Trinity Outdoor, LLC v. Central Mut. Ins. Co.,
285 Ga. 583 (2009).
In Trinity Outdoor, on a certified question of law from
the Northern District of Georgia, the Georgia Supreme Court found
that, prior to bringing a claim against the insurer for negligent
or bad faith failure to settle a case, a judgment must be entered
against the insured in excess of the policy limits. Central Mutual
Insurance Company insured Trinity Outdoor, LLC, and provided
Trinity with a defense in a suit brought against Trinity when
Trinity's billboard fell and killed two men. The decedents'
family sued Trinity, and offered to settle for policy limits.
During the court-ordered mediation, Trinity settled for
Central's agreed-upon contribution, and Trinity also agreed to
provide an additional amount without Central's permission....
Specific Questions relating to this article should be addressed directly to the author.
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).
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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
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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.
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.
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.
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.
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.
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.
