Mondaq USA: Insurance
Mayer Brown
As reported in our July 2013 bulletin, on July 18, 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.
Rumberger, Kirk & Caldwell, P.A.
In State Farm Mutual Auto. Ins. Co. v. Curran, 2014 WL 1010658, decided March 13, 2014, the Florida Supreme Court upheld Ms. Curran’s recovery of uninsured motorist (UM) benefits despite an uncontested finding that she had breached the automobile insurance policy.
Rumberger, Kirk & Caldwell, P.A.
In Christensen v. Bowen, decided April 10, 2014, the Florida Supreme Court imposed vicarious liability on a joint titled owner of a vehicle even though that owner had not possessed, used, or actually exerted control over the vehicle.
Duane Morris LLP
On January 24, 2014, the Pennsylvania Supreme Court agreed to hear an appeal from the Pennsylvania Superior Court’s Order in Babcock & Wilcox Co. v. American Nuclear Insurers, 2013 Pa. Super. LEXIS 1640 (Pa. Super. Jul. 10, 2013).
Anderson Kill
Recent changes in national case law suggest that a major shift is under way for CGL coverage of property damage to an insured contractor’s own work. Contractors of all tiers, property and project owners and developers, risk managers, and concerned others should watch this development closely.
Anderson Kill
Product recall insurance policies, like a lot of insurance products through the years, have seen their ups and downs.
Jones Day
A self-insured retention typically refers to a dollar amount stated in a liability policy that must be satisfied before the insurer will respond.
McDermott Will & Emery
What are the consequences of a liability insurer’s breach of the duty to defend its insured against a potentially covered claim?
Responding to a subpoena can be an expensive proposition.
Anderson Kill
Pennsylvania policyholders can more confidently challenge insurance companies' denials of faulty workmanship claims following the Pennsylvania Superior Court's recent opinion in Indalex Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2013 Pa. Super 311 (Dec. 3, 2013).
Duane Morris LLP
The use by life insurance companies of captive reinsurance companies to finance XXX and AXXX reserves has been a significant and contentious issue in recent years
This afternoon (March 21, 2014), the California Department of Insurance (CDI) held a hearing, hosting rideshare programs (namely Uber, Lyft, Sidecar and Wingz) -- regulated in California as Transportation Network Companies (TNCs) -- and insurance industry representatives (from the Association of California Insurance Companies, Personal Insurance Federation of California, and the American Insurance Association).
Drinker Biddle & Reath LLP
Lincoln Financial Group believes that plan sponsors considering a guaranteed withdrawal benefit solution should have a full understanding of the product.
Mayer Brown
This is a friendly reminder that the deadline for filing enterprise risk reports is fast approaching in states that require them.
Herrick, Feinstein LLP
It is extremely rare that the New York Court of Appeals grants a motion to reargue, and even rarer that it reverses its decision upon such a motion.
Dickstein Shapiro LLP
More information has come to light about the data breach affecting Target, and it highlights the importance of "additional insured" coverage, as well as the need for companies to recognize that sophisticated cyberattacks can affect any company, not just those in the computer or technology industries.
McDermott Will & Emery
On December 6, 2013, in Rochow v. Life Insurance Company of North America, 737 F.3d 415, the Sixth Circuit affirmed a district court ruling that an insurance company that improperly denied ERISA disability benefits must not only pay the benefits sought, but also disgorge its profits earned on those benefits.
Morgan Lewis
If adopted, a proposed Accounting Standards Update from the FASB relating to accounting for insurance contracts would apply to many companies that are not insurance companies because of a broad proposed definition of an "insurance contract."
Neal, Gerber & Eisenberg LLP
This is the second column in a three-part series, aimed at helping manufacturing companies avoid litigation.
Duane Morris LLP
In a notable decision, the New York State Court of Appeals reversed itself in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co. and reaffirmed its earlier ruling in Servidone Construction Corp. v. Security Insurance Company of Hartford.
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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.
Littler Mendelson
Despite the many Affordable Care Act implementation delays, rules governing the healthcare law’s various provisions have not stopped coming.
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.
Littler Mendelson
On January 10, 2014, the Internal Revenue Service released final regulations governing the employer shared responsibility provisions of the Affordable Care Act.
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.
Reed Smith
The CMS has released its 2015 rate announcement and final call letter for Medicare Advantage and Part D prescription drug plans.
Anderson Kill
Recent changes in national case law suggest that a major shift is under way for CGL coverage of property damage to an insured contractor’s own work. Contractors of all tiers, property and project owners and developers, risk managers, and concerned others should watch this development closely.
Kilpatrick Townsend & Stockton LLP
The time and cost of complying with any additional reporting requirement is never good news.
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