Mondaq USA: Insurance
Orrick
On April 21, 2016, Insurance Europe, the European insurance and reinsurance federation, released a press releaseraising concerns over how Solvency II liabilities are currently calculated, including discount rates.
Duane Morris LLP
To understand the Court's decision in Stresscon and how the intermediate court came to the wrong conclusion, it is helpful to understand Friedland.
Reed Smith (US)
The Supreme Court of Colorado ruled that policyholders could not be indemnified for a settlement incurred before providing their insurers of notice of the claim.
Butler Snow LLP
The underlying data breach class-action suit alleged that the insured, Portal Healthcare Solutions, LLC, engaged in negligent conduct that resulted in the plaintiffs' private medical records being publicly available on the internet.
Womble Carlyle
Insurance law generally imposes on a policyholder the duty to give timely notice of claims to its insurance company.
Seyfarth Shaw LLP
Allstate Insurance Company "insured" a major victory last week in an off the clock class action pending in Los Angeles Superior Court, vindicating employers' argument that plaintiffs cannot simply intone the magical incantation of "statistical sampling" as a means of collective proof in a class action
Womble Carlyle
Companies and institutions with long-tail claims – think asbestos, pollution, and sexual molestation – sometimes become involved in bet-the-company insurance coverage litigation.
Dickstein Shapiro LLP
In our experience, a lawyer specializing in insurance coverage—even a whole group of insurance coverage lawyers—can practice for decades hearing the word "captive" thrown about by brokers or risk managers in large companies without being asked to address legal issues relating to a captive and without understanding what the heck a captive is or how it works
Anderson Kill
A decision handed down by the Fourth Circuit Court of Appeals this week highlights that traditional insurance policies still provide valuable insurance coverage for data breaches and other cyber-related losses.
Wilson Elser Moskowitz Edelman & Dicker LLP
Travelers insured Portal under two CGL policies that were in effect from January 2012 to January 2013 (2012 Policy) and January 2013 to January 2014 (2013 Policy) (collectively, Policies).
Foley & Lardner
The National Association of Insurance Commissioners (NAIC) Spring 2016 National Meeting offered insight into numerous issues being considered by state commissioners nationwide.
Wilson Elser Moskowitz Edelman & Dicker LLP
The recent ruling in the Provencal matter again demonstrates in a property damage case that waiver cannot create coverage because the underlying coverage must, in the first instance, exist if the waiver is to serve any purpose.
Anderson Kill
In Templo Fuente De Vida Corp. v. National Union Fire Insurance Co., No. 074572, 2016 N.J. LEXIS 144 (Feb. 11, 2016), the New Jersey Supreme Court confronted a claims-made directors and officers policy that required the policyholder to provide notice "as soon as practicable."
Breazeale, Sachse, & Wilson, LLP
As part of its Solvency Modernization Initiative, the National Association of Insurance Commissioners promulgated the U.S. Own Risk and Solvency Assessment regulatory framework in 2011.
WilmerHale
Plaintiffs lawyers have been challenging cost-of-insurance (COI) charges for years, with mixed results. The following outline reviews the most recent flurry of cases.
Clyde & Co
In an April 11, 2016 opinion, the Third District Court of Appeal held that a primary commercial general liability insurer had a duty to reimburse defense costs for covered lawsuits...
Reed Smith (US)
A federal U.S. Court of Appeals has confirmed that comprehensive general liability (CGL) and other traditional policies may yet be a source of liability insurance coverage for cyberliabilities.
Smith Gambrell & Russell LLP
The Georgia Supreme Court issued a decision in a case which involved a declaratory judgment action by an insurer that it had no duty to defend or provide coverage to a landlord against a tenant's lawsuit...
Fox Rothschild LLP
Barry J. Muller is featured in the Law360 article, "Utica Mutual Must Defend Broker In Suit, NJ Court Says."
Reed Smith (US)
CMS has launched a new "Comprehensive Primary Care Plus" (CPC+) model to improve how primary care is delivered and reimbursed.
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Foley & Lardner
After several hard-fought years of unsuccessful attempts, the Florida Legislature on Friday passed a new bill designed to set the stage for telehealth commercial insurance coverage in the Sunshine State.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Since the summer of 2015, a great deal of attention has focused on whether the proposed Anthem/Cigna and Aetna/Humana mergers will be approved by federal and state antitrust regulators.
Lewis Brisbois Bisgaard & Smith LLP
Seahawk Drilling, Inc. owned a jack-up drilling rig – the J/U SEAHAWK 3000 - which had been in service since 1974.
Lewis Brisbois Bisgaard & Smith LLP
A vehicle strikes a number of unsuspecting pedestrians on a crowded sidewalk in Las Vegas. The pedestrians sue the vehicle's driver under negligence and intentional tort theories.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On Monday, Alden Bianchi posted a detailed analysis of the Supreme Court's recent decision Gobeille v. Liberty Mutual Insurance Company on Mintz's Employment Matters blog.
Dentons (US)
This week, the California Department of Insurance announced the formal adoption of network adequacy regulations that Commissioner Dave Jones first issued and implemented, on an emergency basis, in January 2015.
Fox Rothschild LLP
On March 21, 2016, the Office of Civil Rights ("OCR") announced it will launch a second round of HIPAA audits during 2016.
Holland & Knight
The Affordable Care Act (ACA) imposes new reporting requirements on applicable large employers, generally those employers with 50 or more full-time or full-time equivalent employees.
Masuda, Funai, Eifert & Mitchell, Ltd
On February 9, 2016, the U.S. District Court for the Southern District denied Dave & Busters, Inc.'s motion to dismiss a class action lawsuit brought by a former employee of the D&B store located in Times Square, New York.
Jones Day
There is a saying making its way through the insurance marketplace that there are two types of companies—those that already have purchased a cyber liability policy, and those that will soon wish they had.
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