Coverage & Claims

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A New York state appellate court recently held that an insured’s failure to notify its insurer of an occurrence and the possibility of a claim until eight months after an accident breached the notice requirement of the liability policy in question. 

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Read More New York Appellate Court: Eight Month Delay in Notice of Occurrence Breached Policy Condition Precedent Even Without Showing of Prejudice

A New York appellate court recently held that factual issues should have precluded summary judgment for a subcontractor and its insurer concerning whether they were obligated to provide defense and indemnification to a general contractor pursuant to the subcontract entered into between the general contractor and subcontractor. 

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Read More New York Appellate Court: Question of Fact Concerning Additional Insured Obligations Precludes Summary Judgment

A New York appellate court recently held that a coverage action was not rendered merely “academic” by the dismissal of the underlying property damage action because the insured continued to have a claim for litigation expenses incurred in defense of the underlying action. …
Read More New York Appellate Court: Insurer Not Entitled to Dismissal of Coverage Action Just Because Underlying Suit Is Dismissed

In a recent decision from the United States District Court for the Western District of Washington at Seattle, Heights at Issaquah Ridge Owners Association v. Steadfast Ins. Co., Case No. C07-1045RSM (W.D.Wa. Dec. 13, 2007), the court denied the plaintiff’s motion to compel an insurer to produce loss reserve information because the plaintiff did not assert how such information would be relevant to its bad faith claim. 

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Read More Court Rules That Reserve Information and Reinsurance Communications Are Not Relevant to Bad Faith and Consumer Protection Claims

In a 9 – 0 decision, the U.S. Supreme Court decided on Wednesday of this week that individual participants in 401(k) retirement plans can sue plan fiduciaries to recover losses that result from mishandling of their individual retirement accounts.  Until the decision in LaRue v. DeWolff, Boberg & Associates, Inc., No. 06-856, (Feb. 20, 2008) courts and commentators disagreed over whether an individual account holder could bring an ERISA action against plan fiduciaries or whether only the plan itself had standing to bring those lawsuits. 

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Read More Supreme Court’s Decision in LaRue v. DeWolff, Boberg & Associates, Inc. Could Lead to an Increase in Individual Account Holder 401(k) Litigation

The case of Standard Life Assurance v Oak Dedicated Ltd & Ors [2008] EWHC 222 concerned an action brought by the insured against its underwriters, who had subscribed to a policy which provided the insured with liability cover of £75million in excess of £25million. The insured claimed an indemnity under the policy, which contained a provision permitting the aggregation of claims arising from one originating cause or source. 

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Read More English High Court Considers Aggregation Clauses

The recent decision in the staged trial of the conjoined actions of Standard Life Assurance Ltd v Oak Dedicated and others and Standard Life Assurance Ltd v (1) Aon Limited (formerly known as Aon Group Limited) (2) Reynolds Porter Chamberlain [2008] EWHC 222 (Comm) has endorsed previous authorities concerning the scope of brokers’ duties. 

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Read More The English High Court has Re-Addressed the Topic of Brokers’ Duties

In the case of Kylie Palmer v Estate of Kevin Palmer (deceased) and others [2008] EWCA Civ 46, the Court of Appeal has refused to overturn a decision forcing Royal Sun Alliance (RSA) to pay the opposing parties’ costs personally. The claim arose after a six year old girl was severely injured in an automobile accident. 

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Read More The English Court of Appeal has Forced an Insurer to Pay the Opposing Parties’ Costs Personally

The Scottish Government has published a consultation paper on its proposal to introduce legislation before the summer recess in order to overturn the House of Lords’ 17 October 2007 decision (Rothwell v Chemical Insulating Company Ltd [2007] UKHL 39) that asymptomatic pleural plaques are not compensable (click here …
Read More The Scottish Government has Published a Consultation on the Impact of Reversing the House of Lord’s Pleural Plaques Judgment

Merrill Lynch recently agreed to “make whole” the city of Springfield, Massachusetts by paying nearly $14 million in connection with subprime losses the city suffered in cash accounts held with the brokerage firm. 

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Read More Broker Agrees To Reimburse Massachusetts City for $14 Million in Subprime Losses