News & Analysis as of

Indemnity Insurance

Blog: The Supreme Court considers meaning of the words “a series of related matters or transactions” within an aggregation clause

by Cooley LLP on

In the recent Supreme Court decision AIG Europe Ltd v Woodman & Ors [2017] UKSC 18 the court considered the meaning of the words “a series of related matters or transactions” within an aggregation clause in order to determine...more

UK: Wood v Capita Insurance Services Limited

by Hogan Lovells on

Be aware of drafting (or seeking to interpret) a contractual indemnity provision in isolation. Appreciating the wider contractual context will avoid surprises. The Supreme Court has held that the indemnity clause in an...more

The Wandering Rocks – Recent Fifth Circuit Jurisprudence On Offshore Indemnity

by Baker Donelson on

A pair of recent Fifth Circuit cases, In Re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. Feb. 23, 2017, rev’d Mar. 7, 2017) and Richard v. Anadarko Petroleum Corp., No. 16-30216 — F.3d —-, 2017 WL 835187 (5th Cir. Mar. 2, 2017)...more

The UK Supreme Court: Reintroducing ‘Flexibility’ or ‘Uncertainty’ into the Interpretation of Aggregation Clauses?

by Reed Smith on

The UK Supreme Court has handed down its decision in AIG Europe Limited v Woodman and others [2017] UKSC 18. In doing so, the Supreme Court reversed the decision of the Court of Appeal. It found, broadly, for the insurer...more

The importance of aggregation clauses in professional clauses in professional indemnity insurance policies

by Dechert LLP on

UK Supreme Court clarifies effect of aggregation wording: AIG Europe Limited v Woodman - In a long awaited judgment, which will affect all organisations with professional indemnity insurance, the Supreme Court has...more

UK: AIG Europe Limited v Woodman and others

by Hogan Lovells on

Earlier this week, the Supreme Court overturned the Court of Appeal’s judgment in AIG Europe Limited v Woodman and others UKSC 2016/0100, ruling on how claims arising from similar acts or omissions in a series of related...more

AIG Europe Limited v Woodman and others

by DLA Piper on

On 22 March 2017, the Supreme Court handed down judgment in the case of AIG Europe Limited v Woodman and others, in which they considered the meaning of the words 'a series of related matters or transactions' within an...more

German Corporate Newsletter - March 2017

For companies interested in investing in, purchasing or selling German companies, here are several recent developments related to Data Privacy and Cybersecurity, M&A, Employment and Tax law that are helpful to keep in mind....more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

by Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Newsletter Corporate - February 2017

M&A - Balance Sheet Guarantees: German case law has recently developed new requirements for drafting Balance Sheet Guarantees in Share Purchase Agreements. If not properly drafted, such Balance Sheet Guarantees may be...more

Employee Benefits Developments - January 2017

by Hodgson Russ LLP on

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of January, 2017. Click through the links below for more information on each specific development or case. IRS...more

Is there operating room for compulsory PI insurance

by Hogan Lovells on

Since its inception on 30 August 2010, the regulations requiring health professionals to have professional indemnity insurance have lain dormant in a state of moratorium, almost as a distant memory some do not wish to recall....more

Federal Court Holds California Insurance Code Bars Duty to Defend Against False Claims Act Violations

by Carlton Fields on

The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act. On January 4, the U.S. District Court for the Central...more

OTA & Travel Distribution Update – Dec. 16th, 2016

by Garvey Schubert Barer on

This week’s OTA and Travel Distribution Update for the week ending December 16, 2016 is below. This week’s Update contains an update on one important recent court decision involving OTAs....more

Warranty and Indemnity Insurance – Is the Silver Bullet Beginning to Tarnish?

by Latham & Watkins LLP on

Warranty and indemnity (W&I) insurance products have been marketed as a “silver bullet,” which can bridge the gap between a buyer’s wish to receive proper deal protection and a seller’s aim of a clean exit. However, as the...more

Buy-Side Warranty and Indemnity Insurance – Increased Coverage Gaps

by Reed Smith on

As warranty and indemnity insurance continues to offer bespoke policies in an ever competitive market, we consider the key considerations for buyers at the outset of a transaction and the common gaps in...more

Connecticut Workers’ Compensation Carriers May Pursue Justice

by Carlton Fields on

Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more

European Banking Authority Consults on Minimum Amount of Professional Indemnity Insurance for Authorization under the Revised EU...

by Shearman & Sterling LLP on

The European Banking Authority published a consultation paper proposing draft Guidelines on how to stipulate the minimum monetary amount of professional indemnity insurance required for authorization under the Payment...more

Orrick's Financial Industry Week in Review

Financial Industry Developments - Rejecting "True Lender" Arguments, California District Court Dismisses Claims Against Student Loan Servicers - This past Thursday, September 22, a federal district court in the...more

EBA Consults on Guidelines on Minimum Professional Indemnity Insurance under PSD2

On September 22, 2016, the European Banking Authority (EBA) published a consultation paper (EBA/CP/2016/12) on draft guidelines in relation to professional indemnity insurance (PII) and the criteria competent authorities...more

Blog: PSD2: EBA consults on PII Guidelines for payment initiation & account information service providers

by Cooley LLP on

The European Banking Authority (EBA) has published its draft Guidelines on professional indemnity insurance (PII) and comparable guarantees for payment initiation and account information service providers (PISPs and AISPs...more

Missouri Federal Court Identifies Roadblocks For An Excess Carriers’ Claim For Attorney Fees Against Primary Carrier

by Cozen O'Connor on

The court’s decision in Axis Specialty Insurance Company v. New Hampshire Insurance Company highlights the scope of recovery available for an excess carrier seeking to recover against a primary carrier. Emboldened by the...more

Stand Alone, Fixed-Indemnity Plans Are Back, Maybe

by Balch & Bingham LLP on

In Central United Life Ins. Co. v. Burwell, D.C. Cir. No. 15-5310 (July 1, 2016), a D.C. Circuit panel affirmed, 3-0, a trial court injunction barring enforcement of the 2014 HHS regulation permitting individual...more

Fourth Circuit Affirms Denial of Coverage for Accidental Gunshot Injury

by McGuireWoods LLP on

On April 14, the Fourth Circuit held that an insurer owed no defense or indemnity coverage for an underlying personal injury suit against the policyholder’s employee, a security guard who accidentally shot a friend while...more

Washington Healthcare Update

by McGuireWoods LLP on

This Week: Double Issue — Congress leaves for seven weeks, Congress sends opioid legislation to the President…More co-ops fail…The Supreme Court rules on Texas Abortion Case and Washington state Pharmacists and Religious...more

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