General Business Insurance Finance & Banking

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A Moral Victory But No Damages Awarded in AIG Bailout Litigation

The Court of Federal Claims recently held that the coercive terms of the government’s $85 billion bailout of AIG were illegal. The victory, however, was merely a moral one because plaintiffs walked away with a $0 damage...more

Florida District Court Affirms Bankruptcy Court Bar Order In Favor Of Former Ds & Os

On September 24, Southern District of Florida District Court Judge James I. Cohn issued an opinion affirming an order approving the settlement of a debtor’s breach of fiduciary duty, corporate waste, and mismanagement claims...more

Real Property, Financial Services & Title Insurance Update: Week Ending September 18, 2015

REAL PROPERTY UPDATE - Default Judgment/Voidable: because default judgment was merely voidable, rather than void, where complaint upon which judgment was based failed to state a cause of action, Rule 1.540(b) was not...more

ESAs report on risks in the EU financial system

The European Supervisory Authorities (ESMA, EBA and EIOPA jointly) have issued their August 2015 report on risks and vulnerabilities in the EU financial system. The report informs on risks in the banking, securities and...more

ERISA — 7th Circuit: Illinois State Law Ban On Discretionary Clauses Upheld

You already know about the big trend in states to ban discretionary clauses in insurance policies that fund ERISA benefits. Chalk up another circuit deciding to enforce the ban....more

Solvency II Briefing Note - September 2015

SOLVENCY II AND OUTSOURCING Solvency II comes into force on 1 January 2016 after many years of anticipation and postponed implementation dates. Whilst much of the focus is on the capital and solvency requirements that it...more

Real Property, Financial Services & Title Insurance Update: Week Ending September 11, 2015

REAL PROPERTY UPDATE - Adverse Possession: appellant entitled to judgment quieting title in her favor because appellant’s predecessor in title had adversely possessed disputed strip of land by having it enclosed by a...more

Ninth Circuit Rules Against Title Insurer in Long-Running RESPA Litigation

On August 24, the Ninth Circuit held that a title insurer’s equity investments in title agencies in exchange for agreements that the agencies would refer customers to the insurer violated the anti-kickback provisions of the...more

Real Property, Financial Services & Title Insurance Update: Week Ending September 4, 2015

REAL PROPERTY UPDATE - Foreclosure/Standing: party whose motion to intervene in foreclosure action was denied did not have standing to appeal final judgment of foreclosure – Market Tampa Investments, LLC. V Stobaugh,...more

Employee Benefits Alert - August 2015

Retirement Plans - IRS Issues Guidance on Benefit Suspension Voting under MPRA - As we have written in prior alerts, the Multiemployer Pension Reform Act of 2014 (MPRA) permits trustees of financially troubled...more

ESMA publishes responses on PRIIPs KID

ESMA has published the responses to the joint committee discussion paper on risk, performance scenarios and cost disclosures in Key Information Documents (KIDs) for Packaged Retail and Insurance-based Investment Products...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending August 21 & 28 , 2015

Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more

EIOPA updates Solvency 2 reporting webpage

EIOPA has updated its Solvency 2 reporting format webpage with revised information on the data point model (DPM) and XBRL taxonomy design. They have been developed in accordance with its guidelines on the submission of...more

NAIC Summer 2015 National Meeting (A)XXX Developments and Key Takeaways

A number of important developments in the regulation of (A)XXX reserve financing transactions ((A)XXX transactions) emerged during the NAIC Summer 2015 National Meeting (Summer Meeting). Our roadmap through the NAIC’s...more

EIOPA publishes infrastructure investment risk categories responses

EIOPA has published responses to its consultation on the call for advice from the Commission on the identification and calibration of infrastructure investment risk categories. It received 21 responses from a range of...more

CFPB Issues Compliance Bulletin on PMI Cancellation and Termination

The CFPB recently issued Compliance Bulletin 2015-03, addressing the cancellation and termination requirements for private mortgage insurance (PMI) under the Homeowners Protection Act of 1998 (HPA). We note that this Bulletin...more

PRA publishes further SIMR rules for Solvency 2 firms

PRA has published further feedback and rules on the Senior Insurance Managers Regime (SIMR) as it will apply to firms that fall within Solvency 2. The papers cover: - a policy statement providing feedback on responses to...more

PRA publishes implementation rules for NDF SIMR

PRA has published a policy statement with final rules for NDFs: this looks at the (i) scope of the SIMR; (ii) criteria for fitness and propriety; and (iii) conduct of individuals working for NDFs. The appendix sets out final...more

PRA consults on SIMR for large NDFs

PRA is consulting on further proposals for implementing the SIMR in relation to those NDFs with assets exceeding £25 million. It suggests: - detailed proposals for the application of the SIMR to large NDFs; - keeping...more

PRA clarifies MA requirements

PRA has issued a statement explaining that: - even if an insurer and a reinsurer are part of the same group, their respective balance sheets must be valued independently and the insurer must not take credit for any...more

PRA issues Solvency 2 reporting codes statements

PRA has published Supervisory Statements within the scope of Solvency 2 setting out: - the list of codes which firms are expected to use when reporting on life business or annuities stemming from non-life business at...more

New Risks - the New Senior Manager and Senior Insurance Manager Regimes

From 7th March 2016 (and 1st January for insurers), a new regulatory financial services regime will be in place in the United Kingdom. The new regime is significant; it is intended to make it far easier for UK regulators; the...more

CFPB Provides Guidance on Private Mortgage Insurance Cancellation and Termination Requirements

On August 4, 2015 the Consumer Financial Protection Bureau (CFPB) issued a compliance bulletin on the private mortgage insurance (PMI) cancellation and termination provisions contained in the Homeowners Protection Act (HPA)....more

Title Insurance Regulatory and Legislative Update August 2015

NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS - Title Insurance Task Force Conference Call: In advance of the upcoming Summer National Meeting in Chicago, the Title Insurance Task Force (“Task Force”) held a conference...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending July 31 & August 7, 2015

Foreclosure: non-borrower owner of real property as tenants-in-common with borrower not required to sign mortgage for borrower to encumber only his interest in the property and non-borrower’s signature on mortgage reflected...more

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