News & Analysis as of

Insurance Contracts

Raising a Paw to Recent Animal Law Efforts in Maryland

by Pessin Katz Law, P.A. on

Whoever said that a diamond is a girl’s best friend never had a dog. Within the first few minutes of every conversation, professional or personal, the person I am speaking with always casually, or sometimes intentionally,...more

First Look - Summer 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

The first step in any coverage analysis is determining who is an insured. Sounds easy, right? Not necessarily. As commentators have noted, “[t]here is a distinction between a ‘named insured’ and an ‘insured.’” Indeed, another...more

DOL to Propose Extension of Fiduciary Rule Transition Period

by Morgan Lewis on

The proposal is expected to delay additional conditions of exemptions from January 1, 2018 to July 1, 2019, but the ultimate length of delay will not be clear until the DOL publishes a final rule....more

D&O Insurance Tips: Purchasing and Maximizing Coverage

by GB&A Insurance on

Aside from insurance executives themselves, insurance is not a topic that raises excitement among directors and officers. In fact it may feel more like necessary torture. Applications with The same never-ending questions,...more

FINRA Public Offering Proposal Excludes All Insurance Contracts

by Carlton Fields on

For the first time since 2004, FINRA has proposed major amendments to its requirements that govern the terms of the underwriting arrangements for most public offerings of securities and mandate that such arrangements be...more

Florida Should Move Away From Lex Loci Contractus

by Zelle LLP on

All litigators know choice of law issues can be complex, fact-intensive and outcome determinative. This is particularly true in cases involving subject matters where the individualized state laws are so divisive, which is the...more

Conditions Precedent to Liability in Insurance Contracts - Part One

by Cozen O'Connor on

Conditions Precedent — The Traditional Position - English insurance law has traditionally provided a suite of uniquely powerful remedies to protect underwriters. They included (a) the remedy of complete avoidance...more

Ransomware: Assessing & Crafting Coverage

by GB&A Insurance on

When it comes to cyber risk insurance, coverage for ransomware related claims is an important component. And with ransom attacks on the rise, it’s more important than ever. But organizations need to be careful not to develop...more

CAR Insurance: Insuring the Works vs Insuring the Owner's Property

by White & Case LLP on

For the purposes of insuring construction and engineering projects, there is a critical and sometimes overlooked distinction between insuring the works carried out under the contract, and insuring the underlying property of...more

The Polish regulator’s position on insurance companies publishing their standard contracts on their websites

by Hogan Lovells on

Based on the new regulation in the Polish insurance market that entered into force on 1 January 2016, the general terms and conditions of insurance (“GTC“) as well as other standard contracts must be published by insurers on...more

The Future of Discretionary Clauses in California Life and Disability Insurance Agreements

by McDermott Will & Emery on

On May 11, 2017, the United States Court of Appeals for the Ninth Circuit reversed a district court ruling, and upheld a California law that invalidates a plan provision that assigns the final determination on benefit payout...more

Grounding Deferential Review in California – No Preemption for Discretionary Clause Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision with wide ranging implications, the Ninth Circuit has ruled that a discretionary clause in an employer drafted plan document is subject to, and invalidated by, California’s insurance...more

Time Is Money: A Remedy for Delay in Settlement of Commercial Insurance Claims in the UK?

by Jones Day on

Section 13A of the Insurance Act 2015 ("Section 13A") implies a term into insurance policies issued or varied after that date that requires insurers to settle claim sums due within a "reasonable time". This new provision...more

French Legal and Regulatory Update – March 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for March 2017. Please see full...more

A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs

by Carlton Fields on

Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a...more

Italy: IVASS once again shines a spotlight on PPI policies

by Hogan Lovells on

After one year from the last coordinated intervention of IVASS and the Bank of Italy in this sector aimed at better protecting policyholders/borrowers, IVASS issued a new letter to the market addressed to insurance...more

Mexico: CONDUSEF issues rules for registration of adhesion contracts

by Hogan Lovells on

The National Commission for the Protection and Defence of Users of Financial Services (CONDUSEF) recently issued the General Provisions for the Registration of Insurance Adhesion Contracts, which regulate the organisation and...more

CPP Disability Benefits: To Deduct or Not to Deduct

by Field Law on

The standard form SEF 44 endorsement (The Endorsement) was recently interpreted by the Supreme Court of Canada in the case of Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7. The Endorsement indemnifies an...more

Chris Lazarini Comments on Ambiguity in Insurance Policy - Thought Leadership - Bass Berry

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented a case in which a broker-dealer claimed the term "final judgment" in its insurance policy was ambiguous and should be construed against its insurance carrier, as is typical...more

California Supreme Court Leans in Favor of Treating Defense Bills as Privileged Communications

by Farella Braun + Martel LLP on

On October 6, the California Supreme Court heard oral argument in Los Angeles Board of Supervisors v. Superior Court, a case that we have blogged about twice in the past because of its possible impact on policyholders...more

The Insurance Act 2015: Complying with the duty to make a fair presentation and contracting out of the new Act

by Reed Smith on

The Insurance Act 2015 (the new Act) came into force on 12 August 2016 and introduced major changes in English law in relation to insurance and all forms of reinsurance. We drew attention in a previous alert to the key...more

Eleventh Circuit Finds Mere Existence Of Insurance Contract Satisfies Condition Precedent To Action For Double Damages Under The...

The Eleventh Circuit Court of Appeals recently held that a private insurance company/PART C Medicare Advantage Organization (MAO) may sue a Personal Injury Protection (PIP) insurance carrier for reimbursement of medical...more

Tropical Storm Hermine | A Quick Reference Compliance Guide to Adjusting Storm Related Claims in Florida

by Zelle LLP on

..Once a wind storm is named as a hurricane by the National Weather Service, and a warning or watch for any part of Florida is issued, all wind losses in the state from that time until 72 hours after the last warning or watch...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

Missouri Court Of Appeals Finds Facultative Reinsurance Agreement Between Parties Was Truly A Liability Insurance Contract Which...

by Carlton Fields on

Although the parties had entered into what they called a Facultative Reinsurance Agreement (“FRA”), the Missouri Court of Appeals determined the agreement was a contact of indemnity against liability, and thus, pursuant to...more

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