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20 Nov 7:19 am by jolyonpatten
... contracts. In Safety Nat'l Cas. Ass'n v. Certain Underwriters at Lloyd's the Underwriters provided reinsurance for excess policies issued to a workers compensation self- ... agreement. The conflict between the circuits sets the stage for a possible resolution of the issue by the U.S. Supreme Court. Until this resolution occurs, the Safety National opinion constitutes the law of ... law. The case is Safety Nat'l Cas. Ass'n v. Certain Underwriters at Lloyds', London No. 06-303262 (5th Cir. Nov. 9, 2009). ...
Re Risk - http://www.rerisk.net
21 Nov, 2008 2:37 pm
Earlier this month, the Supreme Court of Appeals of West Virginia issued its opinion in Certain Underwriters at Lloyd's, London, Subscribing To Policy No. B0711 v. PinnOak Resources, LLC, 2008 WL 4867663 (W. Va., ... there was any connection between the two documents and that its interpretation of "payback" was unsupported. The settlement agreement could not extinguish PinnOak's obligation under the policy because the agreement applied only to the 2003 "loss," which was PinnOak's claim for "business ...
West Virginia Business Litigation - http://www.wvbusinesslitigationblog.com/
20 May 2:44 pm by Goldberg Segalla LLP
Reports circulating today indicate that Lloyd's has received an "establishment license" to expand its marketshare in Portugal. The agreement will specifically allow Lloyd's underwriters to appoint certain coverholders to assist them in writing additional policies in Portugal. Prior to the agreement, Lloyd's was writing approximately £17.m of non-life gross premiums in that country. According to Jose Ribeiro, a director in Lloyd's ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
31 Oct, 2008 4:56 pm
... , examination, reporting, regulation, or other supervision relating to the sale, solicitation, or negotiation of insurance, to the underwriting of insurance, or to any other insurance operations" would be eliminated. As a consequence of ending State oversight ... (1969); Maple Flooring Ass'n v. United States, 268 U.S. 563 (1925). 11.See, United States v. Citizens & Southern ... . 2006); but see, Safety Nat'l Casualty Corp. v. Certain Underwriters at Lloyd's, London, No. 06-30262 (5th Cir. Sept. 29, ...
Tags: E.U.
Law at the End of the Day - http://lcbackerblog.blogspot.com
6 Jul 6:41 am
... Citizens' Liquidator, brought three claims in New York Supreme Court against defendants, Certain Underwriters at Lloyd's, London ("Underwriters"), including claims for breach of contract and "account stated," requesting amounts allegedly ... York Supreme Court's liquidation order, or the Superintendent assigned his exemption from arbitration to plaintiffs." The Court held that Underwriters' inability to compel the Liquidator to arbitrate did not imply an inability to compel Cooke to arbitrate, as ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
28 Aug, 2008 9:55 am by Roy A. Mura
... action in New York County Supreme Court to "confirm the propriety of its disclaimer" and moved for default judgment against certain defendants and summary judgment against the remaining defendants. In denying Tower's motion for ... is clear and substantially uncontradicted, the matter is one of law for the court to determine." (Interested Underwriters at Lloyd's v. H.D.I. III Assoc., 213 AD2d 246 [1st Dept. 1995]). The Rules also state that: "any risks with the following factors may not be written: ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
16 Jul 3:59 am by Katherine Scanlon
... risk." AEG did reveal to AP, though, that "sometime in February, Jackson submitted to 'five-plus hours of physicals that the insurance underwriter insisted on. We were told he passed with flying colors." Now, notwithstanding the fact that Mr. Jackson was ... is likely to have had multiple policies with several insurers, who would each have taken on a portion of the risk." A spokesman for Lloyd's, Bart Nash, also speaking to Insurance Journal, said that any such policy "would likely cover the death ...
Secondary Insurance Market Blog - http://www.secondaryinsurancemarketblog.com/weblog/
27 Aug 5:37 am
... be kept confidential. After the arbitration concluded, Republic moved to file under seal certain documents related to an arbitration (including the award) in connection with its petition to intervene to assert a right to ... Relying upon the factors set forth in Century Indemnity Co. v. Certain Underwriters at Lloyd's London, 592 F. Supp. 2d 825 (E.D. ... generally afforded to documents filed with the court. A copy of the court's opinion and order, captioned Joel S. Ario v. Reliance Ins. Co., No. 269 M. ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
11 Oct, 2007 6:26 am
... regulatory enforcement actions over liability for groundwater contamination cannot be recovered under certain excess policies absent a final adjudication of liability. Aerojet-General Corp. v ... 051124, 2007 WL 2671279, *1 (Cal. Ct. App. Sept. 13, 2007) . The court's decision appears to be limited to and highly dependent upon the policy ... which exceeded the underlying insurance. Relying on the California Supreme Court's decision in Certain Underwriters at Lloyd's of London v. Superior Court, 24 Cal.4th ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
6 Sep, 2007 3:00 am by Matthew Lerner
The New York Court of Appeals will hear the following civil appeals today: Certain Underwriters at Lloyd's, London v. Foster Wheeler Corp. This appeal addresses a conflicts-of-law question. An action was brought ... concerns whether a father, who is co-trustee of a trust pursuant to will, can use the trust proceeds to pay for the daughter beneficiary's education (as set forth in the trust) where the father also has an obligation to pay for the daughter beneficiary's education under a divorce decree. ...
