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July 30, 2014 10:15 AM | Permalink |
August 19, 2014
12:00 PM EST

In a fast-paced debate based on a management liability hypothetical, our panel of experienced insurance industry insiders will discuss multiple issues and precedents typically arising in duty to advance cases.  read more
July 29, 2014 3:05 PM | Permalink |
Nicholas Secara
Today, the NCAA reached a preliminary $75 million settlement for the various concussion-based class actions that were consolidated in In Re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigationread more
July 21, 2014 8:38 AM | Permalink |
Martin Whittle
We have previously reported on the Law Commission and Scottish Law Commissions’ review of insurance contracts law (see our blog here). The Insurance Bill (the Bill), introduced to Parliament on 17 July 2014, contains the latest proposals to revise the law in this area (to view the latest Bill click here).  read more
July 18, 2014 3:22 PM | Permalink |
Zachary Lerner
On July 17, 2014, the Senate passed the Terrorism Risk Insurance Program Reauthorization Act of 2014, extending the original Terrorism Risk Insurance Act (“TRIA”) for an additional seven years. If the bill is ultimately signed into law, it will mark a victory for Senator Schumer, who introduced the original version of the bill in April of this year, as well as many industry participants who have been advocating for an extension of TRIA in order to provide clarity and stability with respect to terrorism risks.  read more
July 18, 2014 2:26 PM | Permalink |
Edwards Wildman's Les Levinson will be moderating the "Ins & Outs of Health-Care Acquisition Financing," webcast hosted by Irving Levin Associates, Inc. on August 7, 2014.  read more
July 17, 2014 10:30 AM | Permalink |
Nicholas Secara
Insurance industry professionals and attorneys are closely following the most recent concussion-based litigations as they proceed through state and federal courts. In the aftermath of such class actions—which have and likely will continue to result in settlements or awards at least in the hundreds of millions of dollars—the focus shifts to the policies of insurers and reinsurers and whether those policies provide coverage for the underlying claims.  read more
July 16, 2014 3:32 PM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "CMS Proposes Changes to the Home Health Face-to-Face Encounter Requirement" and "Sunshine Act Dispute Review Process Now Open".  read more
July 11, 2014 8:43 AM | Permalink |
Alexander Henlin
A New York federal court recently held that the timeliness requirement of Section 3420(d)(2) of the New York Insurance Law does not apply to an insurer’s reservation of rights letter. The decision is helpful for carriers that write liability insurance in New York because it delves into the circumstances in which carriers may (and may not) be found to have waived the right to assert certain coverage defenses under Section 3420(d)(2).  read more
July 10, 2014 8:10 AM | Permalink |
Sam Tacey
In Tokio Marine Europe Insurance Limited v Novae Corporate Underwriting Limited [2014] EWHC 2105 (Comm), Mr Justice Field granted an application by Tokio Marine Europe Insurance Limited (Tokio) for summary judgment, holding that a defence raised by Novae Corporate Underwriting Limited (Novae) that the underlying settlement was entered into without the insured having taken all proper and businesslike steps had no reasonable prospect of success.  read more
July 2, 2014 8:38 AM | Permalink |
Kimberley Cottrell
On 27 June 2014, the High Court of Justice of England and Wales sanctioned the solvent scheme of arrangement made by J.K. Buckenham Limited and its Scheme Creditors pursuant to Part 26 of the Companies Act 2006 which was voted on and approved by the Scheme Creditors during the meeting held on 4 June 2014.  read more
June 24, 2014 3:33 PM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "FDA Issues Draft Guidance for Medical Device Data Systems," "St. Luke's Cannot Delay Divestiture of Physician Group," and "CMS Soon to Release New ACO Rule."  read more
June 23, 2014 1:36 PM | Permalink |
Theodore Augustinos and Karen Booth, members of Edwards Wildman's Privacy & Data Protection Practice Group, discuss major amendments to Florida’s breach notification statute.

