News & Analysis as of

Retroactive Application Insurance Industry

Wiley Rein LLP

Excess Insurer Cannot Challenge Payments by Underlying Carriers

Wiley Rein LLP on

A North Carolina federal court, applying North Carolina law, has held that an excess insurer may not challenge payments made by underlying carriers. The insured university faced separate lawsuits by two faculty members...more

Akin Gump Strauss Hauer & Feld LLP

California Insurance Commissioner Orders Premium Returns Due to COVID-19

- California Insurance Commissioner Ricardo Lara issued Bulletin 2020-3 requiring insurers to refund premiums to policyholders of several lines of insurance, including automobile insurance, workers compensation and property...more

Hinshaw & Culbertson - Insights for Insurers

California Orders Premium Refunds on Policies Exposed to Reduced Risk of Loss Due to COVID-19 Pandemic and Calls for Coverage...

We review two significant actions recently taken by the California Department of Insurance (the "Department") in response to the COVID-19 pandemic....more

K&L Gates LLP

OnRisk: Insurance for Cyber Risk in M&A Transactions - A HUB Talks Podcast

K&L Gates LLP on

Cyber due diligence is quickly becoming the “new normal” for buyers in M&A transactions as they seek to protect themselves against cyber risk. Cyber due diligence, however, is only part of the solution. Many sophisticated...more

Carlton Fields

A Constitutional Challenge to Florida's New Unclaimed Property Act Amendments

Carlton Fields on

In April, Florida amended its Disposition of Unclaimed Property Act (“Act”) to require life insurers to perform Death Master File (DMF) searches for all policies issued since 1992. The amended Act also provides that a DMF...more

Akerman LLP - Health Law Rx

Insurers Challenge Retroactive Application of New Florida Law that Requires Comparison of Names of Accounts to Death Master File

Amendments to the Florida Disposition of Unclaimed Property Act in 2016 made significant changes to unclaimed property presumptions and insurance company obligations. See § 717.107, Fla. Stat. (2016) (the Act). Among other...more

Zelle  LLP

Retroactive Application of New York's Proposed Anti-Concurrent Causation Bill Faces Uphill Battle

Zelle LLP on

If the recently proposed anti-concurrent causation bill in New York (Assembly No. A07455/ Senate No. S05581) is enacted, it is unclear what arguments will be made regarding its application. However, any arguments that the...more

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