Searching Content indexed under Contracts and Commercial Law by Carlton Fields ordered by Published Date Descending.
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Parent Company Guarantees Of Annuities
Rule amendments proposed in October by the SEC could impact insurers whose obligations under certain types of annuity contracts have been guaranteed by the insurers' affiliates.
United States
21 Dec 2018
Intentional Accidents: California Supreme Court Announces That General Commercial Liability Policies Apply To Negligent Hiring, Training, And Supervising Claims For Failing To Prevent Intentional Torts
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit observed that under California law, there was an unresolved question as to whether a commercial general liability ...
United States
12 Dec 2018
Tenth Circuit Strikes Offending Arbitration Provision Clause In Au Pair Agreements
Plaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed.
United States
29 Nov 2018
Southern District Of New York Confirms Arbitration Award Despite Allegation Of Undisclosed Real Party In Interest
After Hurricane Sandy hit the east coast in 2012, the Army Corps of Engineers contracted with Environmental Chemical Corp. (ECC) to conduct clean up on Fire Island, New York.
United States
6 Nov 2018
SEC Proposes Summary Prospectus Option And Modernized Disclosure For Variable Insurance Products
On October 30, the SEC voted to propose modernized disclosures for variable annuities and variable life insurance policies, including the use of an optional summary prospectus.
United States
6 Nov 2018
Failure To Procure Cyber Insurance Could Haunt Your Company
A federal court in Florida recently adopted the now well-developed consensus that data breach losses are not covered under standard Commercial General Liability (CGL) policies.
United States
1 Nov 2018
Suitability Working Group Stirs Ingredients For Suitability Model Potion
On October 22 and 23, the NAIC Annuity Suitability (A) Working Group (Suitability WG) held an interim meeting to review comments received on the Suitability in Annuity Transactions Model Regulation ...
United States
30 Oct 2018
Contract Claims Dismissed Against Reinsurers And Reinsurance Service Providers, But Negligence Claim Against Service Providers Allowed To Go Forward
Vantage, the plaintiff, had purchased insurance from Assured Risk Transfer (ART) against the risk that a company to which Vantage had loaned $22 million would default.
United States
24 Sep 2018
Fifth Circuit Finds That Arbitrator Exceeds Authority In Reforming Contract For Mutual Mistake
The Fifth Circuit has affirmed a district court's ruling vacating an arbitrator's decision reforming a contract for mutual mistake, finding that reformation ...
United States
24 Sep 2018
Florida Federal Court Dismisses Reinsurer's Agent From Breach Of Contract Lawsuit
The Florida federal court agreed with IRM, noting that under Florida law, "an agent for a disclosed insurer is not liable to the insured on the insurance contract."
United States
29 Aug 2018
Florida Federal Court Dismisses Reinsurer's Agent From Breach Of Contract Lawsuit
In this case, the ceding company, VIP Universal Medical Insurance Group Ltd. ("VIP"), brought an action in Florida federal court against its reinsurer, BF&M Life Insurance Company Ltd. ("BF&M") ...
United States
20 Aug 2018
Nebraska Federal Court Applies First-To-File Rule To Reinsurance Breach Of Contract Disputes, Transfers Case To Connecticut
The court, however, brushed off those arguments and held that "even assuming them to be true" the first-to-file rule still applied.
United States
15 Mar 2018
Real Property & Financial Services Update: Week Ending February 16 & 23, 2018
Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other party's breach.
United States
5 Mar 2018
Franchisees Lose Bid To Vacate Arbitration Award Enforcing Non-Compete Clause Despite Claim That Arbitrator Manifestly Disregarded The Law
A set of former franchisees are prohibited from violating the terms of a non-compete clause with franchisor Wild Bird Centers of America for two years after the Fourth Circuit recently upheld the denial of their petition ...
United States
20 Dec 2017
District Of South Carolina Denies Motion To Dismiss Action Involving Fronting Relationship
Applying Delaware law, a South Carolina District Court found Plaintiff had properly pled its causes of action for breach of contract, breach of fiduciary duty, negligence/gross negligence...
United States
25 Oct 2017
Ninth Circuit Affirms Application Of Arbitration Clause Found In Amazon's Conditions Of Use
Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court's ruling that Amazon's Conditions of Use (COU) created a valid contract between Amazon...
United States
23 Oct 2017
Dismissal Of Individual Claims Cap Insurer's Winning Streak In Action Challenging FIA Product Features
The court followed up on its prior ruling by granting ING's motion for summary judgment on the individual claims as well.
United States
16 Oct 2017
Invasion Of The Smart Contract Hackers
It's a story that could easily land on the desks of producers all over Southern California in the form of a sci-fi screenplay.
United States
18 Sep 2017
Blockchain Technology: Inevitable Disruption Or Inflated Hype?
The virtual currency Bitcoin has gained notoriety and intrigued entrepreneurs, finance magnates and governments.
United States
29 Aug 2017
Court Compels Arbitration Of Non-Signatory Party Seeking To Recoup Damages Flowing From Contract Containing Arbitration Clause
A federal district court has required Scottsdale Insurance Company to arbitrate a claim against Kinsale Insurance Company based on an arbitration clause in a contract between Kinsale...
United States
1 Aug 2017
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