News & Analysis as of

Insurance Brokers Breach of Contract

Clark Hill PLC

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping...

Clark Hill PLC on

A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more

Marshall Dennehey

Statute of Limitations Stands: Pennsylvania Superior Court Affirms Dismissal of Breach of Contract Claim Against Insurance Broker

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The Pennsylvania Superior Court recently affirmed the Philadelphia County Court of Common Pleas’ dismissal of breach of contract claims asserted against an insurance broker in Thuong Erin Wasielewski, Individually and as...more

Carlton Fields

District Court Grants Motions to Dismiss Claims Brought by Reinsurer

Carlton Fields on

The U.S. District Court for the Northern District of Texas recently dismissed certain claims brought by a reinsurer related to its efforts to audit an insurer’s broker....more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

In Law Office of Drew J. Bauman v. Hanover Insurance Company, 2023 WL 2238552 (D.N.J. February 27, 2023), the plaintiffs maintained a professional liability insurance policy with the Hanover defendants from October 2017 to...more

Marshall Dennehey

Pennsylvania Court Denies Stay in Action Filed Against Insurer and Insurance Broker

Marshall Dennehey on

An insurance broker sought to stay the plaintiff’s negligence action asserted against it pending a determination on the claims of breach of contract and bad faith alleged against the insurer. The court denied the motion to...more

Wiley Rein LLP

Broker Has No Tort-Based Duty to Claimants to Notify Insurance Carriers of Claims Against Insured 

Wiley Rein LLP on

Applying Illinois law, the United States District Court for the Northern District of Illinois has held that an insurance broker was not liable in tort to a claimant for an alleged failure to provide timely and proper notice...more

McGlinchey Stafford

What Can I Recover For Breach Of My Contract? - The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

Statute of Frauds- Csizmadia v. Gilkey, 5th Dist. Morgan No. 20AP0006, 2021-Ohio-2760 In this appeal, the Fifth Appellate District affirmed the trial court’s decision, agreeing that the property owners could not assert a...more

Carlton Fields

A Summary of Predicted Litigation Under the DOL’s Proposed Fiduciary Rule

Carlton Fields on

The Department of Labor’s recent Proposed Rule, which defines the term "fiduciary" as it applies to persons who provide "investment advice" to ERISA plans and IRAs, will impact the likelihood and severity of fiduciary...more

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