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HTMLMassachusetts Federal Court Rules That Insurer’s Decision To Commence Rescission Action Does Not Waive Attorney-Client Privilege
Alexander G. Henlin; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 25, 2014, previously published on November 10, 2014
Insurers can take comfort that their decision to bring a rescission action against a Massachusetts insured will not itself effect a waiver of the attorney-client privilege, at least in cases where the carrier’s process for deciding whether to sue is not relevant to the rescission claim...

 

HTMLMassachusetts Appeals Court Finds That Policyholder’s Misrepresentations Limit Coverage
Alexander G. Henlin; Edwards Wildman Palmer LLP;
Legal Alert/Article
March 20, 2014, previously published on March 18, 2014
The Massachusetts Appeals Court has upheld a lower-court judgment severely limiting the amount of coverage available to a motor vehicle policyholder, writing that the policyholder’s failure to control who operated the car constituted a misrepresentation that invalidated coverage even in the...

 

HTMLDirector Liability & Financially Distressed Companies in Turkey: Turkish Regime Far More Stringent than Corresponding Rules in the US and UK
John O. Faurescu, Arzum Gunalcin, Alexander G. Henlin, John D. Hughes, Jonathan Yorke; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 17, 2014, previously published on February 2014
American and British directors of corporations should be mindful of the different standards of conduct, obligations, and potential personal liability when holding directorships in Turkish companies, particularly if such companies’ financial situation is deteriorating. Unlike the rules...

 

HTMLValidus Wins Round One: Retrocessions Not Taxable Under 26 USC § 4371(3)
Alexander G. Henlin, Barry Leigh Weissman; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 17, 2014, previously published on February 7, 2014
A federal district court in Washington handed Validus Reinsurance a major win on Wednesday, declaring that the IRS has no authority to assess excise tax on retrocessions. The decision in Validus Reinsurance, Ltd. v. United States of America, No. 13-0109 (D.D.C. Feb. 5, 2014), is available here-...

 

HTMLTexas High Court Rules That Contractor Does Not “Assume Liability” When Agreeing To Perform Work In Good & Workmanlike Manner
Alexander G. Henlin; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 24, 2014, previously published on January 22, 2014
This past Friday, the Texas Supreme Court gave general liability insurers pointed guidance about what constitutes an “assumption of liability” for purposes of a contractual liability exclusion. Declaring that a contractor that agrees to construct a project in a good and workmanlike...

 

HTMLFlorida Supreme Court to Decide Constitutionality of Solicitation Restrictions on Public Adjusters
Alexander G. Henlin; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 21, 2011, previously published on December 2011
Currently before the Florida Supreme Court is a case challenging the constitutionality of Section 626.854(6) of the Florida Statutes, which imposes restrictions on the solicitation of business by public adjusters within the 48 hours immediately following an event that may become the subject of a...

 

HTMLThe Strategic Importance of Rule 24: The Judicious Use of Intervention to Assist in the Resolution of Insurance Coverage Issues
Alexander G. Henlin, Marc S. Voses; Edwards Wildman Palmer LLP;
Legal Alert/Article
September 21, 2011, previously published on September 2011
It is an all-too-common scenario: An insured tenders a claim to its insurance carrier, demanding defense and indemnity. The carrier, after review, identifies ortions of the claim that potentially fall outside of the scope of coverage, and reserves rights.