Mondaq USA: Insurance
Mayer Brown
As reported in our prior bulletins, on 18 July 2013 the International Association of Insurance Supervisors published a methodology for identifying global systemically important insurers together with a set of policy measures that will apply to such insurers.
Shearman & Sterling LLP
The European Parliament published the provisional edition of a legislative resolution to adopt the Commission’s proposed Omnibus II Directive.
GuernseyFinance
The choice of domicile for ILS transactions was among the hot topics discussed by leading industry players at a Guernsey Finance-hosted thought leadership event in the reinsurance centre of Zurich on Wednesday 2 July.
Jones Day
In the world of insurance, words frequently have a defined or accepted meaning that is different from the popular or intuitive understanding of the term.
McGuireWoods LLP
Policyholders might expect that their directors’ and officers’ liability insurance policies would insure against U.S. Immigration and Customs Enforcement actions.
Drinker Biddle & Reath LLP
The Sixth Circuit recently addressed the question of whether an excess insurer must provide a defense when the primary insurer fails to do so.
Proskauer Rose LLP
Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims.
Reed Smith
On July 17, 2014, Liberty Mutual Insurance Company announced that it had entered into a multi-billion-dollar "retroactive reinsurance" arrangement with National Indemnity Company ("NICO"), a subsidiary of Berkshire Hathaway, Inc., with respect to asbestos, environmental, and other "long tail" exposures under all insurance and reinsurance in effect prior to January 1, 2005.
Orrick
In early April, news broke of an encryption flaw named "Heartbleed" that exposed companies to data breaches for over two and one half years.
Rumberger, Kirk & Caldwell, P.A.
In Spaid v. Integon Indemnity Corp., Case No. 1D13-2343, the court imposed unlimited exposure on an insurer to pay personal injury protection benefits.
Proskauer Rose LLP
Life insurance plan beneficiaries were entitled to equitable surcharge where the plan administrator failed to inform the decedent about the need to convert to an individual policy.
Arent Fox LLP
New York’s highest court recently reversed summary judgment in a property damage and business interruption case.
Duane Morris LLP
A California Court of Appeal held that a non-contracted health plan's obligation to reimburse a hospital for services rendered to plan members must be based on the actual value of the services.
Proskauer Rose LLP
A district court awarded relief in the form of surcharge to a life insurance plan beneficiary who claimed that a plan administrator failed to provide complete and accurate information.
Jones Day
A minority of states have have limited "suit" to a complaint filed against the insured in court or certain types of administrative proceedings.
Duane Morris LLP
Congratulations to partner Terrance Evans, of the San Francisco office, on his appointment as Vice Chair of the ABA National Insurance Coverage Conference.
Proskauer Rose LLP
Steven Gilford and John Failla recently authored an article for "National Underwriter".
Anderson Kill
If the tail-end of 2013 wasn’t rocky enough for data security, 2014 thus far has offered no reprieve—ominous and regular reports of massive data breaches affecting all industries and all types of information holders fill the news.
Bradley Arant Boult Cummings LLP
An ERISA plan’s contractual limitations period can be enforced, so long as the claimant has a reasonable time after exhausting the administrative remedies to file suit.
Orrick
On April 9, 2014, the United States District Court for the District of Delaware issued a decision allowing an investor to proceed with a claim seeking, among other things, a declaratory judgment concerning the validity of dozens of life insurance policies, even though no death benefit claim had been submitted on any of the policies.
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Littler Mendelson
On January 10, 2014, the Internal Revenue Service released final regulations governing the employer shared responsibility provisions of the Affordable Care Act.
BakerHostetler
Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and professional liability as it relates to confidentiality.
Jones Day
The Affordable Care Act ("ACA") infuses new complexities into collective bargaining negotiations over health insurance benefits.
McGuireWoods LLP
No business is safe from privacy breaches and cyber attacks, and hackers grow more sophisticated each day.
McDermott Will & Emery
Recently issued final regulations on the employer reporting requirements under the Affordable Care Act clarify and streamline the process for reporting information relating to the provision of minimum essential coverage and health insurance coverage offered under employer-sponsored plans.
Pepper Hamilton LLP
The mortgagee filed a third-party complaint against its title agent, local counsel and underwriter asserting claims for breach of contracts and negligence.
Venable LLP
One of your employees cannot enroll in your health insurance plan because you classify him as "part-time" (one who works less than 30 hours a week).
Dickinson Wright PLLC
The advent of federally subsidized private pay health insurance under the ACA has the potential to expand the application of the federal anti-kickback statute.
Reed Smith
CMS issued an advance copy of the CY 2015 Medicare Physician Fee Schedule (PFS) proposed rule.
Mayer Brown
On January 17, 2013, the Internal Revenue Service (IRS) released 544 pages of final regulations implementing the provisions of the Foreign Account Tax Compliance Act.
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