On Friday, Florida Governor Rick Scott signed the Florida Information Protection Act of 2014 (SB 1524, the “Act”) into law, amending Florida’s breach notification statute effective July 1, 2014.  The amendments are significant and will increase compliance obligations and risks to businesses that collect personal information of individuals “in Florida.”  read more
June 23, 2014 9:41 AM | Permalink |
We previously reported on the Law Commission and Scottish Law Commissions’ (the Commissions) review of insurance contract law and the draft Insurance Contracts Bill (the Bill) published in May 2014 (see our blog here). The Commissions have published a further draft of the Bill and draft Explanatory Notes which will accompany the Bill if and when the Bill is enacted (to view the Bill click here and to view the draft Explanatory Notes click here).  read more
June 20, 2014 1:11 PM | Permalink |
Alfred Kritzman
Coming on the heels of a recent NATO report that Russia is again massing troops near its border with Ukraine, the Office of Foreign Asset Control, part of the United States Treasury Department, announced the following new additions to the Specially Designated National List under its Ukraine-Related Sanctions Program:  read more
June 17, 2014 8:06 AM | Permalink |
Paul Dwyer, Benjamin Davis
A growing number of states have adopted so-called “matching” regulations, requiring the replacement the undamaged items when the damaged items cannot be replaced in a way that achieves a reasonably uninform appearance, which may give rise to increased litigation in the coming years.   read more
The U.S. Securities and Exchange Commission (“SEC”) expanded its recent focus on cybersecurity by addressing the responsibilities of corporate boards. In statements made during a June 10 talk at the New York Stock Exchange, SEC Commissioner Luis Aguilar highlighted the significant exposure that cyber risks present to companies and charged corporate boards with ultimate responsibility for addressing cybersecurity risk.  read more
June 12, 2014 2:56 PM | Permalink |
Edwards Wildman's Privacy and Data Protection Group is pleased to announce that the newest edition of its White Paper, "Everyone's Nightmare: Privacy and Data Breach Risks," has been issued.  read more
June 2, 2014 10:52 AM | Permalink |
Martin Whittle
In Mitsui Sumitomo Insurance Co (Europe) Ltd and Anor v The Mayor’s Office For Policing And Crime [2014] EWCA Civ 682, the Court of Appeal has handed down a landmark decision on the recoverability of consequential losses under s2(1) of the Riot (Damages) Act 1886 (the “Act”).  read more
May 29, 2014 10:14 AM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "AHA Sues Over Delays In Appeals Process,” “OMB to Review Home Health Agency Conditions of Participation,” “White House Supports Current Cybersecurity Rules,” and “OIG Proposed Rules Would Expand Civil Monetary Penalty Authority and Exclusion Authority."  read more
May 28, 2014 7:51 AM | Permalink |
Kimberley Cottrell
Edwards Wildman have been instructed to act for J.K. Buckenham Limited (the Company) in relation to a scheme of arrangement which is the first of its kind (the Scheme). Under the Scheme, the Company will ask scheme creditors to give up their contractual rights against the Company, which has been in run off since 2007, in return for a replacement contract with its sister company, Howden Insurance Brokers Limited (HIBL).  read more
May 20, 2014 7:52 AM | Permalink |
We have previously reported on the Law Commission and Scottish Law Commissions’ (the Commissions) review of insurance contract law.  read more
May 19, 2014 7:44 AM | Permalink |
Jacquelyn Burke
In Catlin Specialty Ins. Co. v. Am. Superconductor Corp., 12-2314-BLS1 (Mass. Super. Ct. Jan. 29, 2014), Catlin sought a declaration of no coverage based on late notice, among other reasons.  read more
An act amending the Connecticut captive statute pursuant to Public Act No. 14-6 (the “Act”), reported here, has been signed by Connecticut Governor Dannel P. Malloy, and will take effect October 1, 2014.  read more
May 13, 2014 3:36 PM | Permalink |
Geoffrey Rosenblat
Massachusetts health officials announced last week that it will replace its health insurance exchange website. According to media reports, the current website has had difficulty implementing the federal health laws (i.e., Obamacare), because it was designed to comply with state health laws (i.e., Romneycare).  read more
May 13, 2014 8:03 AM | Permalink |
Alfred Kritzman
The Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury issued new Ukraine-Related Sanctions Regulations, 31 CFR part 589, to implement Executive Order 13660 of March 6, 2014 ("Blocking Property of Certain Persons Contributing to the Situation in Ukraine"), Executive Order 13661 of March 17, 2014 ("Blocking Property of Additional Persons Contributing to the Situation in Ukraine"), and Executive Order 13662 of March 20, 2014 ("Blocking Property of Additional Persons Contributing to the Situation in Ukraine").  read more
May 12, 2014 3:53 PM | Permalink |
Sam Tacey
The case of Milton Furniture Ltd v Brit Insurance Ltd [2014] EWHC 965 (QB) concerned losses suffered by the claimant (Milton) arising out of a fire at its premises in 2005. Milton sought indemnity for these losses under a policy underwritten by the defendant (Brit). Brit denied cover on the basis of breaches of two conditions precedent in the policy.  read more
On May 6, 2014, the Consumer Financial Protection Bureau (the “CFPB”) proposed an amendment to Regulation P (the “Proposed Amendment”) that would allow financial institutions that do not engage in certain types of information-sharing to largely cease mailing the annual consumer privacy notices required by the Gramm-Leach Bliley Act (“GLB”) if they post their privacy notices on their websites and meet certain other conditions.  read more
