Insurance Law and Insurance Regulation

On 14 July 2026, the UK’s Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) published Consultation Paper CP11/26 and Consultation Paper CP26/29, respectively, within which proposals, including draft rules, have been put forward for the introduction of a “tailored regime for captive insurance” in the UK (the Consultation Papers).

Life and health insurers in the U.S. should take note of a development from the National Association of Insurance Commissioners (NAIC) regarding their ability to reduce collateral requirements for ceded reinsurance under certain circumstances.

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Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

A Delaware Superior Court examined whether a D&O policy's bump-up clause barred coverage for a settlement arising from shareholder claims that merger consideration was inadequate. The court analyzed whether the settlement payment, distributed on a per-share basis to former shareholders, constituted additional merger consideration or compensation for litigation risk.

A United States federal district court has ruled that a property insured's six-week delay in reporting water damage—during which the insured demolished and repaired the affected area—constituted a breach of the policy's prompt notice condition. The decision examines whether an insurer can be held prejudiced when post-repair expert analysis remains possible, and whether an insurer's investigation of a claim constitutes waiver of late notice defenses.