Searching Content indexed under Insurance Laws and Products 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
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
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
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
Court Favors Candidate's Experience In Selecting Umpire For Insurance Arbitration
The court was petitioned to appoint an umpire when the arbitrators appointed by the litigants – an insurer and certain insureds – failed to do so.
United States
29 Aug 2017
Financial Elder Abuse Litigation Against Insurers
As the U.S. population ages, financial elder abuse litigation is proliferating. These claims no longer affect only nursing homes, heirs, or caregivers. Potential exposure has become a reality for any business that transacts with "elders," including banks, investment funds and advisors, and insurance companies.
United States
12 Aug 2017
New York Appellate Court Sides Against The Second Circuit And Holds Class Action Waivers Violate The NLRA
In holding that class waivers violated the NLRA, the court aligned itself with the Seventh and Ninth Federal Circuits and disagreed with the Second, Fifth, and Eighth Circuits.
United States
7 Aug 2017
Court Compels Arbitration Of Non-Signatory Party Seeking To Recoup Damages Flowing From Contract Containing Arbitration Clause
A federal district court has required Scottsdale Insurance Company to arbitrate a claim against Kinsale Insurance Company based on an arbitration clause in a contract between Kinsale...
United States
1 Aug 2017
Court Finds California Insurance Code Section 11658.5 Reverse-Preempts Section 4 Of The FAA
With regard to claims related to the Post-July 2012 policies, the Court denied National Union's motion to compel arbitration.
United States
25 Jul 2017
Court Declines To Quash Subpoena Issued To South Carolina Department Of Insurance In Companion Property Case
We previously reported on this case on January 5, 2016, June 28, 2016, July 20, 2016, and December 14, 2016.
United States
4 Jul 2017
Update On Liquidation Of The Home Insurance Company (May 2017)
The New Hampshire liquidation court approved the commutation, settlement, and release agreement between The Home Insurance Company (liquidating) and OIC Run-Off Limited (formerly known as The Orion Insurance Company) (OIC) and The London Overseas Insurance Company Limited (formerly known as The London and Overseas Insurance Company Plc) (L&O).
United States
17 May 2017
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