Insurance Contracts

News & Analysis as of

Contra Proferentem in New York: A Last Resort for Resolving Ambiguity in Coverage Disputes

In insurance litigation, insureds often argue that, if a provision in an insurance policy is found to be ambiguous, that ambiguity should be resolved in favor of the insured, and against the insurer that drafted the contract,...more

Insurance carrier ending coverage of physicians under Medicare Advantage contracts

Physicians, healthcare providers, insurers and other interested parties should be aware that a large insurance carrier operating Medicare Advantage plans in Missouri and Illinois recently has begun terminating its...more

Assistant Treasurer releases draft regulations for insurance duty of disclosure notices

The Minister for Finance and Acting Assistant Treasurer, Senator the Hon Mathias Cormann, has released for consultation the draft regulations for the insurance duty of disclosure notices addressing the Insurance Contracts...more

Bet on David, Not Goliath - or Why Ambiguities in an Insurance Policy Favor the Insured

When does the little guy ever win a contract battle? When the contract is an insurance policy, of course! It's an age-old story played out in case after case: Ambiguous terms in an insurance policy will be strictly construed...more

S.C. Supreme Court Rejects Reasonable Expectations Doctrine as a Substantive Right

The S.C. Supreme Court declined to adopt the doctrine of reasonable expectations within the insurance coverage context in Bell v. Progressive Direct Insurance Co., Op. No. 27381 (S.C. Sup. Ct. filed April 9, 2014). Instead,...more

Arbitration Clause In Agreement Between Insured And Reinsurer Held Invalid Under Nebraska Law

A federal district court has held an arbitration clause in a Reinsurance Participation Agreement (RPA) between an insured and a reinsurer invalid and unenforceable under governing state law. The RPA complemented a standing...more

Maxwell v Highway Hauliers – Special leave granted

Readers of this blog will no doubt be aware of the litigation surrounding Highway Hauliers v Maxwell [2012] WASC 53 and Maxwell v Highway Hauliers [2013] WASCA 115. These judgments considered whether an insured was entitled...more

Don’t Lose Insurance Coverage Because You Fail to Provide Proper Notification

Most businesses have a variety of insurance coverage that they hope never to have to utilize. If and when the time does come to exercise one’s rights to the benefit of such a policy, however, the last thing any in-house...more

Feeling the Heat in Florida: Could Canadian Insurers Be Exposed to Florida’s Unfriendly Bad Faith Laws?

Could a Canadian insurer that only insures Canadian residents still be sued for bad faith in Florida for failing to performing certain duties that must be performed in Florida? A recent Florida intermediate appeals court...more

So Now, Finally, You Can Communicate And Transact With Customers Electronically! An Insurer’s Guide To The Uniform Electronic...

The changes to electronic communication introduced into the Insurance Contracts Act 1984 (“ICA”) by the Insurance Contracts Amendment Act 2013 (“ICAA”) mean that insurers are now able to take advantage of the provisions of...more

Insurance Focus: IVASS – Survey on the sale of insurance policies in conjunction with non-insurance products or services

On 30 October 2013 IVASS (the domestic regulator having supervisory authority over insurance undertakings and intermediaries) launched a survey on the sale of insurance policies (typically in the form of group policies) in...more

Texas Court Considers Application of Action Over Exclusion

In its recent decision in Preferred Contrs. Ins. Co. Risk Retention Group v. Oyoque Masonry, Inc., 2013 U.S. Dist. LEXIS 105386 (S.D. Tex. July 26, 2013), the United States District Court for the Southern District of Texas...more

Six Bits or Bust: Insurance Litigation over the 1906 San Francisco Earthquake and Fire

In 1906, California fire insurance policies excepted coverage of a variety of losses caused by earthquake. During and after their great tragedy of that year, San Francisco property owners wondered if their damages resulted...more

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

Hawaii Court Holds an Insurance Company Can Be Exposed to Bad Faith Even if It Did Not Issue a Policy

A recent Hawaii Supreme Court decision expands bad faith claims in that state, at least with regard to Joint Underwriting Program (JUP) claims. On June 7, 2013, the court issued its opinion in the Willis v. Swain case. ---...more

Insurance Contracts Act Reform - It's here at last! (Australia)

It started with the then Howard Government announcing a comprehensive review of the Insurance Contracts Act (Act) on 10 September 2003. Just shy of ten years later, and in the second last week of sittings before the election,...more

Inroducing the Insurance Contracts Amendment (Unfair Terms) Bill 2013 - (Australia)

Following on from our recent entry, the draft Insurance Contracts Amendment (Unfair Terms) Bill 2013 has now been released for public consultation. It aims to 'give consumers protection against unfair contract terms in...more

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

In this opinion, the Court of Chancery denied a motion for judgment on the pleadings by certain asbestos claimants (the “Claimants”) seeking appointment of a receiver under 8 Del. C. § 279, holding that the dissolved...more

State of Washington v. James River Insurance Company – What Impact on Bermuda Insurers?

The short answer is – none. State of Washington, Dept. of Transportation v. James River Insurance Company, – P.3d –, 2013 WL 258877 (Wash. January 24, 2013), a January 2013 decision of the Washington State Supreme...more

Washington Supreme Court: FAA Does Not Preempt State Law Prohibiting Arbitration Agreements in Insurance Contracts

The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more

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