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Issues to Watch

  1. Causation—What is an insured’s burden when the claimed loss involves a mix of covered and non-covered causes? Overstreet v. Allstate Vehicle & Prop. Ins. Co., No. 21-10462, 2022 WL 1579278 (5th Cir. May 19, 2022). This case involves a claim to replace a leaky roof. The insured claimed that the roof leaks were caused by a hailstorm, but the insurer determined that the leaks were due to uncovered causes, including wear and tear along with damage from prior hailstorms.

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Read More May 2022 Property Insurance Law Updates

Locke Lord’s Privacy & Cybersecurity Newsletter provides topical snapshots of recent developments in the fast-changing world of privacy, data protection, and cyber risk management. For further information on any of the subjects covered in the newsletter, please contact one of the members of our privacy and cybersecurity team.
Read More Privacy & Cybersecurity Newsletter – Spring 2022

On April 19, 2022, the New York Department of Financial Services (“NY DFS”) issued ‎Insurance Circular Letter No. 5 (2022) (the “Letter”). The Letter, entitled “Acquisitions of ‎Control and Disclaimers of Control”, was addressed to all New York domiciled insurers and ‎other interested parties. The purpose of the Letter is to remind insurance industry participates of ‎the requirements outlined under New York Insurance Code (“NY Ins. Code”) § 1506, which ‎requires NY DFS approval in connection with a change of control of an insurer. ‎…
Read More NY DFS Issues Circular Letter Addressing Acquisitions and Disclaimers of Control

On April 5, 2022, the Delaware Senate narrowly passed Senate Bill 231 (the “Bill”), which ‎would prohibit authorized insurers in Delaware from using gender, gender identity, or sex as a ‎rating factor in personal automobile insurance policies.
Read More Delaware Senate Passes Legislation That Would Ban the Use of Gender in Auto Insurance Premiums

The Illinois House of Representatives has passed a new bill, HB 5534, entitled the Insurance ‎Business Transfer Act (the “IL IBT Act”), to address the current significant limitations that are in ‎place concerning the sale and transfer of blocks of insurance.‎…
Read More Illinois House of Representatives Passes Insurance Business Transfer Act

On March 10, 2022, the UK government and the state of Connecticut entered into a formal ‎‎agreement, dubbed Project “InsurTech Corridor” (the “Project”), that is intended to remove ‎barriers to doing business as an insurtech in each jurisdiction.‎…
Read More Connecticut and the UK Create “InsurTech Corridor” Partnership

Governor Kathy Hochul signed a bill that clarified the provisions recently allowing for commercial risk policies of less than one year under New York Insurance Law Section 3426. The original amendments, enacted in December 2021, provided generally that commercial risk policies of less than one year may be written if requested by the insured and offered by the insurer.
Read More New York Clarifies Provisions Allowing for Policies Under One Year

On February 3, 2022, Delaware Governor John Carney signed Senate Bill 203 (the “Bill”) into ‎law, which allows corporations to purchase and maintain directors’ and officers’ (“D&O”) ‎liability insurance through captive insurance companies.‎…
Read More Delaware Corporations Can Now Purchase D&O Coverage Through Captives