Kelly Cruz-Brown

Kelly Cruz-Brown

Carlton Fields Jorden Burt

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Florida Proposes Rule for Annuity and Life Insurance Surrender Disclosures

On September 4, the Florida Department of Financial Services (the "Department") published a Notice of Rule Development for Proposed Rule 69B-215.090, Florida Administrative Code (the "Proposed Rule") setting out disclosure...more

9/9/2014 - Annuities Life Insurance

Court Grants Motion For Partial Judgment On The Pleadings In RESPA Class Action Regarding Private Mortgage Insurance

We have previously reported on a case styled Munoz v. PHH Corp., one of similar suits alleging putative class actions under the Real Estate Settlement Procedures Act arising from purported “sham” reinsurance transfers...more

8/29/2014 - Equitable Estoppel Equitable Tolling Mortgage Insurance Putative Class Actions Reinsurance RESPA

Maryland Adopts Credit For Reinsurance Regulations

The Maryland Insurance Commissioner adopted regulations regarding Credit for Reinsurance effective August 18, 2014. The regulations will implement changes made to Title 5, Subtitle 9 of the Maryland Insurance Article, and are...more

8/27/2014 - Insurers New Regulations Reinsurance

California Appellate Court Upholds Delegation Clause In Arbitration Agreement

The issue before the California Appellate Court was whether the trial court erred in enforcing a delegation clause in an arbitration agreement governed by the Federal Arbitration Act (“FAA”), and granting the defendant’s...more

8/7/2014 - Arbitration Arbitration Agreements Delegation Clauses FAA

Office of the Commissioner of Insurance of Georgia Proposes New Regulation Governing Protection of Trade Secret Information

The Office of the Commissioner of Insurance of Georgia ("OCI") has proposed a new rule concerning procedures to be followed by persons or entities asserting trade secret protection of information filed with the OCI to comply...more

8/4/2014 - Insurers Judicial Review Proposed Regulation Trade Secrets

New York Department Of Financial Services (“NYDFS”) Adopts Emergency Regulation Regarding Excess Line Placements Governing...

The Emergency Regulation, effective April 21, 2014, conforms 11 NYCRR 27 to the requirements of the Non-Admitted and Reinsurance Reform Act of 2010 (“NRRA”). The amendments make the following changes to Insurance Regulation...more

8/4/2014 - Department of Financial Services E-Filing Excess Policies NRRA Reinsurance

Dodd-Frank Does Not Bar Arbitration Of Claims If Arbitration Agreement Does Not Exempt Dodd-Frank Whistleblower Claims

The Fourth Circuit affirmed order from the United States District Court for the Eastern District of Virginia compelling arbitration of former employee’s federal claims under the Age Discrimination in Employment Act (ADEA),...more

7/16/2014 - ADEA Arbitration Discrimination Dodd-Frank Employment Contract ERISA FMLA Former Employee Hiring & Firing Whistleblowers

Court Denies Renewed Attempt To Dismiss Defenses In Reinsurance Dispute Associated With Asbestos-Related Liabilities

In this case, plaintiffs sought leave to renew their motion to dismiss certain retention-related and assignment affirmative defenses based on provisions of certain Loss Portfolio Transfer (LPT) agreements, and to re-argue the...more

7/15/2014 - Asbestos Asbestos Litigation Motion to Dismiss Reinsurance

Colorado Amends Laws Governing Credit For Reinsurance And Receiverships

Colorado has amended its laws regarding credit for reinsurance and receiverships to conform to certain model acts adopted by the National Association of Insurance Commissioners (NAIC). House Bill 14-1315, conforms Colorado...more

6/23/2014 - NAIC Receivership Reinsurance

Assisted Living Facility Reform Likely In 2014

Reform of assisted living facilities (ALFs) has returned for the 2014 Florida Regular Session. The major reforms proposed seek to improve accountability, transparency, and regulation of ALF operations....more

3/28/2014 - Medical Liability Nursing Homes

NAIC's Newly Appointed Unclaimed Life Insurance Benefits Working Group Seeks Comments Before The Spring National Meeting

During its March 13, 2014 conference call, the NAIC's Life Insurance and Annuities (A) Committee appointed an Unclaimed Life Insurance Benefits (A) Working Group charged with "undertaking a study to determine if...more

3/17/2014 - Life Insurance NAIC Unclaimed Life Insurance Benefits Act

Market Conduct Examinations: Are You Prepared?

Market analysis and market conduct examinations provide insurance regulators with information to assess how the insurance marketplace as a whole, and the individual insurance entities that make up that market, are in...more

3/13/2014 - Compliance Enforcement Insurers Investigations NAIC Surveillance

Regulations Affect Health Insurance Exchange Navigators, Mortgage Servicers

At both the federal and state levels, 2013 is proving to be a year of significant activity and regulatory changes for the insurance industry. Originally Published in TortSource - Summer 2013....more

8/14/2013 - Affordable Care Act CMS Health Insurance Exchanges Healthcare HHS Medicare Mortgages

Capitol Report: Bill Revising Florida’s 2012 Captive Insurance Law Passed By 2013 Florida Legislature

Committee Substitute for House Bill 1191 (CS/HB 1191) makes several changes to Florida’s captive insurance law to remedy unintended consequences that may have resulted from the 2012 enactment of Committee Substitute for...more

5/8/2013 - Captive Insurance Company Proposed Legislation

Capitol Report: Bill To Implement And Enforce The Patient Protection And Affordable Care Act’s Requirements Applicable To Health...

Committee Substitute for Senate Bill 1842 (CS/SB 1842), passed by the 2013 Florida Legislature, enacts changes to the Florida Insurance Code (the “Code”). These changes are necessary to implement and enforce requirements of...more

5/8/2013 - Affordable Care Act Healthcare HHS HMOs Insurers New Legislation Non-Grandfathered Health Plans Qualified Health Plans

Capitol Report: Property Insurance Bill Creating Citizens Clearinghouse Passes 2013 Florida Legislature

Committee Substitute for Senate Bill 1770 (CS/SB 1770) passed by the 2013 Florida Legislature creates a “keep-out” clearinghouse to reduce the size and type of exposures insured by Citizens Property Insurance Corporation...more

5/8/2013 - Citizens Property Insurance Corporation Insurers Keep-Out Clearinghouse New Legislation Property Insurance

First DCA Opinion On Sinkhole Loss Coverage May Impact Property Insurers In Florida

This opinion was issued today by the First District Court of Appeal (1st DCA). This opinion potentially impacts insurers authorized to transact property insurance in Florida in connection with existing and future sinkhole...more

3/19/2013 - Insurers Loss Coverage

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