Mondaq USA: Insurance
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The Ninth Circuit, in an unpublished opinion, has found that a contract, and therefore an arbitration clause within it, was unenforceable due to fraud in the inception, despite the fact that both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.
Carlton Fields
The appeal arose from a consolidated case, originally three separate class actions, resulting from the alleged underfunding of Singing River Health System's pension plan and KPMG's alleged failure to detect that underfunding due to allegedly faulty auditing.
Carlton Fields
Nearly two years ago, a California appellate court invalidated a rule promulgated by the state's Insurance Commissioner, on the ground that the regulator lacks authority to prohibit "deceptive acts or practices"...
Carlton Fields
On January 26 – in its first-issued circular letter of the year – the New York DFS reminded life insurers doing business in the state that they can only contest claims following the death of insureds...
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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.
Carlton Fields
In Minnesota, the Commissioner of the Department of Commerce regulates the insurance industry, and he has a statutory right to conduct investigations "related to the duties and responsibilities entrusted to" him.
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 . . .
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.
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").
Fox Rothschild LLP
In the recent decision of Miller v. Zurich American Ins. Co. the Delaware Bankruptcy Court addressed the affirmative defense of recoupment asserted by an insurer in defense of an adversary proceeding...
Anderson Kill
While the Southeast United States escaped the worst of feared damage from Hurricane Matthew, the storm did take more than 40 lives in the U.S. and cause extensive power outages, flooded roads and dams, and damage to buildings from Florida to Virginia.
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