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Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Health Care Weekly Preview from ML Strategies – September 2017 #2

Welcome back everybody. The House is out this week and the Senate is out Thursday and Friday with a lot to sort out before they skip town. Graham-Cassidy has people on edge because, if nothing else, it is still alive. The...more

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more

Earthquakes & Hurricanes in Mexico (Any End in Sight?): Tips for International Insurers

by Zelle LLP on

A powerful 8.1 magnitude earthquake struck southern Mexico late Thursday, September 7, 2017. According to the U.S. Geological Survey, the epicenter of the earthquake was in the Pacific Ocean off the coast of the state of...more

Maria – Re-Post of Puerto Rico Claims Checklist

by Zelle LLP on

With the Imminent Arrival of Hurricane Maria in Puerto Rico, we are re-posting our claims checklist for Puerto Rico - Insurers Should Keep in Mind the Following Claim Handling Requirements from the Puerto Rico Insurance...more

Maria - Concurrent Causation in Puerto Rico

by Zelle LLP on

While Puerto Rico was spared a direct hit from Hurricane Irma, it now appears it will face the full brunt of Hurricane Maria. Maria is projected to strike Puerto Rico as a Category 4 Hurricane. Many of the same concurrent...more

Losses Caused by Hurricanes: Are You Covered?

by K&L Gates LLP on

This hurricane season represents the first time in the history of record keeping that two Category 4 or higher hurricanes, Harvey and Irma, have struck the U.S. mainland in the same year. Within a month, Hurricanes Harvey and...more

The Rise of Managed Care Audits and Reimbursement Demands in the Wake of the ACA

If the summer of 2017 demonstrated anything, it is that health care remains a complex and contentious industry. One of its many complications stems from the natural tension between health care providers and health care...more

Mind the Gap! Hurricanes may have significant impact on Gap coverage

by Locke Lord LLP on

Some estimates peg the number of cars flooded by Hurricane Harvey at more than a half million. So too, the number of flooded cars following Irma will be legion. This significant loss will likely lead to a significant...more

After the Storm: Issues in the Construction Process

We previously discussed several post-storm employment issues to be mindful of, but what about important considerations for the rebuilding process? Once floodwaters have receded, power has returned and cleanup has begun, the...more

Health Care Reform Returns to the Spotlight

by Foley & Lardner LLP on

Congress is now back in session and, once again, focus has turned to health care. With all eyes on returning health care reform to the forefront, a flurry of activity has sparked new legislative efforts including the...more

Blunt Talk about Cannabis and Insurance

by Pessin Katz Law, P.A. on

I have been in a haze recently due to marijuana. Granted, I do not smoke, toke, or even eat pot laden brownies—I truly never have. But each insurance conference I go to and each insurance journal I read, I find articles...more

All that Glimmers is Not [Insurance Agency] Gold

by Nexsen Pruet, PLLC on

Diversity jurisdiction requires complete diversity among plaintiffs and defendants. While it is difficult for a defendant to remove a case with a nondiverse defendant, removal can be accomplished through the doctrine of...more

Beware: Claims Investigations May Not Be Protected From Disclosure In Maryland

by Pessin Katz Law, P.A. on

Insurance companies and lawyers defending insurance companies oftentimes try to shield claims investigations from disclosure during discovery. Oftentimes, the claimed basis for non-disclosure is the work-product privilege. In...more

Seventh Circuit Affirms Dismissal Of Post-Liquidation Reinsurance Claim As Time-Barred

by Carlton Fields on

We previously posted on the trial court’s ruling addressing the statute of limitations in this case on June 23, 2016. By way of background, the underlying contract between the insurer and the reinsurer required the insurer to...more

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

by Carlton Fields on

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for...more

Africa Focus: Sub-Saharan African power projects - Credit support and enhancement

by White & Case LLP on

Counterparty credit risk continues to remain a key, often threshold concern for private sector sponsors and lenders to the majority of power projects in sub-Saharan Africa. Structuring power projects in an effort to overcome...more

Equifax Data Suppliers Urged by DFS to Give Hack “Highest Degree of Attention”

Yesterday, New York’s top financial regulator asked state-chartered banks and insurers to take immediate precautions to protect consumers and the financial markets “in light of the cybersecurity attack” at Equifax Inc....more

Directors’ liability D&O: Entering uncharted territory

by Allen & Overy LLP on

Welcome to this the fifth edition in our series of surveys on directors’ liabilities, brought to you by the international law firm Allen & Overy LLP and the global advisory broking and solutions company Willis Towers Watson....more

IRS Challenges Ahead For Insurance Producers?

by Tonkon Torp LLP on

A 2017 Tax Court decision, Fleischer v. Commissioner, may call into question a tax planning strategy commonly used by commissioned brokers and salespersons in many industries. This Alert looks at the impact of the decision on...more

Hurricane Recovery Client Alert: Natural Catastrophe Insurance Claims

by Morgan Lewis on

Insurers and policyholders should heed the critical insurance issues that arise in the aftermath of natural disasters....more

First Circuit Upholds Arbitrator’s Denial Of Arbitrability Of Reinsurance Agreement, Finding No Manifest Disregard Of The Law

by Carlton Fields on

Mountain Valley Property, Inc (MVP) entered into a three-year reinsurance participation agreement with Applied Underwriters Captive Risk Assurance Co. Inc. (AUCRA), which contained a mandatory arbitration clause as well as a...more

Beltway Buzz - September, 2017 #3

He Said, They Said. Over a Wednesday night dinner consisting of the unusual combination of Chinese food and chocolate pie, President Trump and Democratic congressional leaders Charles Schumer (D-NY) and Nancy Pelosi (D-CA)...more

Federal Reserve Board Announces Penalty Against State Bank for Alleged Violation of the National Flood Insurance Act

by Goodwin on

?On September 14, the Board of Governors of the Federal Reserve System announced the execution of a settlement with a state bank concerning alleged violations of the National Flood Insurance Act (“NFIA”), 42 U.S.C. §...more

Irma - Florida Office of Insurance Regulation Emergency Order

by Zelle LLP on

The Florida Office of Insurance Regulation has issued an Emergency Order related to Hurricane Irma. Some of the more notable provisions of this emergency order are...more

GOP senators trying to sneak in one more push to repeal, replace Obamacare

As the 40th President of the United States used to mutter, well, there they go again. The Republicans in the 115th Congress apparently will make another go at repealing and replacing the Affordable Care Act, what may be...more

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