Sentences with phrase «against insurers under»

Acting for a major financial institution in a LCIA arbitration against its insurers under a bankers blanket bond policy.

Chapter 93A, Damage Awards Against Insurers Under Massachusetts General Laws, Massachusetts Academy of Trial Attorneys News, April, 1987

(5) Despite subsection (4), if a person is a named insured under a contract evidenced by a motor vehicle liability policy or the person is the spouse or a dependant, as defined in the Statutory Accident Benefits Schedule, of a named insured, the person shall claim statutory accident benefits against the insurer under that policy.

Some of the more frequently overlooked (and therefore dangerous) limitation periods include: i) the limitation period set out in section 38 (3) of the Trustee Act which applies to certain claims brought by or against the estate of a deceased person; ii) the 6 month limitation period for dependent's relief claims that is set out in section 61 of the Succession Law Reform Act; and iii) the one year limitation period set out in section 259.1 of the Insurance Act, which applies to «a proceeding against an insurer under a contract in respect of loss or damage to an automobile or its contents».

Not exact matches

On September 15, 2015, BitPay filed suit against its insurer, Massachusetts Bay Insurance Company («MBIC») to recover amounts owed under a commercial crime policy issued by MBIC to BitPay as well as penalties for MBIC's bad faith denial

Thrivent Financial for Lutherans became the sixth plaintiff to lob a complaint against the Department of Labor's fiduciary rule when the insurer filed a suit in late September challenging the class - action waiver requirement under the rule's best interest contract exemption, or BICE.

In the event an insurer receives from a covered person a valid order of protection against the policyholder or other person covered under the policy then the insurer is prohibited, for the duration of the order, from disclosing to the policyholder or other person the address (including street, mailing or email addresses) and telephone number of the insured, or of any person or entity providing covered services to the insured.

The law also requires an insurer to protect the confidentiality of a person covered under an insurance policy when that person delivers to the insurer a valid order of protection against the policyholder or other person covered by the policy.

Typically in British Columbia you will have two or more injury claims, one against ICBC as your insurer and another against the at fault driver, usually also insured by ICBC under third party liability coverage.

In those circumstances, the injured person will seek to recover additional damages against his / her own insurer under the OPCF44R Endorsement of his / her policy.

representing insurers in an arbitration under the auspices of the Singapore International Arbitration (SIAC) against a Netherlands Corporation in a dispute relating to subsea operations and marine infrastructure

We advise business clients and insurers on pollution and other environmental claims, and have extensive experience litigating claims under federal and state statutes in clean - up cases, either defending against liability and allocation among defendants, or seeking reimbursement for recovery costs from responsible parties.

It therefore sought to establish that it was not liable to cover Barrington's liability to Impact under its professional indemnity insurance agreement as per the Third Parties (Rights Against Insurers) Act 1930.

The insurer denied coverage to Mr. Hoang, and the plaintiffs were forced to bring an action for coverage, under section 258 (1) of the Insurance Act directly against the defendant insurer to have the insurance money payable under Mr. Hoang's motor vehicle policy applied toward satisfaction of the judgment.

In D.E v. Unifund Assurance Co. the Court was tasked with determining whether an insurer had a duty to defend its insured under a homeowner's policy against a claim alleging that the insured's Grade 8 daughter had bullied her classmate, causing physical and psychological injuries.40 The claim alleged that the insured was negligent in their failure to control their daughter.

It is a uniformly accepted convention that once a court declaration under s 152 (2) is made, the insurer is released from any direct liability to meet a third - party claim, whether contractually or statutorily imposed (ie under either s 151 of RTA 1988 or Reg 3 of the Rights Against Insurers Regulations 2002 (SI 2002/3061).

Declaratory judgment action included claims against insurer for alleged violation of consumer protection law, in addition to dispute over the insurer's reasons for denying coverage for the stock option backdating claims under applicable policy definitions and exclusions.

Successfully represented an insurer in claims against several subcontractors to recover payments made under a builder's risk policy arising out of water damage in connection with a construction project of the Dormitory Authority of New York.

Such a case may start from Ukraine in terms of negotiations, then proceed judicially in Greece, security measures (ship arrest) may be taken in Romania; when it comes to enforcement of the judgement, and a Russian insurer is involved refusing to pay under LOI issued for release of the ship in Romania, you have to initiate enforcement proceedings in Russia, whereas the said vessel may have been arrested by the claimants for the second time in Bangladesh, on the same claim against the new ship owner, where the court decides that it will hear the case against the latter on the merits.

392 Despite anything in this Act, any person may insure against fire any property situated in Ontario in an exchange not licensed under this Act, and any property so insured or to be insured may be inspected and any loss incurred in respect thereof adjusted, if such insurance is effected outside Ontario and without any solicitation in Ontario directly or indirectly on the part of the insurer.

if recovery is unavailable under subparagraph i or ii, the occupant has recourse against the insurer of any other automobile involved in the incident from which the entitlement to statutory accident benefits arose,

(3) A beneficiary may enforce for the beneficiary's own benefit, and a trustee appointed under section 315 may enforce as trustee, the payment of insurance money payable to him, her or it, but the insurer may set up any defence that it could have set up against the insured or the insured's personal representative.

In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1).

(5.2) If there is more than one insurer against which a person may claim benefits under subsection (5) and the person was, at the time of the incident, an occupant of an automobile in respect of which the person is the named insured or the spouse or a dependant of the named insured, the person shall claim statutory accident benefits against the insurer of the automobile in which the person was an occupant.

