of Midland Insurance Company moved to remand to state court a lawsuit asserted against Dunav Re to recover for claims billed to Dunav Re by Midland under certain reinsurance treaties. …
Read More Federal Court Enforces Service of Suit Provision in Reinsurance Treaties, Grants Liquidator’s Motion to Remand Lawsuit to State Court