Roland Goss

Roland Goss

Carlton Fields

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State-law Based Claims Against Parties Other than the United States Seeking Damages Arising Out of the Procurement of Flood...

Harris v. Nationwide Mutual Fire Insurance Company, __ F.3d __, 2016 WL 4174381 (6th Cir. Aug. 8, 2016) - Case at a Glance - Plaintiffs purchased a home located in a federal flood zone, but they did not purchase...more

10/17/2016 - FEMA Flood Insurance Flooding Insurance Industry Insurance Litigation Natural Disasters Policy Limits Preemption Property Damage Property Insurance Residential Real Estate Market Severe Weather

Treaty Tip: Is it an Insurance Policy or a Reinsurance Agreement?

Whether a risk shifting agreement is an insurance policy or a reinsurance agreement may have important consequences. For example, many states prohibit the mandatory arbitration of disputes arising out of insurance policies,...more

8/29/2016 - Arbitration Contract Terms Insurance Industry Mandatory Arbitration Clauses Reinsurance Settlement

STOLI Policies Cancelled, Insurers Retain Premium

Two federal appellate courts have affirmed, on different grounds, the cancellation of large life insurance policies that were alleged to be stranger originated life insurance (STOLI), permitting the issuing insurers to retain...more

8/24/2016 - Attorney's Fees Civil Conspiracy Illegal Contracts Insurance Industry Life Insurance Material Misrepresentation STOLI Summary Judgment

Circuit Split Develops Over The Enforceability Of Class Waivers In Employment Agreements

Affirming a district court’s denial of a motion to compel arbitration, the United States Court of Appeals for the Seventh Circuit has held unenforceable a provision of an employment agreement mandating that wage-and-hour...more

6/6/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions Federal Arbitration Act NLRA Pre-Employment Agreements Wage and Hour

What Is The Future Of The Multi-State Allocation Of Nonadmitted Premium Tax Revenue?

In the portion of the Dodd-Frank Act known as the Nonadmitted and Reinsurance Reform Act, Congress established a public policy and stated its desire that “each State adopt nationwide uniform requirements, forms, and...more

5/2/2016 - Dodd-Frank Insurance Industry Nonadmitted Insurance NRRA Reinsurance Tax Allocation Agreements Tax Revenues

The Judicial Rescission of MetLife’s SIFI Designation and the Possible Implications of the SIFI Process for Reinsurers

The designation of MetLife as a systemically significant nonbank financial institution (SIFI) by the Financial Stability Oversight Council (FSOC) was recently rescinded by the United States District Court for the District of...more

4/11/2016 - Dodd-Frank Financial Institutions FSOC Insurance Industry Life Insurance MetLife Nonbank Firms Reinsurance SIFIs Summary Judgment

New York Court of Appeals: McCarran-Ferguson Act Does Not Reverse Preempt Application of the Federal Arbitration Act to Enforce...

Monarch Consulting, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., __ N.Y.3d __, 2016 WL 633946 (N.Y., Feb. 18, 2016) Case at a Glance - National Union Fire Insurance of Pittsburgh (“National Union...more

3/20/2016 - Arbitration Federal Arbitration Act Insurance Industry McCarran-Ferguson Act Motion to Compel National Union Preemption

Appellate Court Reverses Order Granting Motion To Compel Arbitration

In a three paragraph memorandum decision, the Ninth Circuit has reversed an order of a district court granting a motion to compel arbitration. The Court held that the district court erred in holding that the non-movant,...more

2/24/2016 - Arbitration Agreements Estoppel Federal Arbitration Act Motion to Compel Reversal

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable...more

1/11/2016 - 401k Administrative Proceedings Big Data Bitcoin BSA/AML E-Commerce Medical Devices SEC STOLI Takedown Notices Variable Annuities

Federal Court of Appeals Deems Policies STOLI, Refuses to Order Return of Premiums

Upon determining that certain Ohio National life insurance policies were stranger originated life insurance (STOLI) under Illinois law, the Seventh Circuit Court of Appeals, in Ohio National Life Assurance Corp. v. Davis,...more

1/4/2016 - Insurance Industry Life Insurance STOLI Summary Judgment

U.S. Treasury Department and the U. S. Trade Representative Pursuing Possible Covered Agreement With the European Union

The U.S. Treasury Department and the U.S. Trade Representative have given notice to Congress of the initiation of discussions with the European Union to enter into a Covered Agreement essentially addressing two major issues:...more

12/14/2015 - Covered Agreement Dodd-Frank EU Insurance Industry McCarran-Ferguson Act Solvency II

FIO Issues 2015 Annual Report

Last month, the Federal Insurance Office (“FIO”) issued its Annual Report for 2015. The Report discusses many financial consumer protection and regulatory issues, both domestic and international, relating to the business of...more

10/26/2015 - Annual Reports Captive Insurance Company Dodd-Frank Federal Insurance Office FIO Insurance Industry NAIC Reinsurance

Variable Annuity with a No-lose Death Benefit Is Not Subject to the Statutory and Common Law Insurable Interest Requirement -...

