News & Analysis as of

Lloyds of London Insurance Litigation

Butler Weihmuller Katz Craig LLP

Third District Court Of Appeal Joins Debate Over Retroactive Application Of Florida Statute 627.70152’S Presuit Notice Provision

On February 14, 2024, Florida’s Third District Court of Appeal, in Fernando Cantens and Ana Marie Cantens v. Certain Underwriters at Lloyd’s London, No. 3D22-0917 (Fla. 3d DCA Feb. 13, 2024), joined Florida’s Fourth District...more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

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The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Kennedys

Courts examine subject matter jurisdiction over Lloyd’s of London

Kennedys on

Globalisation in virtually all business sectors is nothing new. Indeed, this phenomenon continues to expand and evolve, including broadening the scope of the global insurance market and its impact on litigation in the United...more

Farrell Fritz, P.C.

Can You Assign Your Rights Under an Insurance Contract that Prohibits Assignment? Only for Prior, Fixed Losses

Farrell Fritz, P.C. on

Parties to a contract generally can include in their agreement a provision preventing assignment of the agreement’s rights and remedies without the consent of both parties.  ...more

Rumberger | Kirk

Eleventh Circuit Weighs Business Interruption Coverage for COVID Related Loss

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Trial courts have started to rule and appellate courts are now being asked to decide whether government closure orders enacted due to the COVID-19 pandemic cause restaurants “direct physical loss or damage to property” within...more

Morgan Lewis

Federal Panel’s Decision Not to Centralize Certain COVID-19 Insurance Lawsuits Provides Strategic Opportunities for Policyholders

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The US Judicial Panel on Multidistrict Litigation (Panel) previously declined to centralize all coronavirus (COVID-19)-related business interruption insurance lawsuits, but left open the possibility of certain...more

Chartwell Law

Underwriters at Lloyd's of London Found Not Liable in Million-Dollar Insurance Coverage Action

Chartwell Law on

In a case out of Ohio, the Sixth Circuit recently held that the underwriters of two policies through Lloyd’s of London are not liable for a $2.2 million judgment awarded after a plaintiff was injured on a hunting trip. The...more

Carlton Fields

Court Compels Arbitration With Respect to Insurers, Not Brokers

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The U.S. District Court for the Southern District of Texas recently compelled arbitration against insurers but not brokers related to a commercial insurance dispute....more

Carlton Fields

Flooded: Court Finds “Named Windstorm” Coverage, and Not Flood Sublimit, Applies to Superstorm Sandy Water Damage Claim

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When the National Weather Service names a storm heading in your direction, you know to expect wind and water. This can create a quandary for property insurers. Is water damage from a named windstorm caused by the flood or the...more

Carlton Fields

District Court Enforces Mandatory Arbitration Clause, Despite State Law Prohibiting Such Provisions in Insurance Contracts

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Defendants, Certain Underwriters at Lloyd’s and its third-party claims administrator, CJW & Associates, sought to enforce a mandatory arbitration clause in a Lloyd’s policy issued to the plaintiffs. ...more

Carlton Fields

Court Denies Reinsurer’s Motion to Compel, Finding No Basis to Decide Issues Concerning Costs for Which Cedent Has Not Requested...

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Lamorak Insurance Co. issued excess policies to Olin Corp. and also reinsured those policies with the defendants, Certain Underwriters at Lloyd’s, London. After Lamorak and Olin settled a declaratory judgment action...more

Carlton Fields

Court Compels Arbitration Under the New York Convention and Dismisses Case in Windstorm Insurance Claim Dispute

Carlton Fields on

The underlying insurance policy was issued by Certain Underwriters at Lloyd’s London and contained an arbitration clause. The court applied the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also...more

Carlton Fields

Court Confirms Arbitration Award Rejecting Insurers’ Allocation Of Losses To Multiple Policies For Reinsurance Purposes

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A federal district court in Massachusetts has confirmed and entered as a judgment of the court an arbitration award in favor of Certain Underwriters at Lloyd’s, London against Century Indemnity Company regarding reinsurance...more

Carlton Fields

Second Circuit Joins Sister Circuits in Holding Party-Appointed Arbitrators Not Subject to Same Disclosure Requirements as Neutral...

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The Second Circuit recently held that parties seeking to vacate awards under Federal Arbitration Act Section 10(a)(2) must satisfy a higher burden in showing evident partiality by a party-appointed arbitrator. ...more

Carlton Fields

When Relying On A Prior Acts Exclusion To Deny Coverage, Be Sure To Connect The Dots

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In Certain Underwriters at Lloyd’s of London v. Federal Deposit Ins. Corp., No. 16-16702 (11th Cir. Jan. 23, 2018), the Eleventh Circuit concluded that a “prior acts” exclusion in a D&O policy did not bar coverage where the...more

Carlton Fields

Court Vacates Arbitration Award For Arbitrator’s Evident Partiality

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A New York Court vacated an arbitration award, finding that a party appointed arbitrator’s undisclosed relationships with the appointing party amounted to a relatively infrequent instance in which such nondisclosure...more

Carlton Fields

Texas Court Finds Policy Contained Delegation Clause Requiring Arbitration Under English Law

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A Texas federal court addressed a dispute as to whether the insurance policy at issue contained an arbitration agreement and whether it required arbitration of the particular claim. Looking at the “Law and Practice” provision...more

Zelle  LLP

Important Decision Impacting Waiver of Attorney-Client Privilege

Zelle LLP on

In a recent opinion issued in the matter of Certain Underwriters at Lloyd's London v. Nat'l R.R. Passenger Corp., No. 14-CV-04717 FB CLP (E.D.N.Y. Feb. 19, 2016), the Eastern District of New York held that communications from...more

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