The Fourth Circuit Court of Appeals reversed a Virginia federal court’s dismissal of a challenge to an arbitration award. The underlying dispute arose out of a lawsuit filed by Alvin Moore against his email service provider,...more
12/17/2018
/ AOL ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Criminal Investigations ,
Digital Service Providers ,
Diversity Jurisdiction ,
ECPA ,
Electronic Communications ,
Email ,
Evidence ,
Federal Arbitration Act ,
Motion to Compel ,
Motion to Dismiss ,
Motion to Vacate ,
Reversal ,
Stored Communications Act
The Sixth Circuit Court of Appeals issued a colorful opinion in a property insurance coverage dispute affirming a denial of coverage for loss arising out of an illicit marijuana growing operation in Michigan. The case is...more
10/8/2018
/ Appeals ,
Commercial Property Owners ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Marijuana ,
Marijuana Related Businesses ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Third-Party Criminal Acts
Plaintiff Outokumpu Stainless USA, LLC (“Outokumpu”) contracted with F.L. Industries, Inc. “”FLI”), a German company, to provide cold rolling mills (“CRMs”), which are used in the production of certain steel products. FLI...more
9/26/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Consumer Contracts ,
Jurisdiction ,
Motion to Compel ,
Motion to Remand ,
New York Convention ,
Non-Signatories ,
Remand ,
Steel Industry
In Excess Insurance Co. Ltd. v Factory Mutual Insurance Co., 3 NY3d 577 (N.Y. 2004), New York’s high court held that, under a facultative reinsurance agreement, the reinsurer’s liability was limited to a per occurrence cap,...more
In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more
12/14/2017
/ ADEA ,
Age Discrimination ,
Appeals ,
Attorney's Fees ,
Declaratory Judgments ,
Employer Liability Issues ,
Employment Practices Liability Coverage ,
Indemnification ,
Independent Counsel ,
Insurance Industry ,
Insurance Litigation ,
MA Supreme Judicial Court
In late June, the New York Court of Appeals affirmed a trial court ruling that there was no coverage for a health insurance company policyholder, under a “Computer Systems Fraud” rider issued by its insurer, for an underlying...more
10/9/2015
/ Appeals ,
Commercial Insurance Policies ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Security ,
Fraud ,
Fraudulent Wire Transfers ,
Hackers ,
Health Insurance ,
Insurance Industry ,
Medicare Advantage ,
National Union ,
Oil & Gas ,
Phishing Scams ,
Popular
A New York statute provides that liability insurers may not deny claims on grounds of late notice, unless they can show they were prejudiced by the delay. The statute applies to policies “issued or delivered” in New York. In...more
Earlier this month, the U.S. Court of Appeals for the Tenth Circuit held that Texas law allows an indemnity agreement to insulate a party from the consequences of its own, allegedly negligent conduct, but only if that feature...more
In Milan Express Co., Inc. v. Applied Underwriters Captive Risk Assur. Co., Inc., No. 14-5193 (6th Cir. Oct. 24, 2014), the Sixth Circuit Court of Appeals vacated the district court’s order granting plaintiff’s motion to stop...more
In a unanimous panel decision, the U.S. Court of Appeals for the First Circuit reversed a trial court’s ruling that the defendant, Unum Life Insurance Company of America (Unum), had breached fiduciary duties under the...more