Insurance Legal News -- May/June 2011 • Volume 4, Number 3



- Governor Appoints New Insurance Commissioner

On April 16, 2011, Michigan Governor Rick Snyder appointed Kevin Clinton as the new Commissioner of the Office of Financial and Insurance Regulation (“OFIR”).....

- HHS Finalizes Rules on Health Insurance Rate Review Process

On May 19, 2011, the United States Department of Health and Human Services (“HHS”) released its final rule regarding the disclosure and review of unreasonable premium increases for health insurance issuers under Section 2794 of the Public Health Service Act (“PHS Act”), one of the changes made by the Patient Protection and Affordable Care Act.....

- Conserverator's Fees are Compensable as "Allowable Expenses" Under the Michigan No Fault Act

In May v Auto Club Ins Ass’n, 2011 Mich App LEXIS 746 (April 26, 2011), the Michigan Court of Appeals held that a conservator’s fees were compensable as “allowable expenses” under the Michigan No Fault Act. MCL 500.3107(1)(a).....

- Denial of Insured's Claim for Failure to Timely File Proof of Loss Upheld Despite Insured's Asserted Lack of Awareness

In Durall v Home-Owners Ins Co, 2011 Mich App LEXIS 591 (March 29, 2011) (unpublished), the Michigan Court of Appeals held that an insurer’s (“Insurer”) denial of its insured’s (“Insured”) claim for benefits under a homeowner’s insurance policy was proper based upon the Insured’s failure to timely submit a sworn proof of loss statement (“POL”) as required by the policy, regardless of whether or not the Insured was aware of this requirement......

- Federal Court Holds New York Life Agents are "Outside Salesmen" Despite Additional Qualifications; Wage Deduction Claims Continue

The District Court for the Southern District of New York recently dismissed collective and putative class claims brought by commissionpaid financial products sales agents who sought to challenge the New York Life Insurance Company’s (the “Company”) classification of those agents as “outside salesmen” exempt from the overtime requirements of the Fair Labor Standards Act......

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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