Jason P. Minkin and Jonathan A. Cipriani have published an article in Superyacht News entitled The Duty of Procuring a Superyacht’s Insurance Policy.  The article discusses a recent court decision analyzing when a marine insurance broker owes heightened duties to a client in procuring insurance.

The U.S. Customs and Border Protection (“CBP”) proposed plans to tighten the Jones Act shipping rules by preventing foreign vessels from carrying equipment used in offshore operations.  However, on May 10, 2017, CBP announced it was formally withdrawing the proposed plans, which was well received by many in the intra-coastal shipping industry who would have been impacted by the new rules.

The article discusses how arbitration and service of suit clauses co-exist in harmony in the same agreement, as the arbitration clause provides a choice of forum for resolving disputes under the contract, whereas the service of suit clause requires a party to consent to the jurisdiction to enforce an arbitration award.

Jason P. Minkin and Jonathan A. Cipriani have published an article in Marine Insight discussing proposed legislation that, among other things, would allow non-dependent family members of passengers who perish at sea to sue to recover damages that were not previously available to them, such as damages for loss of care, comfort, and companionship.

Jason P. Minkin and Jonathan A. Cipriani have published an article in the Maritime Law Association Newsletter entitled Examinations Under Oath Need Not Comply with Federal Rules of Civil Procedure.  The article discusses a recent decision by a federal magistrate judge in Puerto Rico confirming that examinations under oath are not constrained by the formal rules governing...

BatesCarey LLP partner Adam Fleischer recently conducted a three-hour CE training seminar titled “Evaluating Additional Insured Coverage and Contractual Indemnity Issues.”  The seminar was sponsored by The CLM (Claims and Litigation Management Alliance), and walked attendees through: 1) the different types of AI and CI provisions in underlying contracts; 2) the legal...

Jason P. Minkin and Jonathan A. Cipriani have published an article in Klewer Arbitration Blog, entitled, U.S. Federal Courts' Broad Jurisdiction Under the New York Convention.  The article discusses the New York Convention in 1958 and its foundation of the international arbitration system, and the broad jurisdiction granted to federal courts in the United States under the New York...

Ommid C. Farashahi will be speaking at a panel discussion at the 13th Annual D&O Insurance ExecuSummit in Uncasville, Connecticut on May 16th and 17th, 2017.   The ExecuSummit is an educational event specifically designed for Directors and Officers Liability Insurance professional.  The summit provides a unique opportunity to obtain information needed in this rapidly changing...

BatesCarey LLP successfully defended an insurer when an Illinois appellate court ruled in favor of the insurer in interpreting exhaustion provisions in excess D&O policies.  The court held that an underlying insurer’s “pledge” of its remaining policy limit did not constitute proper exhaustion, where the excess policies required exhaustion “solely as a result of...

The U.S. District Court for the Northern District of Illinois has ruled in favor of a BatesCarey LLP client in a coverage dispute, holding that a mold exclusion in a general liability coverage part of a package policy unambiguously excluded coverage for bodily injuries allegedly sustained by tenants who leased an apartment from the insured. The coverage action arose from a dispute...