Coverage & Claims

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An insurer represented by Edwards Angell Palmer & Dodge attorneys Dennis Brown, Julia Ulrich and John Hughes was recently granted summary judgment by the Connecticut Superior Court based on an insurance policy’s provision defining “uninsured motor vehicle” as not including any vehicle owned by a self-insurer. 

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Read More Connecticut Superior Court Grants Summary Judgment for Insurer on Uninsured Motor Vehicle Claim

City lawyer, Patrick Raggett, is suing the Jesuit run school he attended for £5 million in damages alleging sexual abuse in the 1970s by the now deceased Father Spencer, a priest at the school before it closed in 1978. If successful, the claim will be by far the largest court award for damages in England for sexual abuse (the current record being £600,000). …
Read More UK: City Lawyer Sues Jesuit School for £5 million Alleging Sexual Abuse

An Illinois federal court recently held that an insured’s bad faith claim fell within the scope of an arbitration provision contained in a D&O Policy and therefore granted the insurer’s motion to compel arbitration. …
Read More Federal Court Rules that Bad Faith Claim Falls Within Scope of Arbitration Clause in D&O Policy

A New York State appellate court recently held that a CGL insurer was entitled to contribution from the insured’s D&O insurer for its equitable share of the defense costs incurred by the CGL insurer in defending two underlying actions against the insured that included causes of action that were not covered under the CGL policy, but were covered by the D&O policy. …
Read More New York State Appellate Court Addresses the Potential Overlap in CGL and D&O Coverage

In Westport Ins. Corp. v. Coffman, Case No. C2-05-1152 (S.D. Ohio Jan. 29, 2009), the federal district court for the Southern District of Ohio held that an underlying class action lawsuit filed against an insured attorney and his clients, and the subsequent malpractice claim filed by the clients against the insured attorney, constitute a single claim and are therefore subject to a single per-claim limit of liability. 

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Read More Ohio Federal Court: Class Action Against Attorney and His Clients and Malpractice Claim are “Related” Under Policy’s Multiple Insureds, Claims and Claimants Provision

In Temple Legal Protection Ltd v QBE Insurance (Europe) Ltd [2009] EWCA Civ 453, Temple Legal Protection (Temple) appealed against a first instance decision dismissing its appeal against an arbitration award, which stated that Temple had no entitlement to conduct the run-off of business of QBE Insurance (Europe) (QBE) after termination of its binder by QBE. 

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Read More UK: Court of Appeal Rules on Underwriting Agent’s Entitlement to Conduct Run-Off

United States Senators Bill Nelson (D-Fla.) and Mary Landrieu (D-La.) filed legislation last week to recall and ban the use of Chinese drywall in the United States. 

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Read More Chinese Drywall – Two U.S. Senators File Legislation Seeking Recall and Ban of Chinese Drywall

Historically, builders used drywall (a/k/a sheetrock, gypsum board or wallboard) that was manufactured in the United States for residential construction.  However, during the construction boom years of 2002-2007, a shortage of domestic drywall forced many builders to purchase product that was manufactured in China. 

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Read More Chinese Drywall– Florida Department of Health Finds Corrosive Compound

Helen Clark and Peter Fidler of EAPD attended this joint seminar, chaired by the Rt. Hon. Lord Justice Rix on 31 March 2009. The panel, including David Hertzell, Law Commissioner, Bob Britton, Chairman of the LMA Law Reform Committee and Paul Hopkin, Technical Director of AIRMIC, analysed the responses to date to the Consultation on the reform of insurance contract law and confirmed the next stages of the process. 

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Read More BILA/Law Commission Seminar on Insurance Contract Law Reform