Insurers

News & Analysis as of

As Fear of Ebola Widens, Corporate Policyholders Seek To Prevent Loss While Insurers Seek To Exclude Loss

In response to the widespread fear of Ebola, at least one insurance company is seeking to protect itself from potentially significant financial loss in the event Ebola continues to spread beyond Africa by adding...more

NY Court of Appeals wrestles with whether insurer that responds to tendering insurer instead of to purported additional insured...

On 10/22/14, the Court of Appeals heard argument in Sierra v. 4401 Sunset Park. The Court had granted Scottsdale leave to appeal from the Second Department’s ruling that Scottsdale’s disclaimer to GNY, which had tendered an...more

Financial affairs structure dodges a “related entities” exclusion

The Queensland Supreme Court recently delivered a judgement demonstrating how an exclusion intended to exclude claims from which the Insured may benefit directly or indirectly did not do its work due to the way in which the...more

New Jersey Appellate Court Keeps “Running Spigot” Open on Allocation of Defense Costs Under Non-Eroding-Limit Fronting Policies...

New Jersey’s Appellate Division recently affirmed each of several challenged rulings rendered in a long-running coverage dispute between plaintiff IMO Industries and its many historical insurers arising from asbestos...more

Cyber coverage: mind the gap

This alert identifies a number of important themes in the growing area of exposure to cyber risks and offers advice on how to negotiate the new array of insurance coverage on the market....more

TCPA Connect - October 2014

9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more

The Expansive Definition of "Accident" under the SABS

A recent decision by the Financial Services Commission of Ontario further widens the net of what is considered an “accident” for the purposes of the Statutory Accident Benefits Schedule ("SABS")....more

Insurance Recovery Law -- October 2014 #2

Court’s Decision Prompts Policyholders to Seek Defense Quickly or Risk Awaiting Conclusion of Coverage Action to See Reimbursement - Why it matters: A policyholder who does not act promptly to seek advancement...more

Ohio Department Of Insurance Identifies Requirements For Domestic Insurers To Take Credit For Ceded Insurance On Financial...

The Ohio Department of Insurance requires that Ohio domestic insurance companies taking credit for ceded insurance on their financial statements to comply with certain statutory conditions, including requiring that the...more

Does an Insurer Commit “Bad Faith” by Refusing to Settle Your Case?

Barry P. Goldberg is regularly asked whether an insurer is committing “bad faith” by failing or refusing to settle a case. Most accident victims do not realize that the “at fault” party’s insurer really owes virtually no duty...more

Is It Still Privileged? An Insurer’s Disclosure Of Information To Its Reinsurers And Brokers Waives Privilege … Sometimes.

A federal district court recently held that an insurer waived any claim of attorney-client or work product privilege when it disclosed otherwise potentially privileged information to its reinsurers and to its broker. In doing...more

Business Interruption Insurance for Ebola – Managing Risk for Hospitals and Healthcare Providers

William Gallagher Associates, a Boston-based insurance broker, has announced the rollout of a new policy to cover Ebola-related losses at hospitals and other healthcare providers involved in primary care emergency treatment. ...more

Ninth Circuit Holds That Provider Cannot Sue Nonsignatory Insurer for Breach of Contract

On October 10, 2014, the Ninth Circuit affirmed a grant of summary judgment in favor of Manatt client The MEGA Life and Health Insurance Company. In an unpublished memorandum opinion, the Ninth Circuit held that a health care...more

Arrival of Ebola Virus Prompts Policyholders to Assess Insurance Coverage

With news of the Ebola virus arriving in the United States, many companies are moving quickly to protect the health and safety of their employees and customers. At the same time, some insurance providers have already...more

FIO Focus, No. 64: Financial Stability Board Issues Insurance-Specific Guidance on Key Attributes of Effective Resolution Regimes

On October 15, 2014, the Financial Stability Board (FSB) issued guidance on the Key Attributes of Effective Resolution Regimes for Financial Institutions (Key Attributes). The Key Attributes, initially adopted by the FSB in...more

Financial Cost of Ebola Crisis Sparks Insurance Coverage Questions

Ebola has become a worldwide crisis. It has ravaged Liberia and other West African countries. It has been diagnosed in Europe. And, cases are now being reported in the United States. While the cost to human life is...more

Just the Fax: Illinois Appellate Court Concerned That TCPA Settlement Between Insured and Class Action Plaintiffs May Be Collusive

An all too familiar scenario: an insurer believes there is no coverage for a claim, but has a duty to defend its insured. In these situations, an insurer often pays for the insured’s independently-selected defense counsel and...more

Pennsylvania Court Recognizes That A Payment Required By Law Is Not A “Voluntary Payment” Requiring The Insurer’s Consent

If you are required by law to perform an act, the act is not “voluntary.” This proposition may seem obvious enough to most, but one insurer recently needed to be reminded of this common sense point by a Pennsylvania federal...more

Louisiana Court Finds In Favor Of Insurer On Standard Flood Insurance Policy Claim

In Parr v. Allstate Ins. Co., 2014 U.S. Dist. LEXIS 146372 (E.D. La., October 14, 2014), the court analyzed the amount payable on a flood insurance claim sustained by Rickey Parr to his house during Hurricane Isaac. Parr had...more

Is that Covered? Reservation of Rights Letter

If your client is sued, one immediate task is to determine if there is insurance coverage for the claim(s). If you submit the claim to an insurance company, Pennsylvania law requires that it acknowledge receipt of the claim...more

California District Court Errs in Dismissing Insurer’s Equitable Reimbursement Claim without Leave to Amend

In the contentious matter of Travelers Indemnity Company of Connecticut, et al. v. Centex Homes, et al., 2014 U.S. Dist. LEXIS 115598 (E.D. Cal. 2014), the Eastern District of California recently reconsidered its July 30,...more

IMO Industries Tackles New Jersey Law on Host of Insurance Coverage Issues

On September 30, 2014, New Jersey’s Appellate Division ruled on a bevy of insurance coverage issues in the long-tail liability context, including exhaustion of primary policies, application of policy limits to multi-year and...more

California's Prop 45: Sticking it to "the Man" or to the People?

Continuing our series covering the various measures Californians will see on the 2014 midterm election ballot, we now turn to Proposition 45, or the Public Notice Required for Insurance Company Rates Initiative....more

U.S. District Court Judge Bars Plaintiff’s Individual Disability Claims in Their Entirety by Application of the Doctrine of...

In the Eastern District of Pennsylvania, applying the doctrine of collateral estoppel, a judge adopted the Report and Recommendation of her magistrate judge and granted an individual disability insurer summary judgment on its...more

AGCM - IVASS: memorandum of understanding on consumer protection

On 7 October 2014 the Italian Competition Authority ("AGCM") and the Italian Insurance Authority ("IVASS") signed a Memorandum of understanding concerning the consumer protection on the insurance market ("Memorandum"). The...more

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