May 9, 2014 11:55 AM | Permalink |
Please join us on June 5, 2014 for our 13th Annual Half-Day Insurance and Reinsurance Complimentary Seminar being held in our New York Office. read more
May 9, 2014 11:43 AM | Permalink |
Edwards Wildman’s John D. HughesRobert W. DiUbaldo and Laura E. Bange will present a webcast hosted by West LegalEdCenter entitled: Insurer’s Duty to Defend Notwithstanding Coverage Defenses: Part 2 read more
May 8, 2014 10:53 AM | Permalink |
Edwards Wildman’s John D. HughesRobert W. DiUbaldo and Laura E. Bange will present a webcast hosted by West LegalEdCenter entitled: Insurer’s Duty to Defend Notwithstanding Coverage Defenses: Part 1 read more
May 7, 2014 2:16 PM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "CMS Issues Proposed Rules for Hospice and IPPS," "CMS Rejects Louisiana's Plan to Privatize State-Owned Hospitals" and "CMS to Roll Out Fingerprint Checks for Home Health."  read more
May 7, 2014 8:04 AM | Permalink |
Alfred Kritzman
Last week, the Office of Foreign Asset Control of the U.S. Department of the Treasury (“Treasury”) added seven high-ranking Russian government officials and 17 Russian business entities to the Specially Designated National and Blocked Person List (“SDN List”) pursuant to authorization granted by Executive Order 13661, the details of which we discussed previouslyread more
May 6, 2014 7:59 AM | Permalink |
Karen Booth
Public Act No. 14-6 (the “Act”), which would amend Connecticut’s captive law, has passed both the Connecticut State Senate and House of Representatives, and is on its way to Governor Malloy’s desk for signature.  read more
May 2, 2014 2:16 PM | Permalink |
Please join us on June 5, 2014 for our 13th Annual Half-Day Insurance and Reinsurance Complimentary Seminar being held in our New York Office.  read more
May 1, 2014 1:08 PM | Permalink |
Jacquelyn Burke
Earlier this week, the Second Circuit overturned Southern District Judge Shira Schiendlin’s earlier decision granting dismissal of the complaint by class action plaintiffs who had brought federal securities claims against Barclays after the LIBOR scandal broke.  read more
April 28, 2014 10:07 AM | Permalink |
Chris Finney
On 14 April 2014, the Council of the European Union approved the Omnibus II Directive.  read more
April 24, 2014 1:28 PM | Permalink |
Edwards Wildman's Robert W. DiUbaldo will participate on a panel hosted by Perrin Webinar entitled:  Sports Concussion Litigation- Latest NCAA and High School Research, Developments and Findings  read more
April 24, 2014 7:57 AM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "American Hospital Association Calls for Revamp of the ACO Programs" and "Connecticut AG Reports on the Effects of Health Care Provider Consolidation."  read more
April 22, 2014 8:51 AM | Permalink |
Chris Finney, Lianna Chan
In the case of (1) Mr Abraham Figurasin (2) Mrs Maricel Palo-Figurasin v Central Capital Ltd and Paragon Personal Finance Ltd [2014] EWCA Civ 504, the Court of Appeal dismissed Central Capital Limited’s appeal.  read more
April 22, 2014 8:39 AM | Permalink |
Laura Bange
In a decision issued on February 28, 2014 but published only recently, the Superior Court of Delaware addressed an issue of first impression and found that under New York law, horizontal exhaustion does not apply to excess insurance policies.  read more
April 21, 2014 11:44 AM | Permalink |
Zachary Lerner
On April 17, 2014, the President’s Working Group on Financial Markets (“PWG”) released its report (the “Report”) to Congress on the state of terrorism risk insurance, as required under the Terrorism Risk Insurance Act (“TRIA”).  read more
April 18, 2014 11:22 AM | Permalink |
On April 15, 2014, legislation was passed in Vermont enhancing the state’s captive law. H.563, known as “An Act Relating To Captive Insurance Laws And Accreditation Standards,” allows a “dormant” captive to maintain licensing status within Vermont.  read more
April 18, 2014 10:20 AM | Permalink |
Lori Basilico
The U.S. Department of Labor (“DOL”) has given final approval for Intel Corp. to use its Hawaii-based captive insurer to reinsure group term life insurance and accidental death and dismemberment policies issued by Minnesota Life Insurance Co.  read more
April 17, 2014 8:08 AM | Permalink |
New York’s latest budget agreement was announced on March 30, 2014 and includes a measure to provide the Department of Financial Services (“DFS”) with authority to issue licenses to title insurance agents for the first time.  read more
April 15, 2014 8:20 AM | Permalink |
Leo Spicer-Phelps
In Saville v Central Capital Limited [2014] EWCA Civ 337, the Court of Appeal upheld an appeal brought by a couple provided with insufficient payment protection insurance (PPI) sold in breach of the Insurance Conduct of Business Rules (the ICOB Rules).  read more
April 15, 2014 8:14 AM | Permalink |
The Texas Department of Insurance (TDI) has adopted new rules implementing provisions of the Texas Insurance Code that remove regulatory barriers for captives. The new rules go into effect on April 27, 2014.  read more
April 14, 2014 2:36 PM | Permalink |
In a letter addressed to the National Association of Insurance Commissioners, Benjamin Lawsky, Superintendent of the New York Department of Financial Services (the “DFS”), said the DFS will be issuing a regulation in the coming weeks that is expected to reduce the amount of reserves that life insurers must hold for future claims by 30% to 35%.  read more