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A federal district court in Illinois recently held that a “related wrongful acts” provision did not affect an insurer’s duty to defend even though the “wrongful acts” in question indisputedly “related” to wrongful acts that occurred prior to the policy’s retroactive date. …
Read More Illinois Federal Court: “Related Wrongful Acts” Provision Applies Only To Limits Of Liability And Does Not Limit Duty To Defend

Last week, the Australian Government passed legislation in response to the global financial crisis.  Of particular interest to insurers is the Financial System Legislation Amendment (Financial Claims Scheme and Other Measures) Bill 2008 (the “FCS Bill”), which is designed to assist policyholders should a general insurer become insolvent.  A general insurer is an insurer licensed to transact insurance business in Australia and includes foreign insurers. 

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Read More Australia Passes Financial Stability Package

On 24 September 2008, the High Court of Hong Kong sanctioned the transfer of the long-term business of Transamerica Occidental Life Insurance Company (“TOLIC”) carried on from Hong Kong to Transamerica Life Insurance Company (“TLIC”) which had established a Hong Kong branch for the purpose. …
Read More Hong Kong: Court Sanctions Transfer of Business of Transamerica Occidental Life Insurance Company

A Massachusetts state court recently found that a professional services exclusion applied to claims against a contractor for improper “siting” of a house. 

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Read More Massachusetts Court Finds That General Contractor’s Alleged Errors Fall Within “Professional Services” Exclusion In CGL Policy

The Chilean government recently announced that it will raise the capital gains tax rate applicable to foreign insurers, foundations and sovereign funds that operate in the country.  In a joint release, the Ministerios de Hacienda y Economia announced that the regulation will be sent to the Controlaria General this week. …
Read More Chile To Raise Capital Gains Tax Applicable To Foreign Insurers, Foundations and Sovereign Funds

The Ecuadorian government recently announced that, in light of the ongoing global financial crisis, it will step up its supervision of financial institutions in the country.  Ecuador’s Superintendent of Banks and Insurance, Gloria Sabando commented that, although the crisis is not expected to have an immediate impact upon Ecuador, it signals the need to take measures to avoid a future crisis in the country. 

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Read More Ecuador Will Reinforce Supervision Of Financial Companies In Light Of Global Crisis

Moore Stephens Insurance Industry Group has conducted a survey of UK insurers and intermediaries and has reported, somewhat alarmingly, that 40% of insurers have not incorporated Treating Customers Fairly (TCF) into their business strategy and only 50% of respondents are “extremely confident” that they will meet the FSA’s December 2008 deadline for compliance. …
Read More UK: Are Firms Ready to Treat Customers Fairly?

In a case that potentially raises substantial constitutional issues regarding rate-setting with respect to auto body repair labor rates, the Rhode Island Supreme Court granted petitions for a writ of certiorari filed by the Property Casualty Insurers’ Association of America (“PCI”) and the Department of Business Regulation (“DBR”) on October 9, 2008. …
Read More Certiorari Granted in Auto Body Labor Prevailing Rate Litigation