Coverage & Claims

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Earlier this week, the Second Circuit overturned Southern District Judge Shira Schiendlin’s earlier decision granting dismissal of the complaint by class action plaintiffs who had brought federal securities claims against Barclays after the LIBOR scandal broke. …
Read More Second Circuit Revives LIBOR Suit Against Barclays; Scandal Continues to Haunt Big Banks

Edwards Wildman’s Robert W. DiUbaldo will participate on a panel hosted by Perrin Webinar entitled:  Sports Concussion Litigation- Latest NCAA and High School Research, Developments and Findings …
Read More Webinar: Sports Concussion Litigation- Latest NCAA and High School Research, Developments and Findings

In a decision issued on February 28, 2014 but published only recently, the Superior Court of Delaware addressed an issue of first impression and found that under New York law, horizontal exhaustion does not apply to excess insurance policies. …
Read More Delaware Court Applies Horizontal Exhaustion to Excess Insurance Policies Under New York Law

The federal district court in Massachusetts has declared that a professional liability insurer owes no duty to defend its insured, an accounting firm, against a suit alleging that the accounting firm negligently advised its client to invest in a Ponzi scheme. …
Read More Massachusetts Federal Court Declares That Professional Liability Insurer Need Not Defend Accounting Firm For Faulty Investment Advice

The U.S. Court of Appeals for the First Circuit earlier this year held that the preclusive effect of a prior arbitration is itself a matter for arbitration as between a reinsurer and its cedent. …
Read More First Circuit Holds That Preclusive Effect Of Prior Arbitration Outcome Is Itself An Arbitrable Issue

The Appeals Court of Massachusetts recently issued a coverage decision captioned Hurley v. Comproni, et al., 85 Mass. App. Ct. 1101, 3 N.E.3d 615 (Mass. App. Ct. 2014) (unpublished) (available here). The decision stemmed from an insured lawyer’s repeated failure to complete service in an underlying personal injury action, resulting in that action being time-barred. …
Read More Massachusetts Appeals Court Holds Upholds Summary Judgment on Behalf of Insurer Based on a Prior Acts Exclusion and Inaccurate Statements in the Policy Application

We cordially invite you to join insurance industry attendees to the AIRROC Boston Regional Education Day on April 9th. The full day program and post-session reception will be held in the offices of Edwards Wildman Palmer LLP, 111 Huntington Avenue, Boston, MA. …
Read More Please Join Us – AIRROC Boston Regional Education Day – April 9, 2014

The Massachusetts Appeals Court has upheld a lower-court judgment severely limiting the amount of coverage available to a motor vehicle policyholder, writing that the policyholder’s failure to control who operated the car constituted a misrepresentation that invalidated coverage even in the absence of an intent to deceive. …
Read More Massachusetts Appeals Court Finds That Policyholder’s Misrepresentations Limit Coverage