Searching Content indexed under Insurance by Gail Jankowski ordered by Published Date Descending.
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Another Sentinel Strike: California District Court Dismisses Financial Elder Abuse And Fraud Claims
The Hartford affiliate Sentinel Insurance Company continued its successful campaign to limit dubious claims by securing another favorable decision
United States
9 Nov 2018
Court Finds New York Convention Applies To Arbitration Agreement In Insurance Policy That Would Otherwise Be Invalid Under State Law
Lloyd's issued an insurance policy with an arbitration provision, covering direct physical loss or physical damage caused by windstorm and/or hail.
United States
26 Oct 2018
Years-Long Asbestos Reinsurance Battle Continues For Utica And Century, Including Whether Century Must Follow The Fortunes Of Utica's Allocation Of Losses
In 2013, Utica Mutual Insurance Company filed a complaint alleging that Century Indemnity Company (1) breached two reinsurance certificates executed between the parties covering the years 1973 and 1975...
United States
24 Oct 2018
Rhode Island Makes Technical Changes To Its Credit For Reinsurance Regulation
Rhode Island adopted the NAIC Credit for Reinsurance Model Regulation in 2014.
United States
8 Oct 2018
Eighth Circuit Upholds Confirmation Of Arbitration Award Directing Payment Of Attorney's Fees And Expenses Unrestricted By Contractual Limit On Liability
In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, "ProEnergy") ...
United States
24 Sep 2018
Court Construes Reinsurance Participation Agreement, Rejects Venue Objection, and Confirms Arbitration Award
O'Connell Landscape Maintenance, Inc. (O'Connell) and Applied Underwriters Captive Risk Assurance Co. (AUCRA) entered into a reinsurance participation agreement (RPA).
United States
22 Aug 2018
Court Enforces Forum Selection And Choice Of Law Clauses In Worker's Compensation Reinsurance Participation Agreement
Plaintiff AGL Industries, Inc. (AGL), a steel fabrication and erection business, enrolled in a workers' compensation insurance policy with Defendant Continental Indemnity Company and a reinsurance participation agreement (RPA) with Defendant Applied Underwriters Captive Risk Assurance Company, Inc. After Continental canceled the workers' compensation insurance policy, ...
United States
22 Aug 2018
In Deepwater Horizon Arbitration, UK Appellate Court Declines To Remove Arbitrator With Multiple Related Appointments
The underlying case concerned the 2010 explosion and fire on the Deepwater Horizon oil rig in the Gulf of Mexico, when a well which was in the process of being plugged and temporarily abandoned, experienced a blow out.
United States
26 Jul 2018
Recalls Of Loaned Securities By Insurance Dedicated Funds
In March, the SEC sanctioned the investment advisers of two funds supporting variable insurance contracts for inadequate disclosure about the funds' recalls of loaned portfolio securities...
United States
9 Jul 2018
Georgia Joins Growing List Of States That Allow For Domestic Surplus Lines Insurers
Earlier this month, Georgia enacted SB 381, which provides that a non-admitted insurer domiciled in Georgia is deemed a domestic surplus lines insurer ...
United States
1 Jun 2018
Ninth Circuit Upholds Denial Of Judgment Creditor's Request For Rescission Of Quota-Share Reinsurance Agreement
Defendant National Farm Financial Corp. agreed to sell Business Alliance Insurance Co. (BAIC) to PSM Holding Corp. After National Farm walked away from the deal...
United States
30 May 2018
Kansas Enacts Captive Insurance Act
On April 12, 2018, Kansas Governor Jeff Colyer signed into law SB 410– a bill establishing the Captive Insurance Act, which creates two new types of captives – branch and special purpose...
United States
11 May 2018
Court Vacates Arbitration Award In Crop Insurance Dispute That Awarded Remedies Preempted By Federal Law
The plaintiff, a farming company, demanded arbitration against Diversified Crop Insurance Services over the nonpayment of federally reinsured claims.
United States
23 Apr 2018
CAFA's Local Controversy Exception Requires Class Claims Against Local Defendant
As we previously reported, in September 2017, a federal district court in Louisiana dismissed with prejudice as time-barred putative class action RICO ...
United States
6 Apr 2018
Ninth Circuit Reaffirms That Washington State's Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA
This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity.
United States
7 Mar 2018
Following Cunningham, Pennsylvania District Court Finds Captive Reinsurance Putative Class Action Claims Are Time-Barred
Plaintiffs in both suits alleged that this scheme (between the mortgagee and the PMI insurer) violated RESPA's anti-kickback and anti-fee splitting provisions between the mortgagee and the PMI insurer.
United States
14 Feb 2018
Missouri Court Finds Insurance Contract's Arbitration Clause Unenforceable As Against Public Policy
AEGIS moved to stay the litigation and compel arbitration on the grounds that its policy contained a mandatory arbitration clause.
United States
25 Jan 2018
Less Than Two Weeks Before Trial, District Court Judge In Utica V. Fireman's Fund Rules On Motions In Limine
However, the court granted, among other requests, FFIC's motion to preclude Utica from introducing judicial decisions or settlements involving other insurer's challenges to Utica's aggregate limit position.
United States
11 Dec 2017
Court Affirms Dismissal Of Claim For Commissions For Placement Of Puerto Rican Public Liability Insurance
Plaintiffs Berkley Risk Solutions LLC, an insurance and reinsurance management services provider, and Admiral Insurance Co., an excess and surplus lines insurer, sued Industrial Re-International Inc., a New York reinsurance intermediary, and its founder, concerning certain commissions for public liability insurance placed with municipalities in Puerto Rico through American Foreign Underwriters Corp. (AFU), a licensed general agency.
United States
23 Nov 2017
Eleventh Circuit Affirms Summary Judgment Or Insurer In STOLI Case
The case involved a $5 million life insurance policy issued in 2006 on a woman in her mid-seventies.
United States
16 Oct 2017
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