A New York federal district court recently held that an insured’s claim for consequential extra-contractual damages is properly part of its breach of contract claim against its carrier.
Coverage & Claims
UK: Limit No. 2 Limited v AXA
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
On 12th November the Court of Appeal handed down its judgment in Limit No. 2 Limited v AXA. AXA, who had taken over the reinsurers, a German company called Albingia, sought to avoid a claim for misrepresentation brought by the reassured, Limit No.2 Limited, who were syndicates at Lloyd’s.
Florida District Court Refuses to Dismiss Claim for Breach of Implied Warranty of Good Faith, Holding that It Was Not a Bad Faith Claim in Disguise
A Florida district court recently denied two insurers’ motion to dismiss a count for breach of the implied warranty of good faith and fair dealing. Arlen House East Condo. v. QBE Int’l Ins. Ltd., No. 07-23199, 2008 WL 4500690 (S.D. Fla. Sept. 30, 2008). The court rejected the insurers’ argument that the breach of implied warranty count was merely a “disguised” first-party statutory bad faith claim.
Florida Supreme Court Holds that an Insured Can Assign its Causes of Action Against a Nonparty Insurance Broker and Obtain a Release, Consistent with the Court’s Decision in Cope
In Wachovia Ins. Serv., Inc. v. Toomey, No. 06-1110, 2008 WL 4379587 (Fla. Sept. 29, 2008), the Florida Supreme Court answered two interrelated, certified questions from the Eleventh Circuit.
UK: EL Policies Triggered by Exposure to Asbestos and Not Development of Disease
By Troutman Pepper Locke on
At London’s Royal Courts of Justice today Mr Justice Burton handed down a hugely important decision regarding the trigger for employers’ liability policies in the context of long tail asbestos diseases. …
Read More UK: EL Policies Triggered by Exposure to Asbestos and Not Development of Disease
11th Circuit Asks Florida Supreme Court to Decide Whether Liability Policy Covers Injury Caused by Faxing Unsolicited Advertisements
The United States Circuit Court of Appeals for the Eleventh Circuit has asked the Florida Supreme Court to decide if liability insurance policies cover damages for violations of a federal law prohibiting the transmission of unsolicited advertisements by facsimile. …
Read More 11th Circuit Asks Florida Supreme Court to Decide Whether Liability Policy Covers Injury Caused by Faxing Unsolicited Advertisements
UK: Asbestos Trigger Judgment Expected as Public Warned of the “Hidden Killer”
By Troutman Pepper Locke on
On Friday 21 November the High Court is expected to publish its keenly awaited decision in the asbestos employers’ liability “trigger” test cases, which will decide which employers’ liability policies should respond to asbestos claims.
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Read More UK: Asbestos Trigger Judgment Expected as Public Warned of the “Hidden Killer”
UK: Alberta v Katanga – Jurisdiction and Service Out of Jurisdiction
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
The High Court decision in Alberta v Katanga dealt with two separate questions that are of interest. The first regards allocation of jurisdiction where the defendant is domiciled in an EU member state. It concerns the meaning of a company’s “central administration” under the EC Regulation that determines which European Union member state’s court has jurisdiction to hear a dispute, Council Regulation (EC) No. 44/2001 (Regulation).
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Read More UK: Alberta v Katanga – Jurisdiction and Service Out of Jurisdiction
Florida State Appeals Court Reverses Jury Award of Bad Faith Damages
By Troutman Pepper Locke on
A Florida appeals court recently ruled that while a state statute provides for the award of “reasonably foreseeable” damages resulting from insurer bad faith, a jury is not free to award such damages without any supporting evidence. …
Read More Florida State Appeals Court Reverses Jury Award of Bad Faith Damages
Industry Analyst Predicts Impact on D&O and E&O Insurers to Total $9.6 Billion
Advisen recently issued three reports, on the D&O market, E&O market and the financial services industry, containing predictions on the impact of the subprime/credit crisis on insurers worldwide.
With respect to D&O claims, Advisen predicts $5.9 billion in losses for claims during 2007, 2008, and 2009. This amount
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Read More Industry Analyst Predicts Impact on D&O and E&O Insurers to Total $9.6 Billion