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Leaky Building Exclusion: Court of Appeal Gets It Right (DLA Phillips Fox)
  • Liability insurers, especially those involved in leaky building claims, can breathe a sigh of relief at the Court of Appeal's decision in Lumley General Insurance v Body Corporate 205963 and Leuschke Group Architects Limited (In Liquidation).
  • Recent High Court Case Highlights Difficulty For Insurers (DLA Phillips Fox)
  • The recent High Court case of Devcich v AMI Insurance Limited provides an important reminder to insurers of how difficult it is to prove that the insured has caused the damage claimed.
  • Section 82(1) Offers: To Be or Not to Be? (Curwoods Lawyers)
  • The Principal Claims Assessor currently holds the view that there is no distinction between offers made under s 82(1) of the Motor Accidents Compensation Act 1999 (the Act) and offers not made under s 82(1).
  • July 2010 Update on Insurance Coverage for Chinese Drywall Claims (Bradley Arant Boult Cummings LLP)
  • Since our April 2010 update, activity in Chinese drywall litigation has intensified, culminating with the first jury trial verdict in the country.
  • Insurance Coverage for Damages Resulting From Massive Egg Recall (Bradley Arant Boult Cummings LLP)
  • As the egg recall from two egg producers in Iowa, Hillandale Farms of Iowa, Inc. and Wright County Egg, continues to unfold (a half a billion eggs at this writing), affected downstream purchasers should consider the availability of insurance coverage for resulting losses.
  • Third Circuit Rejects "Fraud-Created-the-Market" Presumption as Basis to Prove Transaction Causation (Cozen O'Connor)
  • Reliance, or transaction causation, is a significant element in a securities fraud case. But proving reliance by individual investors in a securities class action is often a cumbersome endeavor that may overwhelm the questions of law or fact common to the proposed class, and may therefore serve to preclude class certification.
  • Commission Opens Formal Investigation Into Protection & Indemnity Clubs (CMS Cameron McKenna LLP)
  • The European Commission has opened a formal investigation of its own initiative into whether certain provisions accompanying claim-sharing and joint-reinsurance agreements in the marine insurance sector infringe the competition rules.
  • Insurance Recoveries For The Gulf Oil Disaster (Anderson Kill & Olick, P.C.)
  • Many businesses have already been adversely affected by the massive oil slick in the Gulf of Mexico, and many more will be soon as the contamination intensifies and spreads.
  • Iran Sanctions Bulletin - Overview of Recent Sanctions Developments (Clyde & Co)
  • On 26th July 2010 Clyde & Co LLP published an article setting out the new Iran sanctions that had been adopted by the European Union Foreign Affairs Council.
  • US Insurance Inquiry - Possible Fallout for China? (King & Wood)
  • Recently, the Associated Press reported that the New York State Attorney General has served subpoenas on two major multi-national life insurers as part of that office's inquiry into those companies policies for paying death benefits to life insurance policyholders' beneficiaries.