New York Civil Law - http://nylaw.typepad.com/new_york_civil_law/
10 Oct, 2007 7:48 am
Recently, the United States District Court for the District of Nevada vacated an arbitration panel's award that consisted of, among other things, punitive damages, finding that the award was in manifest disregard ... 's jurisdiction. See Zev Lagstein M.D. v. Certain Underwriters at Lloyd's of London, No. CV-S-03-1075 (D. Nev. Aug. 14, ... $4,000,000. The insurers moved in federal court to vacate both of the panel's awards pursuant to Section 10 of the Federal Arbitration Act and the claimant moved to ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
26 Feb, 2008 6:57 am
... Circuit decision, Keystone v. Home Insurance Company, has held that an excess insurer was not bound by the primary insurer's decision to settle. The excess carrier had declined to provide coverage for a settlement due to exclusions in the policy even ... of the underlying class action. The Massachusetts Supreme Court, in Allmerica Financial Corp. v. Certain Underwriters at Lloyd's, affirmed the trial court's ruling that excess insurers with "follow form" policies are entitled to make their own ...
Blog Justice - http://sskrplaw.com/blog/
7 Oct 3:03 am
... by failing to provide copies of requested tax returns. Double G.G. Leasing, LLC v. Underwriters at Lloyd's, London, AC 29998 (Conn. App. August 11, 2009). The plaintiff insured purchased real property in ... disagreed with the plaintiff, and agreed with the trial court that in the course of an arson investigation by an insurer, "requests for income records are certainly material inquiries" and that "in view of the fact that direct proof of arson is seldom available, courts have recognized that the ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
21 Sep, 2007 1:30 am
... within the time limitations set forth by the reinsurance contract at issue. See Certain Underwriters at Lloyd's London v. Argonaut Ins. Co., No. 06-3395 (7th ... nominate two arbitrators, who shall choose the third." (Emphasis added.) Argonaut settled certain asbestos-related claims brought against one of its insureds, Western MacArthur, and ... Circuit noted that the arbitration clause at issue fell within the scope of the New York Convention, 9 U.S.C. § 201, et seq. (the "Convention"), which governs ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
19 Mar, 2008 11:17 am by George Wallace
... Things Insured by Lloyd's of London. (Look! Elephants!) Like a bespoke suit, a "bespoke policy" of Lloyd's insurance is a sign that a certain height of celebrity has been achieved by its holder. The latest example is Lloyd's providing insurance for ... on his American entertainers, however: he refers to proboscally-unchallenged Lloyd's-insured singer-comedian Jimmy Durante as "Snozzle Durantee." No respect for the classics, these underwriters.] As noted by Patrick Collinson of The Guardian, "The more ...
Declarations and Exclusions - http://declarationsandexclusions.typepad.com/weblog/
25 Aug 5:00 am by Victoria VanBuren
... federal court under the New York Convention. In ENSCO International Inc. v. Certain Underwriters at Lloyd's et. al. (No. 08-10451) (5th Cir. Aug. ... Foreign Arbitral Awards (a.k.a. the New York Convention). See 9 U.S.C. § 205. ENSCO moved to remand, arguing that the forum selection clause waives ... 'exclusive' venue for litigation in 'the Courts of Dallas Country, Texas.' " Accordingly, the court held that the Underwriters have waived their right to remove and affirmed the order to remand. Technorati ...
Disputing - http://www.karlbayer.com/blog
15 Oct, 2007 5:38 am
... had agreed to these same terms by agreeing to be part of the facility. Even though it is alleged that Guy Carpenter, as underwriting manager, was historically given the discretion to set the price for reinsurance placed on behalf of the facility, the CT AG alleges ... included: Arch Re (21%); EMC (8%); American Agricultural Insurance Company (13%); and certain underwriters at Lloyd's of London (25%). ALLEGATIONS OF ANTICOMPETITIVE RESTRAINTS Allegations of Horizontal Restraints 1. Price Fixing ( ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
10 Nov 10:42 am by Goldberg Segalla LLP
... Co. Download Bryant v. Hopkins Download Century Indemnity Co. v. Certain Underwriters at Lloyd's London Download Chehardy v. Allstate Ins. Co. Download Colony Ins. Co. v. Peachtree Construction, Ltd. Download Corban v. U.S. Automobile Assoc. Download Esquivel v. Workers' Compensation Appeals Board and Corrections ... Plunkett v. State Farm Mutual Automobile Ins. Co. Download Sheppard v. Travelers Lloyds of Texas Ins. Co. Download State Farm Florida Ins. Co. v. Seville Place Condominium ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
2 Nov 5:00 am
... alleged for their failure to fulfil obligations. In Willbros USA, Inc. v. Certain Underwriters at Lloyd''s of London, 2009 OK CIV APP 90, Mandate Issued: ... Oklahoma. Willbros purchased a $25 Million excess liability policy through certain Underwriters at Lloyd's, London. The business was placed using Gallagher as the retail agent and ... notions of fair play and substantial justice, then there is jurisdiction by Oklahoma's long-arm statute. A single act or transaction in the state can make the non- ...
Oklahoma Insurance Law - http://www.okinsurancelawblog.com/
21 Jul, 2008 3:02 pm
... law were preempted. The issue under consideration by the court was related to, but bifurcated from, the plan confirmation process. Certain insurers objected to confirmation of the Fourth Amended Joint Plan of Reorganization for the Debtors and Debtors-In-Possession (As ... asbestos trust is valid and enforceable, notwithstanding anti-assignment provisions in the policies. Certain Underwriters at Lloyd's London and Certain London Market Companies, as well as another group of insurers, appealed to the ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
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