The plaintiffs filed a class action against Domino’s, alleging that the company’s franchise agreement violated federal antitrust law as well as state law. Domino’s moved to compel arbitration, and the plaintiffs opposed on...more
An insured sought coverage under its commercial property insurance policy for property damage incurred after construction work was performed in an adjoining building. ...more
Affirming the trial court’s ruling, the Fourth Circuit upheld the denial of a motion to vacate or modify an arbitration award involving the termination of an employee. ...more
Defendant, Munich Re, moved for summary judgment relating to defense costs and allocation and Plaintiff, Utica, moved for summary judgment as to Munich Re’s claim for reimbursement. The Court denied the motions with the...more
4/30/2018
/ Breach of Contract ,
Endorsements ,
Follow-the-Fortunes Clause ,
Insurance Litigation ,
Legal Costs ,
Policy Terms ,
Reimbursements ,
Reinsurance ,
Summary Judgment ,
Umbrella Policies ,
Utica Mutual Insurance Co.
County of Suffolk v. Lexington Ins. Co., Case Number 604661-2017, Supreme Court of the State of New York, Suffolk County -
Under New York law, the requirement of a fortuitous loss is a necessary element for coverage to...more
4/17/2018
/ Breach of Contract ,
Covenant of Good Faith and Fair Dealing ,
Denial of Insurance Coverage ,
Duty to Defend ,
E&O Insurance ,
Energy Sector ,
Insurance Industry ,
Insurance Litigation ,
Justifiable Reliance ,
Leases ,
NY Supreme Court ,
Parking Lots ,
Promissory Estoppel ,
Solar Panels ,
State and Local Government ,
State Contractors ,
Wrongful Acts
Applying Delaware law, a South Carolina District Court found Plaintiff had properly pled its causes of action for breach of contract, breach of fiduciary duty, negligence/gross negligence and negligent misrepresentation...more
10/25/2017
/ Banking Sector ,
Breach of Contract ,
Breach of Duty ,
Duty of Care ,
Fiduciary Duty ,
Fronting Policies ,
Good Faith ,
Gross Negligence ,
Insurance Industry ,
Insurance Litigation ,
Motion to Dismiss ,
Negligence ,
Negligent Misrepresentation ,
Trust Accounting ,
US Bank National Association
Following Davis’s filing of a federal lawsuit alleging state malpractice and breach of contract claims, as well as federal Fair Housing Act and Civil Rights Act claims, the Court ordered the action be stayed pending...more
Based on the plain and ordinary meaning of the service of suit clause, the Seventh Circuit Court of Appeals found a reinsurer waived its right of removal. The service of suit clause provided...more
Although a New York federal district court would have found the same result as the dissenting arbitrator if it were resolving this case as an original matter, the limited scope of judicial review of arbitral decisions...more