Mondaq USA: Insurance
Carlton Fields
Foreclosure: where foreclosing bank, who purchased debt from original mortgagee, failed to establish standing to enforce lost note "through evidence of a valid assignment, proof of purchase of the debt...
Jones Day
The assignment of insurance policy rights is an essential feature of many corporate asset transfers and restructurings.
Reed Smith
The interpretation and application of a pollution exclusion in a commercial general liability ("CGL") policy is often a fact-specific and jurisdiction-specific exercise.
Carlton Fields
After Starr declined coverage, Heinz brought suit against Starr, alleging breach of contract and bad faith for Starr's denial of coverage for losses Heinz suffered as a result of a recall of...
Carlton Fields
A Colorado federal court recently denied DISH Network ("DISH")'s petition to vacate an arbitration award that decided an arbitration agreement with former employee Ray permitted collective or class certification.
Carlton Fields
A court has denied a motion to reconsider its decision denying a reinsurer's (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents...
Carlton Fields
The mission statement also makes clear that both "potential concerns and benefits for consumers" will be explored.
Duane Morris LLP
Es soll ein Projekt mit dem Namen "ComFrame" geben, das von der international tätigen Versicherungsgruppe (IAIG – verbunden mit IAIS) geplant wird und rechtlich verbindliche Rahmenbedingungen einführen soll.
Holland & Knight
March 1, 2017, is the scheduled implementation date applicable for all insurance companies for the mandatory posting of variation margin to their swap dealer counterparties under U.S. margin rules.
Sedgwick LLP
New York's highest court delivered one of the most notable opinions in years when it put a dent in the pro-rata regime for allocation of loss that occurs over multiple policy periods.
Carlton Fields
Parametric or index-based insurance programs peg claims to specific characteristics of natural disasters rather than the usual insurance arrangement basing payouts on actual losses sustained.
Carlton Fields
The Ninth Circuit, in an unpublished opinion, has found that a contract, and therefore an arbitration clause within it, was unenforceable due to fraud in the inception, despite the fact that both parties had ample opportunity to review the contract in its entirety.
Archer & Greiner P.C.
Insurance policies require timely notice of a loss or claim. In occurrence-based policies, that notice should be "prompt" or "as soon as possible" (or "practicable").
Carlton Fields
It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff's bad faith claim was insufficient as a matter of law.
Carlton Fields
A New Hampshire court has approved the commutation, settlement, and release agreement between The Home Insurance Company (in Liquidation) and Providence Washington Insurance Company (PWIC)...
Anderson Kill
In last month's Fine Print column, "Navigating Workers Compensation Insurance Program Disputes," we discussed the disturbing trend of insurance companies seeking to recover retrospective premiums under old workers compensation programs.
Carlton Fields
Plaintiffs, members of the Harman family, sold their family farm and sought investment advice from defendant Wilson-Davis.
Brown Smith Wallace
Few in the business world are familiar with the risk management benefits that can be obtained through the utilization of a captive insurance company.
Akin Gump Strauss Hauer & Feld LLP
The Washington Insurance Commissioner recently found that Washington's anti-rebating and inducement laws prohibit California-based insurance producer Zenefits from offering valuable software functions or other valuable benefits for free.
Carlton Fields
The appellant (Guarantee Trust) had forwarded reinsurance premiums to the reinsurer to be held in a custodial account for the payment of claims.
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Sedgwick LLP
New York's highest court delivered one of the most notable opinions in years when it put a dent in the pro-rata regime for allocation of loss that occurs over multiple policy periods.
Anderson Kill
Imagine you are in-house counsel at a company that is about to sign one of the largest transactions of the year, or maybe even of the past few years.
Anderson Kill
The New Jersey Supreme Court has affirmed the Appellate Division's pro-policyholder decision in Cypress Point, confirming broad coverage for construction defects.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Every cyber policy is at least a little different and requires individualized review.
Cadwalader, Wickersham & Taft LLP
On January 20, 2017, Donald J. Trump became the 45th President of the United States. Consistent with his campaign promises to act swiftly to "repeal and replace" the Patient Protection and Affordable Care Act . . .
Dentons
On January 13, 2017, the US Treasury reported to Congress that Treasury and the US Trade Representative (USTR) had successfully concluded negotiations...
Anderson Kill
We buy liability insurance policies to protect against claims, and the aver¬age policyholder expects that their insurance company and the defense counsel they pay for are united in interest to protect the policyholder from loss.
Reed Smith
American International Group, Inc. ("AIG") recently announced that it entered into a significant reinsurance agreement with a subsidiary of Berkshire Hathaway Inc. ("Berkshire").
Reed Smith
American International Group, Inc. ("AIG") recently announced that it entered into a significant reinsurance agreement with a subsidiary of Berkshire Hathaway Inc. ("Berkshire").
Ogletree, Deakins, Nash, Smoak & Stewart
The "additional insured" provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can...
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