News & Analysis as of

Casualty Insurance

Rhode Island Regulation 68, Voluntary Restructuring of Solvent Insurers Act

by Locke Lord LLP on

Recently Rhode Island revised its Voluntary Restructuring of Solvent Insurers Act as implemented by DBR Regulation 68. This was, in many respects, modeled after the UK’s Part VII Transaction, which, subject to court approval,...more

HUD Advocates Broad “Disparate Impact” Liability for P&C Insurers

by Pullman & Comley, LLC on

In February 2013, the U.S. Department of Housing and Urban Development adopted a “Discriminatory Effects Rule,” which established liability under the Fair Housing Act for conduct that is otherwise lawful, but which has a...more

Maine WC Alert: WC Board Appellate Division Rules on Medical Marijuana Reimbursement

by PretiFlaherty on

The Workers’ Compensation Board Appellate Division recently issued decisions in Bourgoin v. Twin Rivers Paper Company, WCB App. Div. No. 16-26 (August 23, 2016) and Noll v. Lepage Bakeries, Inc., WCB App. Div. No. 16-25...more

NAIC Report: 2016 Spring National Meeting

The National Association of Insurance Commissioners (NAIC) held its 2016 Spring National Meeting from April 1 through April 6 in New Orleans, Louisiana. As host, Louisiana provided beautiful weather and bountiful great food....more

New Law in New Jersey Increases Scope of Insurance Fraud to Insurance Certificates

by Saul Ewing LLP on

Contractors should be aware of a New Jersey law that could cause them to be found liable for insurance fraud if they provide insurance certificates to owners containing false or misleading information. The new law, which goes...more

IREG Update - Co-Op member migration: Giving "risk adjustment" a whole new meaning

by Dentons on

Co-Op member migration: Giving "risk adjustment" a whole new meaning As the Co-Ops created under the Patient Protection and Affordable Care Act fail one after another and their members enroll in coverage with other...more

Maine Workers’ Compensation Board Rules on Compensability of Medical Marijuana; Appellate Division to Ultimately Rule on the Issue...

by PretiFlaherty on

In December 2015 the Workers’ Compensation Board Appellate Division heard oral argument in Bourgoin v. Twin Rivers Paper Company, WCB No. 89-01-36-55 (March 16, 2015), a case in which the ALJ found the cost of medical...more

IREG Update - FHFA cuts off FHLB access to captives

by Dentons on

FHFA cuts off FHLB access to captives - After considering input received in more than 1,300 comment letters submitted in response to a proposed rule issued in 2014, the Federal Housing Finance Agency (FHFA) issued its...more

IREG Update - Price optimization

by Dentons on

Price optimization update - Background - In June 2015, we reported that while four states had issued formal bulletins and memoranda prohibiting the practice of price optimization by property and casualty insurers,...more

When is a Vehicle Not a “Vehicle”?

by Carlton Fields on

Two police officers were riding in a police car that was struck by an intoxicated underinsured driver. The officer in the passenger seat suffered serious injuries that were inadequately compensated by the tortfeasor’s...more

IREG Update - September 2015

by Dentons on

Hot Topic: New York's certificates of insurance law now in effect - The new law addresses long-standing industry concerns and codifies opinions issued by the New York Insurance Department's (predecessor to the Department...more

NAIC Report: 2015 Summer National Meeting

The National Association of Insurance Commissioners (NAIC) held its 2015 Summer National Meeting from August 13 through August 18 in Chicago, Illinois. The meeting was notable for the number of new insurance commissioners...more

Hurricanes vs. Wildfires — 2015’s Dramatic Contrast

by Cozen O'Connor on

Two of this blog’s four rotating headers depict a hurricane and a fire as examples of potentially-destructive types of property damage, and the hurricane season (June through November) and the wildfire season (late spring...more

IREG Update - August 2015

by Dentons on

Hot Topic: Re"visiting" the sharing economy - A primer on the insurance issues surrounding lodging sharing companies - Background Beginning in the early 2000's, social technologies enabled the emergence of new...more

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 3 of 3)

by Pullman & Comley, LLC on

This is the final article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones v....more

2015 Florida Legislative Post-Session Report

by Carlton Fields on

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Motion To Compel Arbitration Granted In Hurricane Sandy Row

by Carlton Fields on

A New York district court granted Hudson Specialty Insurance Company’s (“Hudson”) petition to compel arbitration against New Jersey Transit Corporation (“N.J. Transit”) after determining that the parties had agreed to...more

Planning for the Unexpected: Casualty issues in Commercial Properties

PROPER BUSINESS PLANNING includes planning for unlikely but significant events such as a casualty that impacts commercial property. In part 1 of a 2 part article, we will focus on some key issues that tenants need to...more

Telematics and Usage-Based Insurance

by Carlton Fields on

The NAIC’s Center for Insurance Policy and Research (CIPR) released a white paper analyzing the future of "telematics" in premium rate-making by auto insurers. Telematics allow for the measurement of actual driving...more

Credit For Reinsurance Laws – 2015 Legislative And Regulatory Developments

by Carlton Fields on

During the first half of 2015, state legislatures and state insurance departments continued to revise state credit for reinsurance laws and regulations. The majority of these legislative and regulatory developments are due to...more

IREG Update

by Dentons on

State insurance commissioners take on price optimization - To date, four states—California, Florida, Maryland and Ohio—have issued formal bulletins and memoranda, prohibiting the practice of “price optimization” by...more

Insurance – Property Casualty – Vandalism Exclusion

by Low, Ball & Lynch on

Hung Van Ong v. Fire Insurance Exchange - Court of Appeal, Second Appellate District (April 3, 2015) - California’s standard form for fire insurance policies (Insurance Code section 2071) requires coverage for...more

Writing for Mealey's, Tom Bush Analyzes Antitrust Issues with Joint Underwriting

by Locke Lord LLP on

With insurance companies coming under increased scrutiny from government antitrust enforcers and the plaintiff antitrust class action bar, many companies are undertaking a reassessment of their practices for compliance with...more

California Joins Maryland and Ohio in Addressing “Price Optimization”

The California Insurance Commissioner issued a notice on February 18, 2015 to more than 750 property and casualty insurers doing business in California, announcing that “any use of Price Optimization in the ratemaking/pricing...more

Expenses Once Again Found To Be Part Of Coverage Limit In Battle Against Reinsurer

by Carlton Fields on

In November, an Illinois appellate court affirmed an order granting defendant MidStates Reinsurance Corporation’s (“MidStates”) motion for judgment on the pleadings because the reinsurer had fulfilled its obligation to pay up...more

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