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Following on from our recent entry, the draft Insurance Contracts Amendment (Unfair Terms) Bill 2013 has now been released for public consultation. It aims to 'give consumers protection against unfair contract terms in...more
On May 31, the FCA published an undertaking given by the Equitable Life Assurance Society under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) (UTCCRs), relating to the fairness of a disclaimer in a...more
The CFPB has announced the settlement of an enforcement action in which it was alleged that two affiliated business arrangements (ABAs) violated Section 8 of the Real Estate Settlement Procedures Act....more
On March 29, the Federal Housing Finance Agency (FHFA) proposed consideration of new regulation on lender-placed insurance. The FHFA specifically requested public input concerning sales commissions and reinsurance activities,...more
The CFPB has issued a proposal to temporarily delay the June 1, 2013 effective date of the Regulation Z prohibition on financing credit insurance premiums (Section 1026.36(i)). The proposal responds to concerns raised by...more
Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such...more
Many companies and individuals that are facing investigations or subsequent enforcement actions by the Consumer Financial Protection Bureau (“CFPB”) will be forced to incur substantial sums to defend such claims, to settle...more
The Consumer Financial Protection Bureau (CFPB) announced that it had settled enforcement actions against four insurance companies in connection with alleged improper payments between the insurance companies and mortgage...more
The Consumer Financial Protection Bureau has entered into consent orders with four mortgage insurance companies involving captive reinsurance of mortgage insurance issued to mortgage lenders. Those consent orders impose fines...more
The CFPB has announced four enforcement actions to end what the Bureau believes to be improper kickbacks paid by mortgage insurers to mortgage lenders in exchange for business. The CFPB filed complaints and proposed consent...more
The CFPB announced the settlement of enforcement actions brought in federal district court in Florida against four national mortgage insurers involving allegations that the insurers paid kickbacks to mortgage lenders in...more
In this installment of the Hoosier Litigation Blog by Pavlack Law, LLC, we discuss the Class Action Fairness Act's amount in controversy requirement in light of the United States Supreme Court decision in Standard Fire Ins....more
On February 22, Fannie Mae issued Servicing Guide Announcement SVC-2013-02, reminding servicers that when they deposit undisbursed insurance loss draft funds into an interest-bearing account, the account must be for the...more
In its recent decision in BCS Ins. Co. v. Big Thyme Enters., 2013 U.S. Dist. LEXIS 20051 (D.S.C. Feb. 14, 2013), the United States District Court for the District of South Carolina had occasion to consider whether an alleged...more
Last week, the U.S. Pharmacopeial Convention (“USP”), a scientific nonprofit that sets standards for food ingredients, medicines and dietary supplements enforceable by the Food and Drug Administration, released an updated...more
Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. For example, one Indiana farm recalled all cantaloupes from its 2012 growing season after the fruit was...more
Two recent cases have highlighted the need for brokers to be familiar with the nature of their client’s business and the limits and exclusions of marine insurance products on the market. In both of these cases, the...more
The Office of Fair Trading (OFT) has referred the UK’s private motor insurance market to the Competition Commission (CC) for an-depth investigation because it suspects that the market may not be working well for motorists. It...more
The California Legislature has passed and the Governor has signed A.B. 1747, which will become effective on January 1, 2013. The new law (1) establishes a new minimum grace period during which individual and group life...more
The Securities and Exchange Commission has accused the life settlements company Life Partners, Inc. and its executives with fraud in connection with the marketing of their investment product. Life Partners is also facing...more
With the start of the New Year, it's time for credit counseling agencies to think about ways to enhance legal and regulatory compliance. Here are some tips on topics that you may not know about. 1. Reduce the Threat of...more
Court of Appeals of Wisconsin In State v. GE-Milwaukee, LLC, 2011 WL 6032721 (Wis. App. Dec. 6, 2001), the Court of Appeals of Wisconsin held that an insurer had no duty to defend its insureds under a business insurance...more
The objective of this article is to analyse the PEICL with respect to the question of whether the policyholder is protected too radically, studying the differences of the PEICL from the regulation of insurance contracts in...more
Texas courts continue their busy pace in insurance cases. TEXAS SUPREME COURT REVERSES RUTTINGER: WORKERS COMPENSATION CARRIERS NOT SUBJECT TO UNFAIR SETTLEMENT PRACTICES CLAIMS UNDER THE TEXAS INSURANCE CODE In a...more
Revue L'argus de l'Assurance : Comment apprécier les risques concurrentiels dus aux échanges d’informations entre concurrents ?...more
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