Reinsurance Redux - May 2012 by Saul Ewing LLP on 5/18/2012 In This Issue: - Reinsurer’s Obligation to Provide Coverage to Reinsured Not Contingent Upon Exhaustion of Limits of Primary Policy In granting an insurer’s motion for judgment on the pleadings, the United States...more
Orderly Liquidation Authority: FDIC Announces Its Strategy by Morrison & Foerster LLP on 5/17/2012 In a speech last Thursday, May 10, 2012, the Acting Chairman of the Federal Deposit Insurance Corporation (“FDIC”), Martin J. Gruenberg, outlined the agency’s strategy for the Orderly Liquidation Authority (“OLA”). On its...more
Overlapping Auto Coverage In The New Age by Field Law on 5/14/2012 The Alberta government, in its wisdom (or lack thereof) has recently changed the rules for situations of overlapping auto coverage. In this paper, I will summarize the changes with a particular focus on non-owned auto...more
Corporate and Financial Weekly Digest - May 11, 2012 by Katten Muchin Rosenman LLP on 5/14/2012 In this issue: - SEC Reopens Comment Period for Proposed Amendments to Broker-Dealer Financial Responsibility and Related Rules - NASDAQ Proposes to Institute an Excess Order Fee - Second Amendment to Effective...more
Benefits Update - May 2012: FAQs Regarding Summary Of Benefits And Coverage by Fisher & Phillips LLP on 5/11/2012 In response to the February 14, 2012 final rules and regulations issued by the Labor Department regarding the summary of benefits and coverage (SBC) provisions of Health Care Reform, the DOL, in conjunction with Health and...more
New York Court Rejects $90 Million D&O Settlement by Traub Lieberman Straus & Shrewsberry LLP on 5/11/2012 In In re Lehman Brothers Securities and ERISA Litigation, 2012 U.S. Dist. LEXIS 65167 (S.D.N.Y. May 3, 2012), Judge Lewis A. Kaplan, for the United States District Court for the Southern District of New York considered the...more
Asset Management Fund Sues Morgan Stanley In Connection With Sale Of $122 Million in RMBS by Orrick, Herrington & Sutcliffe LLP on 5/8/2012 On May 2, 2012, mutual fund Asset Management Fund and related affiliates filed a summons with notice to commence an action against Morgan Stanley in the Supreme Court of the State of New York seeking $122 million in...more
Unambiguous Policy Language Precludes Coverage for More Than $15 Million in Losses Due to Madoff’s Ponzi Scheme by Sedgwick LLP on 5/8/2012 In Bleznak Black, LLC v. Allied World Nat’l Assurance Co., No. A-6107-09T2, 2012 N.J. Super. Unpub. LEXIS 879 (N.J. Super. Ct. App. Div. Apr. 20, 2012), the Superior Court of New Jersey, Appellate Division, affirmed the trial...more
Iran-Related Investment Bill Clears Committee by Barger & Wolen on 5/3/2012 On May 2, 2012, the California Assembly Insurance Committee approved a bill that would direct the insurance commissioner to treat a domestic insurer’s investment in a company that has business operations in Iran as a...more
Inapplicability of the Personal Property Security Act (Ontario) to Insurance by Osler, Hoskin & Harcourt LLP on 5/2/2012 We recently represented a US bank in Ontario on a secured refinancing for a Canadian borrower. The Canadian borrower owns a number of Canadian and US subsidiaries (the Canadian borrower and its subsidiaries, the “Loan...more
MetLife Sues Morgan Stanley Over $757 Million in RMBS by Orrick, Herrington & Sutcliffe LLP on 4/30/2012 On April 25, 2012, Metropolitan Life Insurance Co. (“MetLife”) filed suit in New York State Court against Morgan Stanley. MetLife alleges that Morgan Stanley misrepresented the quality of the mortgage loans underlying RMBS...more
More About the Medicare Tax on Net Investment Income by McKenna Long & Aldridge LLP on 4/30/2012 In an advisory issued last month, we generally described the new Medicare tax under Section 1411 of the Internal Revenue Code which applies beginning January 1, 2013 and is equal to 3.8% on the “net investment income” of U.S....more
Court Denies Goldman Sachs’s Motion to Dismiss in Case Arising out of Abacus CDO by Orrick, Herrington & Sutcliffe LLP on 4/27/2012 On April 24, 2012, New York State Court Judge Barbara Kapnick denied a motion brought by Goldman Sachs Group Inc. (“Goldman Sachs”) to dismiss an action brought by ACA Financial Guaranty Corp. (“ACA”) arising out of ACA’s...more
Bayernische Landesbank Files $810 Million RMBS Suit Against Deutsche Bank by Orrick, Herrington & Sutcliffe LLP on 4/24/2012 On April 19, 2012, Bayerische Landesbank (“Bayern”), a German bank, filed an $810 million suit against Deutsche Bank and certain of its affiliates in New York County Supreme Court. Bayern alleges Deutsche Bank fraudulently...more
Ambac Files $856 Million RMBS Insurance Suit Against Bank of America and Merrill Lynch by Orrick, Herrington & Sutcliffe LLP on 4/24/2012 On April 16, 2012, bankrupt insurer Ambac Financial Group filed suit against Bank of America as successor to Merrill Lynch, Merrill Lynch, and certain of its affiliates, in New York County Supreme Court. The complaint alleges...more