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LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the author of the Directors and Officers Insurance...

Pillsbury Winthrop: Parties' Choice of Seat of Arbitration Key Factor in Choice of Law Decision

By Laura Thomson , Pillsbury Winthrop Shaw Pittman English Court of Appeal dismisses appeal, upholding injunction of coverage dispute in Brazilian courts because arbitration clause specifying London as the seat of arbitration trumps the policy's controlling law provision. The English Court...

UK Insurer Barred from Enforcing Mandatory Arbitration Provision in Coverage Dispute with Missouri Insured

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP In Union Electric Co. v. AEGIS Energy Syndicate 1225 , No. 12-3546 (8th Cir. April 19, 2013) [ enhanced version available to lexis.com subscribers ], the court held that a UK insurer was precluded from enforcing a mandatory arbitration provision...

Common Policyholder Pitfalls When Navigating London Aviation Insurance Claims

By Dennis Cusack and Erica Villanueva Maintaining appropriate insurance is critical for the entire aviation industry. Many US-based airlines, aircraft owners/financiers, and aircraft lease servicers devote significant resources at the front end setting up their insurance programs, maintaining schedules...

Mindful Case Management

By Dennis Cusack We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays, unbounded discovery, and often unnecessary motion practice, without...

U.S. High Court Refuses To Review Arbitration Ruling Arising From Crop Damage

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court today rejected a nursery insured’s request to review the 11th Circuit U.S. Court of Appeals' refusal to vacate an arbitration award in favor of insurers in a coverage dispute over the insured's crop damage ( Campbell's Foliage...

A Horse is a Horse, of Course – A Horse is Not “Mobile Equipment”

As Mr. Ed once said, cogently, “a horse is a horse, of course,” and it is nothing more. Although insurance terms and conditions can be interpreted to cover a multiple of sins, it cannot change the obvious. FACTS In the fall of 2006, a taxi insured by the petitioner was involved in a...