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

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

by Carlton Fields on

On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

Ninth Circuit Finds Incorporation Of ICC Rules Into Arbitration Agreement Constitutes Clear And Unmistakable Evidence Of...

by Carlton Fields on

In a case involving three related contracts, only one of which contained an arbitration agreement, the Ninth Circuit has held that incorporation of the rules of the International Chamber of Commerce (ICC) into an arbitration...more

ARIAS Certified Arbitrators: One Size Does Not Fit All

by Locke Lord LLP on

The Board of Directors for the AIDA Reinsurance and Insurance Arbitration Society (“ARIAS”) has been considering increasing ARIAS’ reach by expanding membership to brokers and policyholders. This is only in the exploratory...more

Court Holds Crime Policy Covers Business Compromise Email Loss

The “business compromise email” is what the FBI calls the “$5 billion scam,” but apparently an insurance company did not agree with an insured company that they had been the victim of a crime....more

Defence & Indemnity - June 2017 : INSURANCE ISSUES F. Royal & Sun Alliance Insurance Company of Canada v. Intact Insurance...

by Field Law on

I. Insurance Issues: F. Where an auto insurer employs an insurance form (such as a policy, endorsement, or application,) that has not been approved by the Superintendent, the unapproved form will be interpreted by the...more

Bad Faith: District Court Remands Case Involving In-house Adjuster

by Nexsen Pruet, PLLC on

Recently, the United States District Court in South Carolina closed the door on removal of insurance bad faith actions where the in-house, non-diverse, claims adjuster is a co-defendant. In Aung v. GEICO, C.A. No.:...more

Bienvenidos a Colombia: A Friendly Market for Foreign Reinsurers

by Zelle LLP on

By comparison to other jurisdictions, international reinsurers have easy access to the Colombian market. While the access to underwriting risks is not as limiting, it is not boundless. Colombia has delineated requirements...more

Mf Global Holdings Reinsurer’s $15 Million Bond Struck By Bankruptcy Court And Leave To Appeal Rejected By New York Federal Court

by Carlton Fields on

Two courts in New York recently issued decisions concerning Allied World’s ongoing coverage dispute with MF Global Holdings Ltd. over the former’s bankruptcy. As previously reported on this blog, the Bankruptcy Court for the...more

Alternative Fee Arrangements When the Insurer Is Footing the Bill

Clients regularly ask their counsel to propose alternative fee arrangements and they are growing in popularity. While these arrangements can be beneficial for clients, they should be carefully considered when an insurance...more

Defence & Indemnity - June 2017 : Insurance Issues E. Conradi v. Economical Mutual Insurance Co., 2015 ABQB 308, per Clackson, J....

by Field Law on

Insurance Issues E. For non-owned auto coverage under a standard Alberta SPN No. 1 auto policy coverage for the “Insured” is not restricted to the “named insured” but also extends to any other form of “insured” under the...more

Keep Viking Pump in Your Long-Tail Claim Toolbox

“Long-tail” claims involve personal injury or property damage from alleged exposure to injury-causing products, such as asbestos or PFCs, over a number of years and multiple policy periods. Courts in various jurisdictions use...more

Defence & Indemnity - June 2017 : Insurance Issues D. Insurance Corp. of British Columbia v. Lloyds Underwriters, 2017 ONSC 670,...

by Field Law on

The “lessee” or “renter” of a leased or rented vehicle for the purposes of auto insurance priority legislation is determined on the basis of who the lease/rental company can look to for payment. Insurance Corp. of British...more

A New Hurdle for Medical Malpractice Claimants: Legislation Establishing Medical Review Panels Takes Effect in Kentucky

by Reminger Co., LPA on

In a step toward tort reform, on June 29, 2017, Senate Bill 4 was signed into law and went into effect in Kentucky as KRS 216C.005 et seq., establishing a requirement that all potential medical malpractice lawsuits first be...more

What To Look For In Strong Computer Fraud & Social Engineering Insurance

by GB&A Insurance on

Cyber security has been the talk of the town for quite a while now. Organizations today flooded with statistics and mentions of the importance of proper security measures and cyber liability programs. Some companies...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A Tuesday Times op-ed accuses Wall Street of “fleec[ing]” American pension plan, mutual fund, and insurance policy investors by routing orders to particular exchanges in return for “rebates”—fractions of cents for each trade...more

Renewal Notices Must Warn of Major Changes in Coverage

by Nossaman LLP on

California Insurance Code §678 provides as to personal lines policies (such as homeowners, auto or personal liability): “(a) At least 45 days prior to policy expiration, an insurer shall deliver to the named insured…(1) an...more

Dechert's Global Private Equity Newsletter - Summer 2017 Edition: D&O Insurance Coverage - How Careful Should the Drafting Be?...

by Dechert LLP on

Directors are required to review and approve transformative M&A transactions. The power to approve, however, comes with the potential liability that could be asserted if the transactions do not turn out as projected....more

Subrogation Following a Hurricane is All Hands on Deck

Hurricane season began June 1st, and runs through November 30th. However, we are about 30 days from approaching the peak of hurricane season, when the season becomes its most active. Weather predictors are predicting an...more

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

by Carlton Fields on

In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media...more

Positive Signs in the Enforcement of Late Notice Provisions

by Cozen O'Connor on

This year was off to a positive start in the realm of property insurance with a decision out of the Second Circuit upholding an at times embattled policy provision that is found in nearly every property insurance policy: the...more

Hurricane Cyber? Insurers Confront Unpredictable Data Breach Costs

by Fox Rothschild LLP on

Venerable insurer Lloyd’s of London says a global cyber attack on a major provider of cloud services could carry costs of up to $53 billion, reports Data Breach Today. That’s a hefty price tag that explains the rising...more

Texas And Wisconsin Join List Of States Permitting Domestic Surplus Lines Insurance

by Carlton Fields on

On June 15 and 22, 2017, respectively, the Governors of Texas and Wisconsin approved new laws permitting domestic surplus lines insurers in those states (i.e., insurers domiciled in Texas and Wisconsin) to conduct business...more

NYDFS Updates FAQs to Clarify Cybersecurity Regulations

by Ballard Spahr LLP on

The New York Department of Financial Services (NYDFS) recently updated frequently asked questions (FAQs) about its cybersecurity regulations, 23 NYCRR 500, to address four new issues. NYDFS published its initial set of FAQs...more

Court Finds California Insurance Code Section 11658.5 Reverse-Preempts Section 4 Of The FAA

by Carlton Fields on

National Union Fire Insurance Company of Pittsburgh, PA provided Seneca Family of Agencies with workers’ compensation and employers’ liability insurance for Seneca’s operations in California from 2004 to 2013. The parties...more

Defence & Indemnity - June 2017 : Insurance Issues B. Stairs v. CFM Corp., 2017 NBCA 8 [4226]

by Field Law on

I. INSURANCE ISSUES B. In Alberta an insured’s settlement with a third party which releases the third party does not preclude the insured’s insurer from pursuing a subrogated claim against the third party. Elsewhere in...more

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