Western Reserve Life Assurance Co. of Ohio v. ADM Associates, LLC, 116 A.3d 794 (R.I. 2015) - Case at a Glance - In a case of first impression, the Rhode Island Supreme Court held that a particular variable annuity...more

9/29/2015 - Civil Conspiracy Civil Liability Death Benefits Fraud Identity Theft Indictments Insurable Interests Insurance Industry Life Insurance Life Settlements LLC Money Laundering RI Supreme Court Variable Annuities

Action To Vacate Arbitral Award Dismissed For Lack Of Subject-Matter Jurisdiction

A disappointed claimant in a FINRA arbitration filed suit under section 10 of the Federal Arbitration Act (“FAA”) in United States District Court to vacate the arbitral award. The court dismissed the case for lack of...more

9/22/2015 - Arbitration Arbitration Awards Discover Bank Federal Arbitration Act FINRA Manifest Disregard Motion to Compel SEC Subject Matter Jurisdiction

United States Supreme Court Considering A California Appellate Court Opinion Invalidating A Class Action Arbitration Waiver

In a Special Focus article Rollie Goss previews another arbitration case coming before the United States Supreme Court involving the issue of whether a class arbitration waiver is unconscionable, and the impact of such a...more

8/31/2015 - Amicus Briefs Appeals Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Class Arbitration DirectTV Discover Bank Rule Federal Arbitration Act JAMS Petition for Writ of Certiorari SCOTUS Section 10(b)

Court Of Appeals Affirms Rejection Of Claims Relating To Cat Bond

We previously posted on a district court’s dismissal, with prejudice, of an Amended Complaint challenging the propriety of payments to the ceding insurer of the Mariah Re catastrophe bond which exhausted the cat bond’s trust...more

7/10/2015 - Catastrophe Bonds Insurance Industry

Sixth Circuit Denies Additional Attorneys’ Fees For Post-Arbitration Confirmation Proceeding, Finding Them Beyond The Scope Of...

The Sixth Circuit affirmed the district court’s denial of a motion for attorneys’ fees and enhancement of fees resulting from post-arbitration confirmation proceedings. The issue before the court was whether the agreement...more

7/6/2015 - Appeals Arbitration Attorney's Fees Federal Arbitration Act

Eighth Circuit Upholds Arbitration Agreement In Absence Of Actual Proof Of Unconscionability Due To Cost

The Eighth Circuit affirmed a decision by the U.S. District Court for the Eastern District of Missouri which rejected the contention that an arbitration agreement was unconscionable, and unenforceable under the Federal...more

6/30/2015 - Appeals Arbitration Arbitration Agreements Federal Arbitration Act Franchisee Franchises Franchisors Non-Signatories RICO

Honorable Engagement Provision in Arbitration Provision of Reinsurance Agreements Assists Court of Appeals in Holding that...

In First State Insurance Company v. National Casualty Co., 781 F.3d 7 (1st Cir. 2015), the U.S. Court of Appeals for the First Circuit (the “Court of Appeals”) affirmed a district court’s refusal to vacate an arbitration...more

6/8/2015 - Appeals Arbitration Arbitration Awards Insurance Litigation Reinsurance

CFPB Issues Arbitration Study – Possible Impact On Reinsurance Unclear

The Consumer Financial Protection Bureau has issued a study that is critical of arbitration in the context of consumer claims, contenting that arbitration “restricts” the rights and remedies of consumers by limiting or...more

3/23/2015 - Arbitration CFPB Consumer Financial Products

NAIC Considers Proposal Which Might Expand The Market For Cat Bonds Among Life Insurance Companies

At the November 17, 2014 meeting of the Valuation of Securities Task Force of the NAIC’s Financial Condition (E) Committee, a proposal was received from the North American CRO [Chief Risk Officers] Council to modify the...more

3/11/2015 - Bonds Catastrophe Bonds Insurance Industry Life Insurance NAIC

Treaty Tip: Clarity In Reinsurance Contracts

Reinsurance agreements commonly contain a dollar limit on the liability of the reinsurer. Both the reinsured and the reinsurer benefit from clarity with respect to such limits. The reinsured benefits by knowing with precision...more

1/20/2015 - Insurance Industry Insurance Litigation Policy Limits Reinsurance

Connecticut Revises Financial Reporting Requirements

The Connecticut Insurance Department has issued two Bulletins revising certain financial reporting requirements for certain insurers. Bulletin FS-4AR-14 (November 25, 2014) revises the annual financial filing requirements...more

1/8/2015 - Insurance Industry NAIC Reinsurance Reporting Requirements

Rhode Island Supreme Court Bars Second Arbitration Based On The Doctrine Of Res Judicata

An architectural firm contracted to provide architectural, engineering and design services for a state veterans home for a “not to exceed fee” of $61,500, which was calculated as a percentage of overall expected construction...more

1/7/2015 - Arbitration Construction Contracts Construction Disputes Construction Industry Construction Project Equitable Relief Res Judicata

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