News & Analysis as of

Insurance Contracts

District Court Applies Texas Ban on Discretionary Clauses in Insurance Contracts

A federal district court in Louisiana upheld a Texas state law prohibiting insurers from granting themselves discretion to interpret benefit plans when deciding benefit claims. These so-called “discretionary clauses” are...more

Blog: High Court Confirms Position On Qualifications Of Arbitrators

by Cooley LLP on

In Tonicstar Limited v Allianz Insurance PLC & Ors [2017] EWHC 2753 (Comm) Mr Justice Teare confirmed that where an arbitration clause specifies that the arbitrators should have “experience of insurance or reinsurance”, it...more

“Pink Slime” Lawsuit Spins Off into Insurance Dispute

by Akin Gump - Excubitor on

Earlier this year, ABC News, through its parent company, reached a midtrial settlement with Beef Products Inc. in the now infamous “pink slime” lawsuit. Under South Dakota food libel statutes, damages in the case could have...more

Washington Administrative Law Judge: Zenefits’ Provision of Free Software to General Public Does Not Constitute an Improper...

• Washington Administrative Law Judge rules that Zenefit’s provision of free software to general public does not infringe on the state’s anti-rebate laws due to value it provides to Washington businesses; however,...more

Obligations of Insurer and Policyholder - October 2017

by Foley Hoag LLP on

Scope: The “Comparison Test” - The defense obligation arises when a defense is needed: at the outset of the suit. It follows that, unlike the duty to indemnify (which depends on the “true” facts as they are determined in...more

Avoiding the Storm After the Storm - 10 Things the Construction Industry Should Do Right Now to Move Projects Forward After Harvey...

by Dorsey & Whitney LLP on

Hurricanes Harvey and Irma once again have forced the construction industry to focus on best practices for responding to force majeure events. Now is the time to put into action an effective recovery plan with the aim of...more

Fourth Circuit Reverses Ruling That Reinsurance Agreement Is An “Insurance Contract” Under Virginia Law

by Carlton Fields on

Applying the doctrine of judicial estoppel, a district court refused to compel arbitration finding that the arbitration clause in a reinsurance agreement was unenforceable under a Virginia statute that voided a mandatory...more

Ninth Circuit Finds Plaintiff Entitled To Trial On Issue Of Whether An Arbitration Agreement Was Executed

by Carlton Fields on

Defendant provided the district court with copies of two contracts – a Reinsurance Participation Agreement and a Request to Bind – that were purportedly signed by Plaintiff’s CEO and contained arbitration clauses....more

Raising a Paw to Recent Animal Law Efforts in Maryland

by Pessin Katz Law, P.A. on

Whoever said that a diamond is a girl’s best friend never had a dog. Within the first few minutes of every conversation, professional or personal, the person I am speaking with always casually, or sometimes intentionally,...more

First Look - Summer 2017: Issues and Developments in Insurance Law

by Steptoe & Johnson PLLC on

The first step in any coverage analysis is determining who is an insured. Sounds easy, right? Not necessarily. As commentators have noted, “[t]here is a distinction between a ‘named insured’ and an ‘insured.’” Indeed, another...more

DOL to Propose Extension of Fiduciary Rule Transition Period

by Morgan Lewis on

The proposal is expected to delay additional conditions of exemptions from January 1, 2018 to July 1, 2019, but the ultimate length of delay will not be clear until the DOL publishes a final rule....more

FINRA Public Offering Proposal Excludes All Insurance Contracts

by Carlton Fields on

For the first time since 2004, FINRA has proposed major amendments to its requirements that govern the terms of the underwriting arrangements for most public offerings of securities and mandate that such arrangements be...more

Florida Should Move Away From Lex Loci Contractus

by Zelle LLP on

All litigators know choice of law issues can be complex, fact-intensive and outcome determinative. This is particularly true in cases involving subject matters where the individualized state laws are so divisive, which is the...more

Conditions Precedent to Liability in Insurance Contracts - Part One

by Cozen O'Connor on

Conditions Precedent — The Traditional Position - English insurance law has traditionally provided a suite of uniquely powerful remedies to protect underwriters. They included (a) the remedy of complete avoidance...more

CAR Insurance: Insuring the Works vs Insuring the Owner's Property

by White & Case LLP on

For the purposes of insuring construction and engineering projects, there is a critical and sometimes overlooked distinction between insuring the works carried out under the contract, and insuring the underlying property of...more

The Polish regulator’s position on insurance companies publishing their standard contracts on their websites

by Hogan Lovells on

Based on the new regulation in the Polish insurance market that entered into force on 1 January 2016, the general terms and conditions of insurance (“GTC“) as well as other standard contracts must be published by insurers on...more

The Future of Discretionary Clauses in California Life and Disability Insurance Agreements

by McDermott Will & Emery on

On May 11, 2017, the United States Court of Appeals for the Ninth Circuit reversed a district court ruling, and upheld a California law that invalidates a plan provision that assigns the final determination on benefit payout...more

Grounding Deferential Review in California – No Preemption for Discretionary Clause Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision with wide ranging implications, the Ninth Circuit has ruled that a discretionary clause in an employer drafted plan document is subject to, and invalidated by, California’s insurance...more

Time Is Money: A Remedy for Delay in Settlement of Commercial Insurance Claims in the UK?

by Jones Day on

Section 13A of the Insurance Act 2015 ("Section 13A") implies a term into insurance policies issued or varied after that date that requires insurers to settle claim sums due within a "reasonable time". This new provision...more

French Legal and Regulatory Update – March 2017

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for March 2017. Please see full...more

A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs

by Carlton Fields on

Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a...more

Italy: IVASS once again shines a spotlight on PPI policies

by Hogan Lovells on

After one year from the last coordinated intervention of IVASS and the Bank of Italy in this sector aimed at better protecting policyholders/borrowers, IVASS issued a new letter to the market addressed to insurance...more

Mexico: CONDUSEF issues rules for registration of adhesion contracts

by Hogan Lovells on

The National Commission for the Protection and Defence of Users of Financial Services (CONDUSEF) recently issued the General Provisions for the Registration of Insurance Adhesion Contracts, which regulate the organisation and...more

CPP Disability Benefits: To Deduct or Not to Deduct

by Field Law on

The standard form SEF 44 endorsement (The Endorsement) was recently interpreted by the Supreme Court of Canada in the case of Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7. The Endorsement indemnifies an...more

Chris Lazarini Comments on Ambiguity in Insurance Policy - Thought Leadership - Bass Berry

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented a case in which a broker-dealer claimed the term "final judgment" in its insurance policy was ambiguous and should be construed against its insurance carrier, as is typical...more

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