John Pitblado

John Pitblado

Carlton Fields Jorden Burt

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NAIC Executive Committee Adopts Framework For Changes To Captive Reserve Requirements

NAIC’s Executive Committee met at NAIC’s annual meeting in Louisville, Kentucky on August 16 and 17, 2014. The Executive Committee furthered its action on reserve requirements for captive reinsurers and adopted the “XXX/AXXX...more

9/2/2014 - NAIC Reinsurance Reserve

The Meth Business is Dangerous; (En)trust No One

For a landlord, it’s a bad day when your tenant gets busted for operating a meth lab, and the local authorities condemn your house because it’s contaminated with the byproducts of his business. It’s even worse when you learn...more

8/20/2014 - Hazardous Substances Illegal Drugs Methamphetamine

Eleventh Circuit Reverses Coverage Ruling Under Reinsurance Agreement

Public Risk Management of Florida, an intergovernmental risk management association that functions as a primary insurer for certain government entities in Florida, ceded some of its risk to One Beacon under a reinsurance...more

8/13/2014 - Insurers Intergovernmental Agreements Reinsurance Risk Management

Court Grants Summary Judgment In $40m Reinsurance Commission Dispute

Greenlight Reinsurance brought suit against Appalachian Underwriters (“AUI”), Appalachian Reinsurance (“App Re”) and Insurance Services Group (“ISG”) alleging it had been shortchanged more than $40,000,000 pursuant to three...more

8/12/2014 - Contract Disputes Insurers Reinsurance Summary Judgment

Defendants Granted Limitations-Based Summary Judgment In Captive Reinsurance Class Action

A putative class of mortgage consumers sued Flagstar Bank and its captive reinsurer alleging that they engaged in an illegal “kickback” scheme with private mortgage insurers, which scheme artificially inflated the price of...more

7/24/2014 - Captive Insurance Company Mortgages Reinsurance RESPA Summary Judgment

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face...more

7/22/2014 - Compliance Enforcement Enforcement Actions PBGC Private Equity Property Insurance SEC Title Insurance

U.K. Court Dismisses Retrocessionaire’s Defense In “Follow The Settlements” Dispute

A British retrocessionaire sued its retroceding reinsurer in a coverage dispute regarding the “follow the settlements” doctrine. The primary insurer at issue, ACE INA Overseas Insurance Company, insured Tesco, which operated...more

7/21/2014 - INA Reinsurance Retrocessional Claims UK

Appellate Court Rejects “Explosive Corpse” Theory

So many perils beset Florida condominium owners— hurricanes, mold, floods—that they can be forgiven for overlooking the possibility that the undiscovered body of a deceased neighbor might pose a hazard to adjacent residents....more

7/14/2014 - Condominium Associations Condominiums Property Damage

First Circuit Finds for Life Insurer in ERISA Class Action Challenging Retained Asset Accounts to Pay Life Insurance Benefits

In a unanimous panel decision, the U.S. Court of Appeals for the First Circuit reversed a trial court’s ruling that the defendant, Unum Life Insurance Company of America (Unum), had breached fiduciary duties under the...more

7/10/2014 - Appeals Breach of Duty ERISA Insurers Life Insurance Retained Asset Accounts Unum Life Insurance Company

Ohio Joins Captive Insurance Market

Governor John Kasich signed Ohio House Bill 117 into law on June 17, 2014, becoming the 31st state to join the captive market. The legislation allows Ohio-domiciled companies to form their own “captive” insurance companies,...more

7/7/2014 - Captive Insurance Company

Eleventh Circuit Enforces Class Arbitration Waiver

The Eleventh Circuit affirmed a ruling compelling arbitration of an employment dispute. Plaintiff employees brought a putative collective action suit against the defendant, a windshield repair company, pursuant to the Fair...more

7/3/2014 - Arbitration Class Action Arbitration Waivers FLSA Putative Class Actions Wage and Hour

