In a matter of first impression under New Jersey law that potentially impacts both the reinsurance and insurance industry and policyholders of insolvent insurance companies, the New Jersey Supreme Court affirmed the appellate division’s ruling that the Fourth Amended Final Dividend Plan (the “FDP”) proposed by the Liquidator for Integrity Insurance Company (“Integrity”) should not be approved because it unlawfully allowed incurred but not reported (“IBNR”) claims to share in the insolvent insurer’s estate.
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New Jersey Developments
Merger Plans Announced Between Edwards Angell Palmer & Dodge LLP and Kendall Freeman of London
US law firm Edwards Angell Palmer & Dodge LLP (“EAPD”) and Kendall Freeman of London today announced a plan to merge effective January 1, 2008.
New Jersey Bans Use of Step-Down Provisions
By Troutman Pepper Locke on
On Monday, September 10th, New Jersey Governor Jon Corzine signed into law a bill (S-1666/A-3038) banning the use of step-down provisions. Step-down provisions are used in businesses’ motor vehicle liability insurance policies and apply to employee claims.
Third Circuit Revives Vioxx Derivative Suit Against Merck
By Troutman Pepper Locke on
The Third Circuit Court of Appeals recently ruled that the New Jersey federal district court improperly dismissed derivative claims against certain of Merck & Co.’s officers and directors.
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Service of Suit Clause Not an Exclusive Forum Selection Clause Under New Jersey Law
By Troutman Pepper Locke on
On June 20, 2007, the Superior Court of New Jersey, Appellate Division reaffirmed that New Jersey Courts do not consider a Service of Suit Clause in an insurance policy to constitute an exclusive forum selection clause in favor of the insured.
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Third Circuit Rules that Consolidation is Issue for Arbitrators
By Troutman Pepper Locke on
On June 12, 2007, the Third Circuit affirmed a New Jersey district court’s ruling that arbitrators, and not the court, should determine whether a reinsurance dispute involving numerous asbestos claims should be arbitrated in a single, consolidated proceeding.
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