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By Nick Miles
Claims Control Clauses with multiple reinsurers who don’t speak with one voice can leave the reinsured little option but to put itself in breach with some reinsurers, jeopardising part of its security.
By C. Lastimosa
In Cincinnati Ins. Co. v. American Hardware Manufacturers Ass'n, ___ N.E.2d ___, 2008 WL 4963726 (Ill.App. Ct. Nov. 12, 2008), addressing contribution between two insurers, the Illinois Appellate Court held that allegations of recklessness in a claim for defamation did not amount to intentional conduct negating a duty to defend.
By Frank ReDavid
In Briggs Ave. L.L.C. v. Insurance Corp. of Hannover, ___ F.3d ___, 2008 WL 5220541 (2d Cir. (N.Y.) Dec. 16, 2008), the Second U.S. Circuit Court of Appeals addressed whether a policy's notice of claim condition was breached, therefore forfeiting coverage.
By L. Steele
In U.S. Fidelity & Guar. Co. v. Goudeau, ___ S.W.3d ___, 2008 WL 5266378 (Tex. Dec. 19, 2008), the Texas Supreme Court held that a "Good Samaritan" who suffered serious injuries while assisting another motorist was not entitled to coverage under his employer's underinsured motorist policy because he was not "occupying" his vehicle at the time of the accident.
In Allianz Ins. Co., et al. v. Guidant Corp., et al., ___ N.E.2d ___, 2008 WL 5412846 (Ill. App. Ct. Dec. 29, 2008), the Illinois Appellate Court upheld partial summary judgment in favor of the insurers that the policyholder could not aggregate multiple products liability claims under the policy's batch clause.
By Laura Prather, Catherine Robb
Did you hear that Big Bird dropped the "F Bomb" on Sesame Street? Okay, not really. But, if you were recently listening to the Federal Communications Commission's (FCC) argument before the U.S. Supreme Court in the "fleeting expletives" matter, then you might believe that it is just a matter of time, at least if broadcasters have their way.
By Sheri Hunter
We've all seen the late-night infomercials featuring former celebrities extolling the virtues of miracle products.
By Erin Cornell
In McCauley v. First Unum Life Ins. Co., et al, __ F.3d __, 2008 WL 5377680 (2d Cir. (N.Y.) Dec. 24, 2008), the Second U.S. Circuit Court of Appeals reassessed its analysis of an administrators discretionary benefit decision under an ERISA-governed plan following the U.S. Supreme Court's decision in Metropolitan Life Ins. Co. v. Glenn, ___ U.S. ___, 128 S.Ct. 2343 (2008).
By Aaron Colby, Leonora Schloss
The California Supreme Court granted review of Brinker Restaurant Corp. v. Superior Court of San Diego County on October 22, 2008.
By Mark Chudleigh, Eleanor Heine
Claims-made policies have been with us for a long time and insurers might be forgiven for thinking that the requirements for the timing of notifications under such policies were no longer an issue.
By John Stephens, Jennifer Burtness
Cupcakes, the staple of classroom birthdays everywhere, have become a huge phenomenon with adults and children alike.
By Robert Gebhard
Bankruptcy Court was often seen as a venue for bargain hunters to obtain great deals.
By Jennifer Donnellan, James Brown
President Bush has signed into law the ADA Amendments Act (ADAAA), which will go into effect on January 1, 2009.
By Dale Arakawa
In AGA Fishing Group Ltd. v. Brown and Brown, Inc., ___ F.3d ___, 2008 WL 2687494 (1st Cir. July 10, 2008), the First U.S. Circuit Court of Appeals affirmed that an insurance company is not liable for insufficient coverage absent the existence of "special circumstances" creating a duty of care.
By Aaron Mandel
In Smith v. Liberty Life Ins. Co., ___ F.3d ___, 2008 WL 2689247 (5th Cir. July 10, 2008), the Fifth U.S. Circuit Court of Appeals held that a policy's intoxication exclusion barred a claim arising out of a drug addict's death.
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