Topics

Subscribe to Topics via RSS
In Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38, Persimmon appealed three issues relating to the construction of a payment clause in a contract for the redevelopment of Chartbrook’s land by Persimmon. Persimmon contended that (1) its construction of the clause was correct (2) the rule on excluding pre-contractual negotiations as an aid to construction of a contract should be reversed (3) rectification of a contract should be based on an objective, rather than subjective, assessment of the parties’ common intention. 

…
Read More UK: Construction of a Contract – House of Lords Delivers Significant Decision

In ‘Brent London Borough Council (Appellant) v Risk Management Partners Ltd. (Respondent) & (1) London Authorities Mutual Ltd. (2) Harrow London Borough Council (Interested Parties) (2009)’ [EWCA Civ 490] the Court of Appeal held that the actions of Brent London Borough Council (Brent), specifically in relation to its decision to abandon a tender process for insurance cover in favour of a mutual insurer in which it was a participating member, were beyond the authority granted to it by Parliament. …
Read More UK: Court of Appeal Ends Local Authorities’ Insurance Venture

On June 25, 2009, the Non-Admitted and Reinsurance Reform Act of 2009 (S. 1363) was reintroduced into the Senate by Senators Evan Bayh (D-Ind.) and Mel Martinez (R-Fla.).  S. 1363 is a companion bill to H.R. 2571, discussed here, which was introduced into the House on May 21, 2009.

…
Read More Non-Admitted and Reinsurance Reform Act Reintroduced into the Senate

In Taylor v. Sentry Group of Companies, No. 08-35116 (9th Cir. May 20, 2009), the plaintiff was severely injured in an automobile accident, with medical expenses alone exceeding $200,000.  The tortfeasor’s insurance policy had a limit of only $25,000.  The tortfeasor’s insurer offered the plaintiff the entire policy limits as settlement on three separate occasions.  Each offer was rejected by the plaintiff. …
Read More Ninth Circuit Holds That Insurer’s Failure to Offer More Than Policy Limits Is Not Bad Faith

In response to recent investigations of reimbursements of out-of-network treatment, New York Governor Paterson announced a proposed regulation that will require health and accident insurers, including health maintenance organizations (collectively, “insurers”), to inform insureds as to the actual reimbursement amount for out-of-network treatment before receiving such treatment. 

…
Read More New York Announces Proposed Regulation on Health Insurance Reimbursements

In a 5-4 decision, the United States Supreme Court in Ricci v. DeStefano offered little in the way of practical guidance to employers walking the fine line of race-neutral hiring and employment practices, but provided no shortage of controversy for pundits and commentators. …
Read More A Catch-22 for Employers: Supreme Court Rules Against City of New Haven in Reverse Discrimination Case

Petitioner Global Reinsurance Corporation of America (“Global”) and its predecessor companies provided reinsurance coverage to Home Insurance Company.  Global reinsured its contracts with Home by obtaining retrocessional reinsurance coverage from, among others, respondent Argonaut Insurance Company (“Argonaut”). …
Read More New York Federal Court Confirms Arbitration Award Requiring a Retrocessionaire to Reimburse a Reinsurer for IBNR Claims, but Recognizes the Viability of Manifest Disregard of the Law