This amendment passed by a one vote margin, 7-6, with the Working Group Chair breaking an initial tie.
On January 13, 2017, the Florida Department of Revenue issued a Technical Assistance Advisement regarding whether a reinsurer had nexus with the state of Florida...
Proskauer Rose LLP
Employment Practices Liability Insurance (EPLI) policies typically provide coverage for both the company and its employees for certain defined "wrongful employment acts," such as discrimination, illegal harassment, retaliation and wrongful termination.
Petitioner Daniel Olson brought an action in federal court seeking vacatur of an award against him in arbitration of an employment dispute.
When is a person an "employee" under one insurance policy but not an employee under another?
Typical directors and officers ("D&O") liability policies exclude from coverage claims brought by one of the company's directors or officers against another, or between the company...
The increasing popularity of Bilateral Investment Treaties (BIT's), in the late 1990's-early 2000's, was heralded as a major step forwards for the protection of international trade.
The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative ("KYHC")...
Arnold & Porter Kaye Scholer LLP
Last month, the Second Circuit summarily reversed a district court's ruling that an insurer must pay for legal defense costs far in excess of the insured's liability coverage.
Gray Reed & McGraw LLP
Timely reporting would, perhaps, have established an exception to the exclusion.
Terra Finance LLC brought an action to compel arbitration. Defendant Acrow Corporation moved to dismiss the action, arguing that the arbitration clause was unconscionable, and therefore unenforceable
Kramer Levin Naftalis & Frankel LLP
A congressional hearing held on February 16 exposed concerns in connection with the Covered Agreement around process, federalism and the direction of U.S. insurance regulation.
A court has confirmed an arbitration award of more than $8 million in damages, attorneys' fees and costs against Sirona Dental Systems, Inc. and Arges Imaging Inc....
On January 27, 2017, the Ninth Circuit affirmed a California district court's rulings and jury findings that an insurer breached its duty to defend, recognizing that under California law...
Stites & Harbison PLLC
Last month, in State Farm Mutual Automobile Insurance Co. v. Norcold, Inc., the Sixth Circuit predicted that the Kentucky Supreme Court would decline to extend the "economic loss rule" to consumer transactions.
In Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. The Roman Catholic Diocese of Brooklyn, No. 653575/2014, 2017 WL 748834 (N.Y. Sup. Ct., N.Y. Cty. February 27, 2017), a New York trial court held that the Diocese must pay multiple self-insured retentions per year — one per occurrence — in a coverage dispute involving claims that foster care agencies affiliated with the Diocese negligently placed ten children with an abusive foster mother over a twenty-two year period.
In December 2016, it came to light that the Chicago-based law firm of Johnson & Bell had been sued in a purported class action lawsuit brought in the United States District Court for the Northern District of Illinois.
In a summary order, the United States Court of Appeals for the Second Circuit has affirmed the dismissal of two "shadow insurance" putative class action lawsuits against Axa Equitable Life Insurance...
Troutman Sanders LLP
Troutman Sanders is pleased to announce the release of 2016 A Year In Review.
The case involves a dispute over Utica Mutual Insurance Company's claims for reinsurance proceeds from Munich Re.