News & Analysis as of

Insurance Industry Bonds

Paul Hastings LLP

An Eye on Insurance: Recent Developments in Insurance Regulation - UPDATED September 2024

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2024 has seen a significant amount of activity by state insurance regulators and the National Association of Insurance Commissioners (the “NAIC”) including the adoption of major revisions to the regimes governing investments...more

Cadwalader, Wickersham & Taft LLP

Lasting Excellence June 2024 - Insurance Companies in NAV, CLOs and Rated Feeders: Where Are We Now

If you are confused about the current state of play of insurance companies investing in CLOs, rated feeder structures and other NAV based loans, we are here to help. Let’s start with the basics: the National Association of...more

Bradley Arant Boult Cummings LLP

Breach vs. Default — What’s the difference?

The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. ...more

Bradley Arant Boult Cummings LLP

You Can Stand Under My Umbrella (by Clearly Manifesting It)

In Texas, many master service agreements (MSAs) related to the oil and gas industry typically contain provisions related to mandatory minimum insurance coverage and indemnity obligations. The Texas Supreme Court recently held...more

King & Spalding

NAIC Developments Affecting Insurer Investment Portfolios

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This bulletin discusses pending actions of the (a) National Association of Insurance Commissioners (NAIC) Valuation of Securities (E) Task Force (VOS Task Force) to address certain issues associated with insurer investments...more

Bressler, Amery & Ross, P.C.

New York DFS Adopts New Regulation Addressing the Treatment of Certain Bonds in a Domestic Insurer’s Investment Portfolio

Effective December 15, 2021 (and through the January 1, 2027 sunset date when the regulation will again be evaluated), the New York Department of Financial Services (“DFS”) adopted Regulation 172 (the “Regulation”), which...more

Eversheds Sutherland (US) LLP

Statutory Accounting Principles (E) Working Group to develop SSAP revisions incorporating principles-based bond definition

On August 26, 2021, the Statutory Accounting Principles (E) Working Group (SAPWG) of the National Association of Insurance Commissioners (NAIC) directed a new “43R study group” to continue work on a proposed principles-based...more

Pierce Atwood LLP

Under the Dome Special Edition: 2018 Supplemental Summary of New Maine Laws

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We are pleased to provide you with our 2018 Supplemental Summary of New Maine Laws resulting from the Second Special Session of Maine’s 128th Legislature, which adjourned sine die on Thursday, September 13, 2018. The general...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes "Common and Usual Meaning" Interpretation of Insurance Contracts

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which UBS Puerto Rico sought to overcome its insurance carriers' refusal to defend and provide coverage for two civil actions, settlements with the SEC and FINRA...more

Eversheds Sutherland (US) LLP

NAIC Report: 2017 Summer National Meeting

The National Association of Insurance Commissioners (NAIC) met in Philadelphia, Pennsylvania for the 2017 Summer National Meeting from August 5-9. Commissioners, staff and interested parties alike converged in Philadelphia...more

Carlton Fields

Bankruptcy Court Requires An MF Global Holdings Bermuda Reinsurer To Post $15 Million Bond Before Deciding Motion To Compel...

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In the most recent decision in an ongoing dispute between MF Global Holdings Ltd. and its (re)insurers, the Bankruptcy Court for the Southern District of New York ordered Allied World to post a $15 million bond before the...more

Carlton Fields

Update On Liquidation Of The Home Insurance Company

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The New Hampshire liquidation court approved the commutation, settlement, and release agreement between The Home Insurance Company (liquidating) and Pennsylvania Manufacturers Association Insurance Company (PMAIC). The...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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A collection of corporate heavy hitters are betting big on the blockchain technology behind bitcoin rival Ethereum to build a computing system to track data and financial contracts. The project is seen by some as a way to...more

Carlton Fields

Southern District Of Indiana Determines Parties’ Dispute Regarding Nonpayment Of Bond By Sureties Was Not Within The Scope Of...

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In order to be arbitrable, a dispute must fall within the scope of the parties’ operative arbitration agreement. Here, a non-signatory to the relevant agreement was seeking to “invoke an arbitration provision that was not...more

Pullman & Comley, LLC

Point of Interest: Sixth Circuit Complicates Sureties’ Duty Of “Good Faith”

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A hefty body of law declares that “suretyship is not insurance,” and so that sureties are not subject to claims for the tort of insurance bad faith. E.g., Upper Pottsgrove Township v. Internat’l Fidelity Ins. Co., 976...more

Robins Kaplan LLP

Your daily dose of financial news The Brief – 4.8.16

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The Deal Professor looks back on a wild week of “deal busting” that saw the government [often in the form of Treasury Secretary Jack Lew] put the hurt on Pfizer/Allergan and Halliburton/Baker Hughes alike – NYTimes... ...more

Carlton Fields

Arise and Exclude: Artful Pleading Fails to Circumvent Contractual Liability Exclusion

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It’s not uncommon for plaintiffs to couch their pleadings in terms that attempt to avoid exclusions in defendants’ liability coverage. The plaintiffs in Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh,...more

Robinson+Cole Class Actions Insider

Ascertainability in Class Actions: Second Circuit Weighs In

Ascertainability has been a hot topic in class action appeals recently. The Third Circuit recently clarified its ascertainability standard (see my April 20 blog post). The committee considering potential Rule 23 amendments is...more

Carlton Fields

$84 Million Settlement in Northwestern Mutual Annuity Class Case

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March 26 marked the beginning of the end for the storied 14-year litigation concerning Northwestern Mutual Life Insurance Pre-MN annuities when the Eastern District of Wisconsin granted preliminary approval of a proposed...more

Carlton Fields

NAIC Considers Proposal Which Might Expand The Market For Cat Bonds Among Life Insurance Companies

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At the November 17, 2014 meeting of the Valuation of Securities Task Force of the NAIC’s Financial Condition (E) Committee, a proposal was received from the North American CRO [Chief Risk Officers] Council to modify the...more

Eversheds Sutherland (US) LLP

Required Summer Reading: Guidance Issued on the Tax Treatment of Guaranteed Minimum Benefit Hedges and Identified Mixed Straddles

The Treasury and the IRS offered two pieces of highly anticipated guidance on July 18 that are particularly relevant to the life insurance industry. ...more

K&L Gates LLP

New York Appellate Court Clarifies Fidelity Bond "Direct Loss" Requirement

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In a unanimous July 16th decision, the New York Appellate Division held that MF Global, Inc.’s loss sustained on account of the commodities trading activities of its employee was a “direct financial loss” under MF Global’s...more

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