The use of warranty and indemnity (W&I) insurance policies in M&A deals has become increasingly popular in recent years. “This trend is becoming global,” said Rod Brown, a partner in Latham & Watkins’ Singapore office. “There...more
On February 5, 2014, the US District Court for the District of Columbia held that the federal excise tax ("the FET") on insurance and reinsurance premiums does not apply to retrocession insurance transactions. Under a plain...more
Recent guidance clarifies important issues under the Affordable Care Act, including mental health parity requirements; coverage of preventive care services; cost-sharing requirements; and out-of-pocket maximums, wellness...more
McAdam v. State Nat’l Ins. Co., No. 12cv1333-BTM, 2013 U.S. Dist. LEXIS 157202, 2013 WL 5936338 (S.D. Ca. Nov. 1, 2013).
A California federal court granted a motion to compel production of, among other things, reserve...more
The 5th Circuit rebuffed an insured’s attempt to circumvent policy language requiring notice within 30 days of a pollution occurrence in a bumbershoot (umbrella) policy in Starr Indemnity & Liability Company v. SGS Petroleum...more
Readers may recall our previous entry in May 2012, where we covered the decision of Kyriackou v ACE Insurance Limited  VSC 214. In that case, the Supreme Court of Victoria held that Michael Kyriackou was not entitled...more
Sedgwick’s Offshore Professional Risks practice offers a unique and global perspective on professional risk. As the only law firm in the world with offices in the key insurance jurisdictions of Bermuda, London and the U.S.,...more
In Utah, an agreement to indemnify in a construction contract is governed by Utah’s anti-indemnification statute, Utah Code Ann. § 13-8-1. Utah’s anti-indemnification statute defines an “indemnification provision” as an...more
In certain circumstances, directors and officers may find that their claims for indemnification under a directors’ and officers’ insurance policy have been denied by the insurance company as a result of various exclusions...more
In the context of professional indemnity insurance, there have been multiple instances in which claimants have attempted to join – as a party to court proceedings – the insurer of an alleged wrongdoer.
In NSW, the...more
The Department of Labor Employee Benefits Security Administration issued guidance on the issuance of fixed indemnity insurance on January 24, 2013 in its FAQs about Affordable Care Act Implementation Part XI. These FAQs are...more
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