A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more
On Dec. 13, 2024, New York Governor Kathy Hochul signed a bill integrating parametric insurance into the state’s existing legal framework for insurance products under the New York Insurance Law (“NYIL”). Assembly Bill A10344...more
In the early morning of March 26, the Singapore-registered container ship MV Dali, after losing power, collided with a main pier of the Francis Scott Key Bridge that spans the Patapsco River and the outer Baltimore Port in...more
On Jan. 17, the New York Department of Financial Services (“NYDFS” or “Department”) issued for public comment a proposed circular letter (“Circular”) for addressing the use of artificial intelligence systems (“AIS”) and...more
In this episode, Robert Tomilson and Scott Galla continue their discussion of anti-rebating statutes.
DISCLAIMER – No information contained in this Podcast or on this Website shall constitute financial, investment, legal...more
In this episode, Robert Tomilson and Scott Galla explore the purpose of anti-rebating statutes, regulations that bar insurance producers and agents from giving gifts or sharing commission.
DISCLAIMER – No information...more
In this episode of the Insurtech Briefly podcast, Robert Tomilson and Scott Galla explore the advantages and constraints on insurtechs using surplus lines as an entrance to the insurance market.
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In this episode, Robert Tomilson and Scott Galla briefly survey the nature, the use, and the success of embedded insurance, today and in the past. ...more
On this episode of Insurtech Briefly, Robert Tomilson and Scott Galla discuss the purpose of licensing for insurance intermediaries and what happens when a private company expands licensure requirements for lead generators. ...more
Welcome to Insurtech Briefly, where Clark Hill attorneys Robert Tomilson and Scott Galla talk innovations in the insurance industry. ...more
Insurance litigation stemming from COVID-19 has offered few jurisprudential surprises: exclusions were largely enforced, defense costs mostly paid. While policyholders almost immediately sued their insurers under a variety...more
Pennsylvania Insurance Department’s (Department) Commissioner, Jessica Altman, announced a new program encouraging insurtechs and carriers to bring innovative solutions and products to the insurance market. Keystone Smart...more
Starting on June 2, 2021, Google will restrict who can advertise health insurance to just government exchanges, first-party providers and licensed insurance producers. Promoters such as lead generators will need to obtain...more
The New York Department of Financial Services issued a cybersecurity fraud alert (“Alert”) to all regulated entities, particularly those utilizing public-facing websites that display nonpublic information (“NPI”), even if...more
On April 14, California Insurance Commissioner, Richard Lara, issued a Notice prohibiting any “insurer, insurance agent, broker or other Department licensee” from dissuading a policyholder from filing a claim under business...more
In response to COVID-19, Massachusetts, Illinois, Pennsylvania and a growing list of states have directed health insurance carriers to, among other things, relax cost-sharing and enhance telemedicine services. These...more
In times of crisis, individuals and corporations rightly turn to their insurance policies in the expectation of alleviating current and future loss. When doing so, they discover, for the first time, the policies’ exclusions,...more
States continue to implement insurance-specific cyber and data security regulations, drawing on either the National Association of Insurance Commissioners Insurance Data Security Model Law (“Model Law”) or the New York...more
State regulators continue to implement insurance-specific cyber and data security regulations, drawing on either the National Association of Insurance Commissioners Insurance Data Security Model Law (“Model Law”) or the New...more
As late as the 1980s, the vast majority of U.S. reinsurance arbitrations were handled in-house. An in-house lawyer from the cedent and reinsurer presented their respective cases at a day-long hearing before a panel of...more
On May 14, 2019, the European Commission announced a formal antitrust investigation into Insurance Ireland’s data pooling system to reconcile its guidelines and conditions against competition laws that prevent unfair...more
The New York Department of Financial Services (“DFS”) recently released guidance describing how a life insurer may use so-called “external data,” that is, data not directly related to an applicant’s medical condition, without...more
On January 8, 2019, a unanimous Supreme Court held that a court may not decide gateway issues of arbitrability where the parties’ contract explicitly provides for an arbitrator to decide those issues. ...more
1/11/2019
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Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
The U.S. House of Representatives passed the Self-Insurance Protection Act (H.R. 1304), on April 5, 2017, in an effort to preclude federal regulation of stop-loss insurance. This Act would not alter regulation of the current...more