News & Analysis as of

Insurance Brokers

Non-Competition Clauses: Enforceable or Just for Show?

by Field Law on

When can a non-competition clause actually stop someone from working? Or are these clauses just for show? Let's take a look at a couple of cases involving departing employees who find themselves in hot water with a former...more

Courts Should Read Elder Abuse Act Broadly to Stop Wrongdoers

by Downey Brand LLP on

California’s Elder Abuse and Dependent Adult Civil Protection Act is elastic enough to encompass claims arising from sharp insurance sales practices, even when elders do not pay anything directly to the agents. So concluded...more

Who Is Winning the Securities Class Action War—Plaintiffs or Defendants? (Part III)

This is the third of a three-part post that analyzes why plaintiffs are winning the securities class action war and what defendants can do about it....more

A Common Interest Agreement May Not Be Worth the Paper It’s Written On

by Wilson Elser on

It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications. The agreements are expressions of intent that the communications will be protected by the...more

Communications With Your Broker May Be Privileged

Are communications among a client, a third party, such as an insurance broker, and the client’s attorney privileged? The answer is yes, if the communications are confidential and reasonably necessary to accomplish the purpose...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES A.

by Field Law on

I. INSURANCE ISSUES A. Where an insurer has failed to afford a defence to its insured and the insured is successful in bringing proceedings to enforce the insurer’s obligations, the court can and will award the insured a...more

Contra Proferentem Doesn’t Always Mean ‘Against the Insurer’

by Zelle LLP on

Despite best efforts, ambiguities are inevitable in contracts. The doctrine of contra proferentem shifts the risk of ambiguity to the party that drafted the contract. The doctrine is frequently applied against insurers where...more

Latest Developments in Arbitration for the Construction Law Practitioner

by Jackson Walker on

G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the...more

“Cooperation is Key” – Second Circuit Affirms Employer’s Ability to Fire an Employee for Refusal to Cooperate In an Internal...

by Kelley Drye & Warren LLP on

In 2004, as then NY Attorney General Elliot Spitzer focused his efforts to root out fraud in an insurance brokerage giant, Marsh & McLennan, two Marsh executives, William Gilman and Edward McNenney, were caught in his...more

The Department of Labor’s 2016 Final Fiduciary and Conflict of Interest Regulations: The Principal Transactions Exemption

This post continues our examination of the Department of Labor’s suite of final fiduciary and conflict of interest regulations. Our prior posts discussed the newly expanded definition of “investment advice fiduciary” and the...more

Insurance Broker Had No Duty to Inform Security Company Insured of Change in Exclusion Language for Alarm Systems

by Hinshaw & Culbertson LLP on

Schlossberg v. B.F. Saul Insurance Agency of MD, Inc., Case No. GJH-13-3076 USDC (Dist. of Maryland, Southern Div.) December 8, 2015 - Plaintiff was the bankruptcy trustee for DTM, a company that provided security guards...more

Contractual Assignees Are Not Subject To Equitable Subrogation Rule Of Superior Equities

In AMCO Ins. Co. v. All Solutions Ins. Agency (No. F070038, filed 2/8/16), a California Court of Appeal held that claims against an insurance broker for failure to procure requested coverage are assignable, and that express...more

UK Regulators Take Action against Three Firms and Five Individuals for Insurance Scheme Failures

by Shearman & Sterling LLP on

The Financial Conduct Authority banned Mr. Shay Reches from performing any function in relation to a regulated activity and fined him £1,050,000. Mr. Reches also agreed to pay £13,130,000 to three insurers, which amount, if...more

Skirmishes Along The Cyber Coverage Frontier: Hotel Monteleone And Lloyd’s Of London Fight Over PCI-Related Losses After Data...

by King & Spalding on

While the market for specialty cyber insurance policies has heated up considerably over the past few years, a good deal of uncertainty still affects the market as the scope of these newly-minted policy provisions remains...more

UK Financial Regulatory Developments - January 2016 #3

by Dentons on

FCA publishes pensions report - FCA has published its Retirement Income Market Data report for the period of July to September 2015. It covers: - choices made by consumers accessing their pensions; -...more

New York Federal District Court Dismisses Third Party Claim Against Insurance Brokerage Service

by Carlton Fields on

In what the court termed a “risk-free reinsurance scheme [that] proved anything but,” a New York federal court dismissed a third-party claim against the insurance brokerage service that put the two parties to the insurance...more

Illinois Court Leaves Former Employer Without Remedy After Invalidating Its Overly Broad Restrictive Covenants

Just days before Halloween, the Illinois Appellate Court sent a scary message to employers: We will not enforce or judicially modify your overly broad restrictive covenants! In AssuredPartners, Inc. v. Schmitt, No. 13 CH...more

Provide Notice (and 10 Other Tasks) When Pursuing a Construction Claim

by Burr & Forman on

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you...more

5th Circuit Affirms the Dismissal of Federal Antitrust Claims Against Insurance Broker on McCarran-Ferguson Act Grounds While...

by Baker Donelson on

On September 23, the Fifth Circuit Court of Appeals issued its opinion in Sanger Insurance Agency v. HUB International, affirming the dismissal of plaintiff's federal antitrust claims based upon the McCarran-Ferguson Act (15...more

British Columbia Toughens Expectations Related to Creditor’s Group Insurance

British Columbia’s Financial Institutions Commission (FICOM) has issued Information Bulletin INS-15-002?, which sets out FICOM’s expectations for insurers, exempt sellers and creditors regarding creditor’s group insurance...more

Insurance Focus: Complaints Management by Insurance Intermediaries

by DLA Piper on

On 1 September 2015, IVASS (namely, the Italian Insurance Supervisory Authority) published the draft decision on complaints management by insurance intermediaries, bound to amend and integrate the well known Regulation No. 24...more

Are Insurers Engaged in Deceptive Practices and Illegal Pricing? If so, what can be done about it?

by Nossaman LLP on

We wish to call attention to a disturbing trend, that even in the highly regulated field of personal lines coverage, homeowners and auto policies, the insurance industry is engaged in courses of conduct designed to write...more

A Summary of Predicted Litigation Under the DOL’s Proposed Fiduciary Rule

by Carlton Fields on

The Department of Labor’s recent Proposed Rule, which defines the term "fiduciary" as it applies to persons who provide "investment advice" to ERISA plans and IRAs, will impact the likelihood and severity of fiduciary...more

Courts Continue to Catalogue Client and Lawyer Agents Outside Privilege Protection

by McGuireWoods LLP on

Under the majority view, the only client agents/consultants inside privilege protection are those essential for the client-lawyer communications. Although courts take a more varied view of lawyer agents/consultants, many...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

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