In Everest National Insurance Company, et al. v. Robert Sutton, 07-Civ.-722 (JAP) (D.N.J. Oct. 14, 2009), the court dismissed five of Defendants’ counterclaims and three affirmative defenses on Plaintiff’s motion to dismiss.
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Katrina: Mississippi Supreme Court Finds that an Anti-Concurrent Causation Clause In a Homeowners’ Insurance Policy Does Not Exclude Coverage for Loss Separately Caused by Wind and Water
By Troutman Pepper Locke on
On October 8, 2009, the Mississippi Supreme Court issued its highly anticipated decision in Corban v. USAA Insurance Company, holding that the anti-concurrent causation (“ACC”) clause in a homeowners’ insurance policy is inapplicable where both wind and water did not act in conjunction in causing Katrina-related damages. …
Read More Katrina: Mississippi Supreme Court Finds that an Anti-Concurrent Causation Clause In a Homeowners’ Insurance Policy Does Not Exclude Coverage for Loss Separately Caused by Wind and Water
Connecticut Appellate Court Affirms Award of Summary Judgment in Favor of Title Insurer and Finds Policy Exclusion Applies and Insurer Did Not Breach the Covenant of Good Faith and Fair Dealing
In Lauren Heyse, et al. v. William Case, et al., AC No. 29289 (Conn. App. Jun. 2, 2009), the Insured, a resident of a common interest community, brought a lawsuit to challenge the rights of another property owner within the common interest community to subdivide a lot within the common interest community.
Washington District Court Awards Attorney’s Fees Incurred by Insured’s Subrogee in Establishing Coverage
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
A Washington District Court recently awarded an insured’s subrogee all attorney’s fees incurred at all levels of coverage litigation in establishing entitlement to coverage. …
Read More Washington District Court Awards Attorney’s Fees Incurred by Insured’s Subrogee in Establishing Coverage
UK: Insurance Business Transfer Approved by Court as not Improper or Unfair to Policyholders
By Troutman Pepper Locke on
Posted in Regulatory, United Kingdom
On 16 October 2009, Mr Justice Norris released his reasoning for sanctioning the transfer of the long-term insurance business of Commercial Union Life Assurance Company Limited (Commercial Union), CGNU Life Assurance Limited (CGNU) and Norwich Union Life (RBS) Limited (Norwich Union) to Aviva Life & Pensions UK Limited (Aviva) under Part VII of the Financial Services and Markets Act 2000 (FSMA).
California Supreme Court: Assault Committed in Self-Defense is Not an “Accident”
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an “accident” and therefore did not meet a CGL policy’s definition of a covered “occurrence.”
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Read More California Supreme Court: Assault Committed in Self-Defense is Not an “Accident”
UK: Partial Victory on Payment Protection Insurance (PPI)
By Troutman Pepper Locke on
In our previous blog on 13 February 2009 (see our previous blog here), we wrote that the Competition Commission proposed prohibiting the sale of all PPI alongside a credit product eg a loan within 7 days of selling a credit product to that customer.
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Read More UK: Partial Victory on Payment Protection Insurance (PPI)
FIDES 2009: The Latin American Insurance Industry Comes Together
By Troutman Pepper Locke on
Posted in Latin American Developments
On November 1-4, 2009, Machua Millett of EAPD will be participating in the 32nd Hemispheric Insurance Conference, hosted by the Federacion Interamericana de Empresas de Seguros (FIDES). FIDES 2009 will bring together more than 800 insurance industry representatives from 22 countries in the United States, Spain, Portugal and Latin America.
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Fifth Circuit Finds That Manifest Disregard of the Law Has Been Abrogated By Hall Street
By Troutman Pepper Locke on
In a departure from recent rulings by other federal circuit courts on this issue, the U.S. Court of Appeals for the Fifth Circuit has held that manifest disregard of the law is no longer a valid basis for vacating arbitration awards under the Federal Arbitration Act (“FAA”). …
Read More Fifth Circuit Finds That Manifest Disregard of the Law Has Been Abrogated By Hall Street
U.S. Supreme Court Denies Certiorari for Three Cases Concerning Manifest Disregard of the Law
By Troutman Pepper Locke on
On October 5, 2009, the U.S. Supreme Court denied writs of certiorari in three cases that examined whether manifest disregard of the law remains a valid basis for challenging arbitration awards in light of the Court’s decision last year in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008). …
Read More U.S. Supreme Court Denies Certiorari for Three Cases Concerning Manifest Disregard of the Law