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Edwards Angell Palmer & Dodge LLP

Insurance and Reinsurance Review - December 2010

In This Issue: The Challenges for Secured Creditors in Insurance Insolvency: When Having a Secured Claim May Not Guarantee Payment 1-3; EAPD’s New Attorneys 3; Climbing the Twin Peaks: First Glimpses of the UK’s New Regulatory…more

| Civil Procedure, Health, Insurance, International Law & Trade, Products...

Reinsurance in the Lloyd’s Market: Governing Law and Jurisdiction

In Stonebridge Underwriting Ltd v Ontario Municipal Insurance Exchange [2010] EWHC 2279 the Commercial Court ruled that the parties to a reinsurance contract placed at Lloyd’s using a typical London market slip policy form had…more

| Civil Procedure, Commercial Law & Contracts, Insurance, International...

Product liability: Looking Beyond the Terms of a Judgment

In a recent case, the Commercial Court has held that an underlying judgment against an insured did not conclusively determine the basis of liability for the purposes of that insured's claim under its product liability insurance…more

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance,...

The Cigarette Rule: Still Smokin’

In a June 2010 Insurance & Reinsurance Review article entitled “The Cigarette Rule – Up in Smoke?”, we reported on a then-recent jury verdict in Artie’s Auto Body v. The Hartford Fire Insurance Company,1 in which a Connecticut…more

| Antitrust & Trade Regulation, Civil Procedure, Insurance

Class Actions Come to Poland: A New Risk for the Insurance Industry

In July 2010, the Act on Pursuing Claims in Group Proceedings dated December 17, 2009 (Journal of Laws from 2010, No. 7, item 44) (the Act), went into force, introducing class actions into the Polish legal system. Although it is…more

| Civil Procedure, Civil Remedies, Insurance, Products Liability

Court of Appeal Overturns EL Insurance “Trigger” Decision

The Court of Appeal has handed down its long-awaited decision in the appeal of the Employers’ Liability Insurance “Trigger” Litigation. In a long and complex judgment, the Court of Appeal has overturned the main finding of the…more

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance,...

Consumer Product Safety Incident Database Set to Launch March 11, 2011

On March 11, 2011, the Consumer Products Safety Commission (the “Commission”) will launch a publicly accessible database of consumer product incident reports. This new database has the potential to significantly impact how…more

| Communications & Media Law, Consumer Protection, Products Liability

Federal Government Issues Final Medical Loss Ratio Regulations

On November 22, 2010, the U.S. Department of Health and Human Services (HHS) issued final regulations on the medical loss ratio requirements provided for in the Patient Protection and Affordable Care Act (PPACA). The medical…more

| Administrative Law, Health, Insurance, Labor & Employment Law, Taxation

Issues For Secured Creditors In Insurance Insolvency

There is often misunderstanding, frustration and occasionally anger when worlds collide. In the case of banking institutions dealing with the unique world of insurance insolvency, the results may not be as dramatic as other…more

| Bankruptcy, Business Organizations, Finance & Banking, Insurance

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