The First Circuit recently affirmed the decision of the United States District Court for the District of Maine to deny American National Fire Insurance Company’s (“ANFIC”) plea for recoupment of a settlement payment made by ANFIC to York County Jail. ANFIC argued that it was entitled to a per-claim deductible, which negated its settlement payment.
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Coverage & Claims
Chinese Drywall – Senate Bill Could Facilitate Effecting Service of Process on Foreign Defendants
Legislation recently introduced in the United States Senate could help homeowners haul foreign manufacturers of allegedly defective Chinese drywall into court. The Foreign Manufacturers Legal Accountability Act of 2009, introduced by Senators Sheldon Whitehouse (D- RI), Jeff Sessions (R-AL) and Dick Durbin (D-IL), seeks to make it easier to bring foreign companies before American courts.
Ninth Circuit Court of Appeals Reverses Summary Judgment and Holds Against Insurer In Bad Faith Action Related to Uninsured Motorist Claim
By Troutman Pepper Locke on
The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer.
First Circuit Narrows Scope of Attorney Work Product Privilege
By Troutman Pepper Locke on
In a case concerning an IRS audit — but having potentially far-reaching implications for all manner of litigation and discovery — United States v. Textron, Inc., No. 07-2631 (1st Cir. Aug. 13, 2009), the First Circuit en banc recently held that the “attorney work product” doctrine protects only documents prepared for use in litigation.
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UK: Class Actions
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
Amid concerns that the existing collective action mechanisms in the UK restrict access to justice, with the consequence that meritorious claims are not being pursued, the Civil Justice Council (CJC) published a report in December 2008 proposing a generic collective right of action. …
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Chinese Drywall – Senators Seek Expansion of Federal Assistance for Impacted Homeowners
Florida Senator Bill Nelson recently sent a letter to President Obama asking the administration to streamline federal assistance available to homeowners with allegedly tainted Chinese drywall. Nelson requested “White House mobilization and coordination of all federal resources that could help homeowners” and stressed the need for an inter-agency Drywall Task Force to coordinate efforts and a “one-stop federal Drywall Assistance Center” that could provide information and resources directly to impacted homeowners.
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UK: English High Court Considers the Effect of Parallel Proceedings on its Jurisdiction
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
In Catalyst Investment Group Ltd & Ors v Max Lewinsohn & Ors [2009] EWHC 1964 (Ch) the High Court held that where the English courts have jurisdiction to hear a claim under Article 2 of EC Regulation 44/2001 (the Jurisdiction Regulation) it was not open to that court to stay the action before it on the grounds that there were existing proceedings on foot in a non-EU jurisdiction which had a closer connection to the case than England.
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Katrina: $5.5 Million in Damages Awarded by Texas Federal Court to an Insured Under a Second-Layer Excess Insurance Policy Regardless of Whether the Underlying Insurers Properly Paid their Limits
By Troutman Pepper Locke on
On July 9, 2009, a Texas federal court awarded in excess of $5.5 million in damages to an insured under a second-layer excess insurance policy, for claims arising out of Hurricane Katrina related damage. One of the main issues in contention was whether the second-layer excess insurer’s liability attached even if the underlying insurers had paid out their full limits of liability because they did not correctly determine coverage.
Louisiana Appeals Court Increases Trial Court Award to $1.3 Million in Statutory Penalties in Katrina Bad Faith Case
A state appellate court in Louisiana recently increased a trial court’s award against an insurer in connection with a Hurricane Katrina-related bad faith claim, finding that the trial court had misinterpreted the statutory penalties available to the plaintiff.
Connecticut Federal Court: Multiple Unfair Practices in the Handling of a Single Insurance Claim do not Constitute a “General Business Practice”
The United States District Court for the District of Connecticut recently granted in part an insurer’s motion to dismiss on the basis that the insured could not prove a violation of the Connecticut Unfair Insurance/Trade Practices Acts because allegations of multiple unfair practices in dealing with a single insurance claim are not sufficient to constitute a “general business practice.” …
Read More Connecticut Federal Court: Multiple Unfair Practices in the Handling of a Single Insurance Claim do not Constitute a “General Business Practice”