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Insurance Law Alert, April 2010

04.05.10
Attached please find this month’s edition of the Simpson Thacher Insurance Law Alert. This month’s Alert highlights an interesting mix of recent court decisions, including Louisiana and Virginia decisions addressing coverage for Chinese drywall claims; a Southern District of Texas ruling on when an insurer may file an interlocutory appeal of a duty to defend decision; New York and Connecticut federal court rulings on the disqualification of party-appointed arbitrators; and decisions from the Sixth and Eighth Circuits addressing the cooperation clause. We also review a New York appellate court ruling on an insurer’s duty to indemnify Enron-related losses, a Mississippi Supreme Court decision holding that a subcontractor’s faulty construction may constitute an “occurrence,” and a California appellate ruling on the threshold requirements for a contribution claim. On the class action front, we discuss a Washington appellate court decision reinstating a diminished value class action against an automobile insurer. Finally, we address a recent Court of International Trade decision dismissing certain claims against sureties. We hope you will continue to turn to the Alert for the latest developments in insurance and reinsurance law.