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6 Sep, 2007 3:00 am by Matthew Lerner
... 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 to apportion responsibility, among insured equipment manufacturer and ... to the non-settling excess insurers to determine their liability. City of New York v. Welsbach Elec. Corp. This appeal concerns issues surrounding the doctrine of res judicata within the context of a personal-injury action (see prior post ...
New York Civil Law - http://nylaw.typepad.com/new_york_civil_law/
27 Mar 5:15 am
... Electric Company: We have held that a contract of liability insurance is "governed by the law of the state which the parties understood was to be the principal location of the insured risk ...'" (Certain Underwriters at Lloyd's, London v Foster Wheeler Corp., 36 AD3d 17, 22-23 [2006], affd 9 NY3d 928 [2007]), that " ... lv denied 97 NY2d 611 [2002]; Bankers Trustee Co. Ltd. v First Mexican Acceptance Corp., 273 AD2d 81, 81 [2000], lv denied 95 NY2d 766 [2000]). Accordingly, we ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
6 Nov 5:19 am
COMMERCIAL LIABILITY - CHOICE OF LAW Liberty Surplus Ins. Corp. v. National Union Fire Ins. Co. of Pittsburgh, Pa. (1st Dept., decided 11/5/2009) In this insurer vs. insurer suit, defendant National ... , "the state of the insured's domicile at the time the policy was issued," and a "corporate insured's domicile is the state of its principal place of business" (Certain Underwriters at Lloyd's, London v Foster Wheeler Corp., 36 AD3d 17, 24-25 [2006], affd 9 NY3d 928 [2007]). The liability policies at ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
14 Feb 9:14 pm by Steven J. Malman
... -Vulcan, Uniroyal, Durabla, Champlain, Henry Vost Machine, Cooper Industries, Kaiser Gypsum,Crosby Valve, Sepco Corp., Crown Cork, Garlock, Georgia Pacific, Foseco, Guard-Line, Insulation Co.,Industrial Holdings Corp., Ogelbay Norton,KCG ... the products that contained asbestos, including: Zurn, Weil-McLain, Warren Pumps, Viacom, Trane, Oakfabco, FMC Corp., Allis-Chalmers, Ingersoll-Rand, Aqua Chem, Goulds Pumps, GE,Crane Co., Foster Wheeler, Elliot Turbo Machinery, Peerless, and IMO Industries. The ...
Chicago Workers Compensation Lawyer Blog - http://www.chicagoworkerscompensationlawyerblog.com/
31 Jan, 2008 4:05 am
... that the normal rule giving precedence to the "first filed" DJ shold be disregarded where the equities require it. In Sensient Corp. v. Allstate Ins. Co., A-99-06 (N.J. January 29, 2008), the Supreme Court held ... the great weight that New Jersey courts have placed on New Jersey contacts in applying New Jersey law to coverage disputes. In light of the New York Court of Appeals' recent opinion in Foster Wheeler applying New Jersey law to pollution claims involving a New York insured that had moved ...
National Insurance Law Forum - http://www.insurancelawforum.com/
24 Sep 7:26 am
... applies to a boiler manufactured to United States Navy specifications, shielding the manufacturer from a design defect claim. Oxford v. Foster Wheeler LLC, Docket No. A121577 (Cal. Ct. App., September 9, 2009). The trial court litigation ... liability. In response, the manufacturer asserted the government contractor immunity defense. As articulated in Boyle v. United Technologies Corp., 487 U.S. 500 (1988), the doctrine provides that a manufacturer of military equipment cannot be held liable for a ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
         
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