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NY Federal Court Finds “Insured v. Insured” Exclusion in D&O Policy Trumps General Allocation Clause
6 Feb 2023, 1:26 pm
District Court for the Southern District of New York considered whether an “insured v. insured” (IvI) exclusion applied to bar coverage for an underlying lawsuit brought against insureds under a directors & officers (D&O) liability policy by another insured under the same policy, and another noninsured party. [read post]
4 Apr 2023, 5:31 am
Harper (D. [read post]
7 Feb 2011, 3:00 am
Solicitors Regulation Authority v Davis and another [2011] WLR (D) 36 “Where a solicitor admitted disciplinary charges, and therefore anticipated sanctions upon him, he should give notice in advance of the hearing to the Solicitors Regulation Authority and the Solicitors Disciplinary Tribunal that he intended to contend either that no order for costs should be made against him, in exercise of the tribunal’s power under section 47(2) of the Solicitors Act 1974, or that… [read post]
25 Jan 2010, 2:59 am
Kennedy v Information Commissioner and another [2010] WLR (D) 6 “The Information Tribunal was correct in holding that the wording of s 32(2) of the Freedom of Information Act 2000 had a very wide scope. [read post]
28 Nov 2011, 3:41 am
Regina v H(J); Regina v Ferris; Same v W(A); Same v Walker; Same v Dan; Same v S(C); Same v Robertson; Same v P(M) [2011] EWCA Crim 2753; [2011] WLR (D) 342 “In principle, in historic or cold cases, a defendant had to be sentenced in accordance with the sentencing regime applicable at the date of sentence. [read post]
16 Jul 2012, 3:44 am
Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202 “A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity,… [read post]
5 Apr 2011, 1:24 am
Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122 “A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio. [read post]
31 Jul 2012, 1:30 am
KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1014; [2012] WLR (D) 230 “The Secretary of State’s duty to endeavour to trace the family members of an unaccompanied minor seeking asylum was not discharged by merely informing the child of the facilities of the Red Cross. [read post]
21 Jun 2011, 2:17 am
Regina (Gaunt) v Office of Communications (Liberty intervening) [2011] EWCA Civ 692; [2011] WLR (D) 201 “The provisions of the Ofcom Broadcasting Code had to be interpreted, as well as being applied in a particular case, so as to comply with the requirements of the right to freedom of expression in article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. [read post]
2 Feb 2011, 1:31 am
JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27 “Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the… [read post]
5 Apr 2011, 1:22 am
Schröder v Finanzamt Hameln (Case C-450/09); [2011] WLR (D) 121 “National legislation which allowed a resident taxpayer to deduct the annuities paid to a relative who had transferred immovable property to him, from the rental income derived from that property, but did not grant such a deduction to a non-resident taxpayer, was contrary to article 63FEU of the FEU Treaty in so far as the undertaking to pay those annuities resulted from the transfer of that property. [read post]
24 Jun 2010, 1:55 am
Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155 The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise. [read post]
14 Mar 2012, 4:25 am
Revenue and Customs Commissioners v First Nationwide [2012] EWCA Civ 278; [2012] WLR (D) 73 “The tax status of preference dividends from a Cayman Islands company to whose shares the taxpayer had subscribed, was determined by the machinery by which they were distributed. [read post]
24 May 2012, 1:52 am
Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156 “A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. [read post]
30 Aug 2012, 3:08 am
Cartwright and another v Registrar of Companies: [2012] EWCA Civ 1159; [2012] WLR (D) 255 “The date on which the administration of a company was converted into a creditors’ voluntary liquidation was the date on which the registrar of companies registered the conversion notice on the company’s file at Companies House, not the date the registrar received the notice sent by the administrators, on the true construction of paragraph 83 of Schedule B1… [read post]
27 Jun 2011, 6:45 am
Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208 “An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. [read post]
18 Dec 2009, 2:12 am
Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372 “Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary… [read post]
26 Jun 2012, 2:10 am
Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184 “A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. [read post]
20 Jul 2010, 2:23 am
Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192 “An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. [read post]
5 Apr 2012, 2:39 am
Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108 “An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980… [read post]
