Insurance Updates

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The Long Long Game: The EU Financial Regulatory Agenda Into 2016 and Beyond

2016 will mark the eighth anniversary of the collapse of Lehman Brothers and the raft of regulatory reforms introduced in the aftermath of that event and the wider financial crisis will continue to be implemented during the...more

Health Care Outlook for 2016

In 2016, the Affordable Care Act will continue to be a contentious issue involving opposing legislative efforts and presidential debates. It has already been a major talking point in the campaigns of multiple 2016...more

Insurance Coverage – Predominant or Efficient Proximate Cause

Varadanyan v. Amco Insurance Company - Court of Appeal, Fifth Appellate District (January 7, 2016)- Insurance Code section 530 codifies the “efficient proximate cause doctrine” in resolving first party insurance...more

New York Court Holds Insurer Not Entitled to Pro Rata Allocation of Defense Costs

In its recent decision in High Point Design, LLC v. LM Ins. Corp., 2016 U.S. Dist. LEXIS 12690 (S.D.N.Y. Feb. 3, 2016), the United State District Court for the Southern District of New York had occasion to consider how and...more

Court Holds that Following Form Excess Policy Wording Does Not Also Include Underinsured Motorist Coverage of Primary Policy

In Haering v. Topa Insurance (No. B260235; filed 2/3/16), a California appeals court held that an excess liability insurance policy that “followed form” to an underlying primary policy providing uninsured...more

Senate Bill Would Strengthen Mandate That People With Disabilities Be Integrated in the Community

Senator Charles Schumer (D-NY) recently introduced the Disability Integration Act of 2015 (DIA) in the U.S. Senate. If passed, the bill would require states and health insurers to provide services to people with disabilities...more

When Indemnitor Is Off the Hook For Contractual Indemnity

Contractual indemnification clauses are among the most overused and misunderstood rights that parties argue over and negotiate for. Although nothing in Illinois law prohibits parties from specifically contracting to provide...more

FAQs Regarding the ACA’s Employer Reporting Requirements (Part 1 of 2)

The employer reporting requirements under The Patient Protection and Affordable Care Act (the "ACA") are generally effective beginning January 1, 2015, with the applicable reports filed in early 2016. The purpose of the...more

Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's...more

Proposal Calls for CA Insurers to Divest From Coal

On January 25, 2016, California Insurance Commissioner Dave Jones asked California insurers to voluntarily divest their investments in the thermal coal industry. In addition, beginning in April 2016, California insurers...more

Is This The Year Florida Recognizes Direct Primary Care?

Florida House Bill 37 and Florida Senate Bill 132, similar bills aiming to expressly authorize and regulate direct primary care medical home plans in the State of Florida (“DPCs”) and both stating that DPCs are not...more

UK Regulators Take Action against Three Firms and Five Individuals for Insurance Scheme Failures

The Financial Conduct Authority banned Mr. Shay Reches from performing any function in relation to a regulated activity and fined him £1,050,000. Mr. Reches also agreed to pay £13,130,000 to three insurers, which amount, if...more

Skirmishes Along The Cyber Coverage Frontier: Hotel Monteleone And Lloyd’s Of London Fight Over PCI-Related Losses After Data...

While the market for specialty cyber insurance policies has heated up considerably over the past few years, a good deal of uncertainty still affects the market as the scope of these newly-minted policy provisions remains...more

Manatt on Health Reform: Weekly Highlights - February 2016

Virginia submits a $1 billion DSRIP application; Michigan's Governor will request authority to extend Medicaid coverage to Flint residents aged 21 and under; and Hawaii reinstates small business tax credits in its updated...more

5 Insurance Tips for Emerging Companies

When a new company moves to secure funding and formalize operations, insurance is often an afterthought. But with a bit of effort, emerging companies can obtain strong insurance protection, maximize their existing coverage,...more

Don’t Let Coverage Issue Delay Settlement

There are a number of steps in-house counsel can take to increase the likelihood of mediation while working with outside counsel on cases defended by carriers. Some mediations directly involve insurance, such as those...more

Cyber Insurance: Caveat Emptor

Much has been written about the increasing prevalence of, and need for, cyber insurance. At the same time, it is important that policyholders or prospective purchasers of cyber insurance keep their eyes open. Ultimately,...more

Asset protection: Back to basics

Asset protection trusts can be highly effective vehicles for protecting wealth in today’s litigious society. But these trusts can be complex and expensive, so they’re not right for everyone. For those seeking simpler asset...more

FCA Clarifies Senior Managers Regime Expectations for Individuals With Overall Responsibility for a Firm’s Legal Function

On January 27, the Financial Conduct Authority (FCA) announced plans to consult on the application of the Senior Managers Regime (Regime) to individuals with overall responsibility for a firm’s legal function....more

Integrated Health Reimbursement Accounts, Coordination with Family Coverage, and Notice 2015-87—Something’s Missing

Issued at the end of last year, Notice 2015-87 provided detailed guidance on a host of topics. The notice has been referred to colloquially in some quarters as the “pot luck” notice. Among other things, the notice, in Q&A 4,...more

Washington Adopts New Rules Regarding Credit For Reinsurance

The Office of the Insurance Commissioner for Washington State recently adopted rules that amend the existing Credit for Reinsurance rules within the state. In addition, that office adopted new rules to conform Washington’s...more

Property Insurance Diminution in Value Class Action: Georgia Federal Court Dismisses Declaratory Judgment Claim

A while back, I wrote about a Georgia Supreme Court decision, Royal Capital Development LLC v. Maryland Casualty Co., that held that diminution in value of real property is potentially covered under a property insurance...more

Uber-Complicated: Insurance Gaps for Rideshare Vehicles Can Create Uncertainty for Passengers and Drivers

Many of us have come to enjoy the convenience of summoning a ride via our Smartphones with a rideshare service company such as Uber, Lyft, or Sidecar. However, significant issues exist over whether rideshare vehicles have...more

Court of Appeals Addresses Insurance Agent Negligence Claim; Plaintiff May Claim Emotional Damages

For years, the Murrays bought minimum limits vehicle insurance, including minimum UM/UIM from agent Jones. Then they gradually began increasing their limits. They testified that when they discussed UM/UIM coverage with Jones,...more

Staffing agency workers and ACA offers of coverage

The final regulations on the Affordable Care Act’s (ACA) “pay or play” rules were released on Feb. 10, 2014. Under the rules, there are potential penalties imposed on large employers that do not offer substantially all...more

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