(4) If, under subparagraph i or iii of paragraph 1 or subparagraph i or iii of paragraph 2 of subsection (2), a person has recourse against more than one insurer for the payment of statutory accident benefits, the person, in his or her absolute discretion, may decide the insurer from which he or she will claim the benefits.

113 Despite anything in this Act, any person may insure property situated in Ontario against fire with an unlicensed insurer, and any property insured or to be insured under this section may be inspected and any loss incurred in respect thereof adjusted, if such insurance is effected outside Ontario and without any solicitation whatsoever directly or indirectly on the part of the insurer.

Sophie advises and acts in insurance matters, including the construction of insurance policy wordings, breach of warranty claims, avoidance of policies of insurance for misrepresentation and non-disclosure and claims under the Third Parties (Rights Against Insurers) Act 1930.

Damian also undertakes other liability work for major insurers, under public liability policies, including product liability cases and claims arising out of property damage.He has considerable experience of acting in claims against Independent Financial Advisers, investment managers, accountants, actuaries and other professionals associated with the financial services sector, as well as solicitors and insurance brokers.

If it was not made against the insured during the policy period, then the insurer can disclaim coverage for that reason alone, regardless of when the insured gave notice.1 If the claim was made during the policy period but the insured gave notice after the expiration of the requisite time frame for notice under the policy, then the ability to disclaim coverage will turn on whether the notice provisions are conditions precedent or covenants.2 This principle applies regardless of whether the policy is a claims - made or a claims - made - and - reported and reported.3 If the notice provisions are covenants, then late notice constitutes a breach of the policy by the insured, triggering application of Md..

As a result the liquidators of companies which hold D&O insurance cover will usually file a liability claim against the D&O s and their Insurers while drafting their claim in a way that will fall under the D&O s insurance policy.

Moshe, through his insurer, Intact Insurance Company, argued that his policy was not available under section 277 because a claim had not been made against him directly by the plaintiffs.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents of the insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.

Further, an injured party can not claim against his or her own insurer if the person is entitled to recover money under the third - party liability of any other motor vehicle liability policy.

He had coverage under his own car insurance for cases like this where the other driver is underinsured, so he made a claim against his own insurer, Portage La Prairie Mutual Insurance Co., for the remaining amount.

She represents class members against health insurers in suits related to the denial of mental health / substance abuse treatment benefits and the improper charging of subcontractors» administrative fees under the guise that they are medical expenses.

if recovery is unavailable under subparagraph i, the non-occupant has recourse against the insurer of the automobile that struck the non-occupant, iii.

if recovery is unavailable under subparagraph i or ii, the non-occupant has recourse against the insurer of any automobile involved in the incident from which the entitlement to statutory accident benefits arose, iv.

Pension claim fall - out from the Barber decision, tax planning under challenge from a cash - starved government, commercial property fraud, possible fall - out from securitisation of residential mortgages — the terms of which may be subject to severe challenge from insurers of small firms — and mergers and acquisitions which have turned out to be bad deals, are all building up a head of steam, not only in the UK but on the continent, where claims against law firms have traditionally been almost non-existent.

Insurers are vocally opposed, even though they are prohibited outright under California law from covering punitive damage awards against their insureds.

In particular the premiums may rise based on the filings of previous claims against the policy, injury or any other factor that might increases the insurer's risk of being obligated to pay out under the insurance policy provided.

Under a comprehensive cover, the insurer provides cover against any such hazard.

(l) A party injured by an uninsured motor vehicle covered under a policy in amounts less than those set forth in G.S. 20 - 279.5, may execute a contractual covenant not to enforce against the owner, operator, or maintainer of the uninsured vehicle any judgment that exceeds the liability policy limits, as consideration for payment of any applicable policy limits by the insurer where judgment exceeds the policy limits.

[5] A related variation is the claims - made - and - reported policy, under which the policy covers only those claims that are first made against the insured and reported by the insured to the insurer during the policy period.

A per - claim limit is the maximum amount that an insurer will pay on an individual claim made under a policy, in some cases this limit may be the same as the aggregate limit (but in this case if the first claim is at or above the threshold — no further claims may be made against the insurer on the policy) or it may be set at a fraction of the value of the policy.

Under this coverage, your insurer provides you and all relatives who reside in your household with protection against economic losses arising from injuries sustained in motor vehicle accidents anywhere within the United States, its territories and possessions, or Canada.

The insolvency or bankruptcy of insured does not release the insurer from payment of liability or property damages to a third party for loss sustained under the policy, and an injured person may bring action against insurer directly if insured is insolvent.

Simply put, an insurer must be solvent in order for it to have sufficient funds to meet the obligations it faces under current and future claims that may be made against it.

Furthering the conclusions of the above investigations, a show - cause notice was issued against SBI life in April 2013, and the insurer was questioned as to why the directions under section 34 of the Act of refunding be not issued for refunding the referred amount which was paid as excess commissions to the members of the group (intermediaries).

(b) Reductions in premiums shall be available if all named drivers who are 25 years of age or older: (1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete one of the following types of driving courses: (A) A course in defensive driving of not less than six hours from a driver improvement clinic or commercial or noncommercial driving school approved by and under the jurisdiction of the Department of Driver Services; (B) An emergency vehicles operations course at the Georgia Public Safety Training Center; (C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the standards promulgated by the Department of Driver Services pursuant to subsection (f) of this Code section; or (D) A course in defensive driving of not less than six hours offered by an employer to its employees and their immediate families, which course has been approved by the Department of Driver Services.