Insurance Consumer Protection

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Washington Healthcare Update

This Week: Congress tries to put together a tax extender package, which may provide an opportunity for some Affordable Care Act changes... HHS releases final rule on bundled payment for Joint Replacement Comprehensive Care...more

Minnesota Commerce Commissioner Orders Insurers To Cease Using “Price-Optimization”

On November 16, 2015, Minnesota Commerce Commissioner Mike Rothman issued Administrative Bulletin No. 2015-3, which ordered Property & Casualty Insurers doing business in the State of Minnesota to cease using “price...more

NAIC Cybersecurity Bill of Rights: The Awkward New Guest at the Data Breach Law Party

On October 14, 2015, the NAIC’s Cybersecurity (EX) Task Force adopted a Cybersecurity Bill of Rights, an aspirational, well-intended document outlining the rights insurance consumers should (or could? or might? this point...more

New York Department of Financial Services Previews Upcoming Cybersecurity Regulations for Banks and Insurers

Anthony Albanese, the head of the New York Department of Financial Services, issued a letter to more than 20 federal and state regulators outlining proposed cybersecurity regulations for banks and insurance companies...more

Companies, Through Best Practices, Can Help Keep Cyber Insurance Prices Reasonable

In speaking to a cybersecurity conference in 2012, then FBI Director Robert Mueller told attendees that there are only two types of companies: those that have been hacked and those that will be. Sadly, with each passing day,...more

Regulatory Concerns for the Sale of Extended Warranties to Commercial Purchasers

Products sold to commercial purchasers typically include a standard manufacturer’s warranty. Should the manufacturer’s distributor sell an extended warranty at the time of purchase, is that extended warranty considered...more

NAIC cybersecurity task force adopts Cybersecurity Bill of Rights for insurance consumers

On October 14, the National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Task Force released an updated draft of its Cybersecurity Bill of Rights. The bill, which updates a prior draft published for...more

NAIC Cybersecurity Task Force Adopts Cybersecurity Bill of Rights

On October 14, 2015, the National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force adopted the Cybersecurity Bill of Rights, a document meant to inform consumers of the services they can expect from...more

Food and beverage industry target of new supply chain composition and disclosure suits. Are you covered?

As if risks relating to product recalls, product labeling, and food contamination were not enough, the food and beverage industry now faces potential liability in connection with the alleged composition of its global supply...more

NAIC Adopts Cybersecurity Bill of Rights

The National Association of Insurance Commissioners (“NAIC”) continued its efforts to advance cybersecurity in the insurance industry when it recently adopted the Cybersecurity Bill of Rights. The Cybersecurity Bill of Rights...more

Strike Three: Antitrust Claims in Florida Auto Insurer Proceeding Dismissed With Prejudice

On September 23, District Court Judge Gregory Presnell (Middle District of Florida) dismissed the antitrust claims asserted by a class of auto body shops in A&E Auto Body v. 21st Century Centennial Insurance, this time with...more

5th Circuit Affirms the Dismissal of Federal Antitrust Claims Against Insurance Broker on McCarran-Ferguson Act Grounds While...

On September 23, the Fifth Circuit Court of Appeals issued its opinion in Sanger Insurance Agency v. HUB International, affirming the dismissal of plaintiff's federal antitrust claims based upon the McCarran-Ferguson Act (15...more

Does the Schrems Decision Open the Door to New Cyber Insurance Exclusions?

The shockwaves continue from the October 6, 2015 ruling of the Court of Justice of the European Union (CJEU), the European Union’s highest court, invalidating the U.S.-EU “Safe Harbor” data transfer regime in a controversy...more

Food Recall Events: The Importance of Evaluating Your Insurance Coverage Before a Voluntary and Mandatory Food Recall

Food recalls are on the rise as consumer protection regulations become more stringent, and they can be costly events. There can be significant expenses associated with removing impacted products from stores; reimbursing...more

The Evolving World of Privacy and Data Security Covered at Nossaman-UCI Cyber Symposium

On October 12, Nossaman and UC Irvine hosted their first annual cyber symposium at the Los Angeles City Club. The event brought experts together to discuss a variety of critical issues in the worlds of privacy and data...more

Manatt Digital Media - October 2015

In this newsletter, we highlight some of the ways digital technologies are transforming healthcare and the opportunities and challenges they present to individuals and businesses. We also introduce you to our team at Manatt...more

NAIC Cybersecurity “Bill of Rights” Wrong to Many Insurers

Last week, an NAIC task force moved forward in recommending a cybersecurity “bill of rights” that insurance regulators could provide consumers, essentially creating an expectation of notice of a breach “never more than 60...more

When a Cyber Attack Has Physical Impact

October ordinarily brings the return of crisp air, fall foliage, and Halloween. This year, for the first time, it also brings National Cyber Security Awareness Month. Yet designating a month to increase cybersecurity...more

Debate Over Unclaimed Property Continues Before the Uniform Law Commission Drafting Committee

Proposed revisions to the Uniform Unclaimed Property Act were under debate this past week in Washington, DC as the Uniform Law Commission (ULC or Commission) Committee to Revise the Uniform Unclaimed Property Act (Drafting...more

Insurance Recovery Law - October 2015

Unfair Trade Practices Exclusion Doesn't Cover Consumer Protection Suits - Why it matters: An unfair trade practices clause did not bar coverage for a policyholder's subsidiary, an Illinois federal court ruled, ordering...more

Latest NAIC Cybersecurity News

The National Association of Insurance Commissioners has announced three initiatives in furtherance of its goal to address cybersecurity issues faced by insurance companies, their state regulators, and consumers, which it...more

State Data Breach Notification Requirements Specifically Applicable to Insurers

Almost all U.S. states and territories have enacted breach notification laws requiring private and/or government entities to notify individuals when their personal information is compromised....more

Treasury Deputy Secretary Raskin Delivers Remarks On Cybersecurity and Insurance

On September 10, Deputy Secretary of the Treasury Sarah Bloom Raskin delivered remarks at the Center for Strategic and International Studies Strategic Technologies Program in Washington, D.C. After summarizing threats posed...more

Insurance Newsletter September 2015

On May 26, 2015, the United States Court of Appeals for the District of Columbia upheld a District Court decision and ruled that the Internal Revenue Service could not impose excise tax on certain wholly-foreign retrocessions...more

Third Circuit Holds No Coverage For Suits Alleging Improper Collection of Customer Data

In its recent decision in OneBeacon Am. Ins. Co. v. Urban Outfitters, 2015 U.S. App. LEXIS 16399 (3d Cir. Sept. 15, 2015), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to...more

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