Tennessee Withdraws From Slimpact

Tennessee’s governor signed into law a repeal of that state’s previously-passed enabling legislation, which allowed it to join the Surplus Lines Insurance Multi-State Compliance Compact (“SLIMPACT”). SLIMPACT was one of the...more

5/21/2014 - Compliance Insurers SLIMPACT Surplus Lines Insurance

Is SLIMPACT Losing Steam? Tennessee Switches To NIMA

As part of the passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) in July, 2010, Congress incorporated the Nonadmitted Insurance and Reinsurance Reform Act (“NRRA”), which provides that...more

5/19/2014 - Dodd-Frank Insurers NAIC NRRA Premiums Reinsurance

NY DFS Amends Insurance Regulation 41 To Conform With NRRA

The NY DFS announced an amendment to its regulations governing excess line placements to conform with the Nonadmitted and Reinsurance Reform Act of 2010 (“NRRA”), which prohibits any State, other than the insured’s home...more

4/30/2014 - New Amendments Nonadmitted Insurance

Class Arbitration Round-Up

There have been a number of recent court opinions enforcing class arbitration waivers, compelling individual arbitration and denying class arbitration, with the lone exception being a California Court of Appeal opinion which,...more

4/28/2014 - Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Enforcement Actions

Individualized Inquiries Defeat Class Certification In UM/UIM Case—Again

Since around 2003, several class action lawsuits have been brought in Colorado against insurers alleging that it was misleading and deceptive to offer for purchase uninsured/underinsured motorist (UM/UIM) coverage on...more

4/25/2014 - Class Action Class Certification State Farm Uninsured and Under-Insured Motorists USAA

Court Allows Third Party Discovery Of Broker Materials Claimed To Be Privileged

Defendant liability insurers sought discovery from Third Party Aon relating to a dispute between defendants and plaintiff regarding an umbrella coverage program. Aon provided some, but not all responsive documents, citing...more

4/10/2014 - Attorney-Client Privilege Document Productions Reinsurance Work Product Privilege

Court Awards Damages And Prejudgment Interest In Long-Running Retrocession Dispute

Republic Insurance was a fronting company for a syndicate of reinsurers which obtained retrocessional coverage from Group Des Assurance Nationales under LMX quota share contracts over a number of years. As we reported in an...more

4/7/2014 - Prejudgment Interest Reinsurance Republic Mortgage Insurance Company Retrocessional Claims Summary Judgment

Arbitration Round-Up

Arbitration Procedure - Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund v. Alliance Workroom Corp., No. 13-Civ-5096 (USDC S.D.N.Y. Dec. 11, 2013) (arbitration award...more

4/3/2014 - Arbitration Arbitration Agreements

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more

3/31/2014

Summary Judgment Victory For Life Insurer In Annuity Class Action

In Tabares v. Equitrust Life Ins. Co., a California Superior Court granted summary judgment in favor of Equitrust in a class action on behalf of a previously certified class of California policyholders of certain...more

3/31/2014

Utica And Century Ordered To Mandatory Mediation In Reinsurance Dispute

Utica Mutual Insurance Company brought an action in 2013 against Century Indemnity Company (itself and against certain of its named predecessors) for breach of contract and breach of the duty of utmost good faith, as well as...more

2/26/2014 - Insurers Mediation Reinsurance Utica Mutual Insurance Co.

Court Confirms Arbitration Award In Reinsurance Billing Dispute

A New York federal district court affirmed an arbitration award in favor of R&Q Reinsurance Company as against its cedent, Utica Mutual, in a reinsurance dispute arising from certificates issued by R&Q reinsuring certain...more

2/24/2014 - Arbitration Billing Reinsurance

Court Declines To Seal Confidential Reinsurance Provisions

A New York federal court declined to seal portions of a reinsurance agreement at the request of intervening reinsurer Battenkill Insurance Co., LLC (“Battenkill”). Battenkill intervened in an interpleader action brought by...more

2/13/2014 - Confidential Information Reinsurance Sealed Records Wells Fargo

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