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Insurance Updates

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Equifax Lax About Hacks, Says Shareholder Lawsuit

by Locke Lord LLP on

In early September, Equifax disclosed a now well-known data breach that ultimately affected a reported 146 million customers in the United States. The breach allegedly occurred in May 2017, as a result of an online security...more

Developing Cybersecurity Requirements in Banking, Insurance and Other Financial Services

by Locke Lord LLP on

The financial services industry has been dealing with requirements for cybersecurity since 1999, but 2017 brought new, significant, and proliferating obligations. The bar for the whole industry was clearly raised by the...more

Are We Covered by the EU GDPR? A Warning for U.S.-Only Businesses

by Locke Lord LLP on

All U.S. insurers need to pay attention to the new and comprehensive EU-wide privacy law known as the General Data Protection Regulation (GDPR), which takes effect on May 25, 2018. With its greatly expanded compliance...more

Insurers Brace for a Texas-sized Assessment for FAIR Plan Members

by Locke Lord LLP on

At its recent December 11th meeting in Corpus Christi, Texas, the Governing Committee of the Texas FAIR Plan Association (TFPA) is reported to have approved an assessment for its insurance company members of over $64 million...more

Memo to Massachusetts Employers for 2018 and 2019: How Not to Comply with the EMAC New Rules

In a November 20, 2017 post, we reported on Massachusetts’ passage of H. 3822, “An Act Further Regulating Employer Contributions to Health Care,” (the “Act”), the purpose of which is to shore up the finances of the...more

Who Is Insured, What Is Insured and Why Makes a Difference

by Nexsen Pruet, PLLC on

What do the Moody Blues and an insurance policy have in common? It boils down to this: Say what you mean and mean what you say. The District Court of South Carolina recently reminded us of the importance of the terms of...more

Illinois Appellate Court Recognizes Common Interest Exception to Waiver of Privilege Rule

by Foley & Lardner LLP on

On December 7, 2017, an Illinois appellate court held that co-defendants in a case who agree to share information pursuant to their common interest in defeating their litigation opponent do not waive either the...more

First Circuit: The Best Offense Is A Good Defense?

by Carlton Fields on

In Mount Vernon Fire Ins. Co. v. VisionAid, Inc., No. 15-1351P2-01A (1st Cir. Nov. 15, 2017), the First Circuit Court of Appeals ended long-running insurance coverage litigation arising from policyholder VisionAid, Inc.’s...more

Ninth Circuit Issues Mixed-Bag Decision On Punitive Damages In Insurance Bad-Faith Case

The Ninth Circuit recently issued an unpublished memorandum opinion reducing a $2.5 million punitive award against GEICO to $1,064,282.44—four times the compensatory damages—in a Montana insurance bad-faith case. When it...more

Appeals Court: No Bad Faith For An Insurer’s Legitimate Exercise Of A Contractual Right Or Its Settlement Within The Policy Limit...

In a Rule 1:28 decision applying New Hampshire law, the Appeals Court affirmed the entry of summary judgment dismissing a doctor’s suit accusing her professional liability insurer of improper settlement of a claim without her...more

New York Court Rejects Insurer’s Defenses to Coverage for Asbestos Claims Arising Out of the Construction of the Original World...

by K&L Gates LLP on

On November 29, 2017, the New York Supreme Court issued an important ruling benefiting policyholders seeking insurance coverage for toxic tort claims. In American Home Assurance Company v. Port Authority of New York & New...more

American Insurance Association Urges NAIC to Create Regulatory “Sandboxes”

by Locke Lord LLP on

At the NAIC’s Innovation and Technology Task Force meeting held last week in Hawaii, the American Insurance Association (“AIA”) urged state insurance regulators to adopt legislation that would create “sandboxes” wherein...more

Court Awards Summary Judgment on Prior Knowledge Limitation of Professional Liability Policy

In Admiral Ins. Co. v. Superior Court (No. D072267, filed 11/21/17, ord. pub. 12/12/17), a California appeals court held that an application question about prior knowledge of facts that could give rise to a “malpractice...more

HUB enters the retirement plan space and it makes sense

by Ary Rosenbaum on

CVS just announced they are buying Aetna and a sign of further consolidation in the health care industry. We see consolidation in the retirement plan business so it’s not shocking to see a leading insurance broker decided to...more

An Arizona Insurer Owes No Duty to Pay the "Undisputed Amount" of a UM or UIM Claim

by Jaburg Wilk on

Although the Arizona Court of Appeals resolved this issue 20 years ago, I frequently see insureds' counsel argue that an insurer must pay the "undisputed amount" of a UM or UIM claim—and I just saw this argument last week—so...more

Seventeen Provisions to Watch in the Senate Tax Reform Bill

On December 2, 2017, the Senate passed a tax reform bill that differs in some key aspects from the tax reform bill the House approved on November 16, 2017. A House and Senate conference committee will begin work to resolve...more

Medicaid Expansion May Reduce Medical Divorce Rates

Medical divorce is a term coined some years ago to describe a divorce obtained for medical reasons. More specifically, according to an article by George Diepenbrock, researchers defined “medical divorce” as “an instance where...more

Behind the Curtain

by Locke Lord LLP on

In Golon, Inc. v. Selective Insurance Company of the Southeast, et al., a Pennsylvania federal court recently held that an insurer must produce information about its reinsurance program in an action in which the insured...more

Tennessee Supreme Court Rejects Efforts to Alter Existing Law on the Collateral Source Rule in Personal Injury Cases

Last month the Tennessee Supreme Court, in Dedmon v. Steelman, affirmed the long-standing collateral source rule in personal injury cases. As long as an injured plaintiff can establish that the medical expenses they incurred...more

Floodplains and Flood Risk: A Brief Overview of Changing Management Responsibilities

by Downey Brand LLP on

When it comes to how our communities address flood risk and protect populations and economies from flooding, no one government agency is in charge. Instead, there are multiple agencies at the federal, state, and local levels,...more

Insurance Commissions Approve Data Security Model Law

The National Association of Insurance Commissioners (NAIC) has approved its draft of the Insurance Data Security Model Law (Model Law) via a meeting of its Executive and Plenary Committees. This important development follows...more

Insurance Broker Series: Daniel Law, The Liberty Company Insurance Brokers, Inc.

by Farella Braun + Martel LLP on

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more

Ambulance chasing insurance claims adjusters

by Michigan Auto Law on

Laws protecting injured car accident victims in Michigan from ambulance chasing personal injury lawyers should also protect people from the claims adjusters who prey on the unsophisticated after a crash; settling cases for...more

Lyfting TNCs and On-Demand/Sharing Economy Companies Out of the Misclassification Abyss By Mandating Workplace Insurance in Driver...

by Benesch on

Unlike traditional motor carriers that transport cargo, many Transportation Networking Companies (TNCs), e.g., Uber and Lyft, and similar on-demand/sharing economy companies (On-Demand Companies), e.g., GrubHub (a food...more

Iowa And Virginia Insurance Regulators Adopt The NAIC’s Term Model Rules Governing Term And Universal Life Insurance Reserve...

by Carlton Fields on

Insurance regulators in Iowa and Virginia have adopted the NAIC’s Model Rules regulating term and universal life insurance reserve financing. The stated purpose of the rules is “to establish uniform, national standards...more

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