Troutman Pepper Locke
Treasury Secretary Paulson Selects Interim Head of Financial Rescue Program
Neel Kashkari has been named the interim head of the new Office of Financial Stability within the United States Department of Treasury. The Office of Financial Stability was created under the Emergency Economic Stabilization Act of 2008, previously discussed here. …
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Third Circuit Upholds Liability of PricewaterhouseCoopers in Ambassador Insolvency
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UPDATE: House Passes Revised Bailout Bill
Last Friday, the House of Representatives passed the Senate’s revised version of the $700 billion bailout bill, H.R. 1424, by a vote of 263-171. This was a significant turnaround from last Monday’s House vote of 205-228, which rejected the first version of the bailout bill. H.R. 1424 was signed into law by President Bush the same day. …
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Wisconsin Supreme Court Awards Nearly $1 Million Default Judgment Against Insurer That Failed to Timely Answer
In Otto v. Physicians Ins. Co. of Wisconsin Inc., 751 N.W.2d 805 (Wisc. 2008), a sharply divided Wisconsin Supreme Court affirmed a default judgment entered against an insurer for damages allegedly caused by its co-defendant insureds’ negligence, even though no finding had been made as to the insureds’ liability for the damages at issue. …
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Insane Act Can Be “Intentional” for Insurance Coverage Purposes
The Ninth Circuit federal court of appeals recently held that a person can commit an “intentional act” for insurance purposes even if he was criminally insane at the time of the act. …
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Pennsylvania Federal Court Bars As Untimely Insurers’ Attempt to Join Additional Insurers in Asbestos Coverage Case
UK: FSA Publishes CP 08/15 Reviewing Financial Services Compensation Scheme Maximum Limits
The Financial Services Authority (FSA) has published a consultation paper discussing revisions to the maximum limits of compensation payable by the Financial Services Compensation Scheme (FSCS). The FSCS covers deposits, life and general insurance, investment business, and home finance mediation. …
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Ratings Downgrades Can Result in Regulatory Non-Compliance in Many Countries
With stock market turbulence and industry consolidation in 2008 have come financial strength ratings downgrades for more than 100 insurers and reinsurers. While such downgrades can result in numerous consequences, one potentially unrecognized consequence is non-compliance with regulatory reporting guidelines in numerous jurisdictions in Latin America and other parts of the world. …
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Mortgage Broker’s E&O Policy Excludes Coverage for Fraudulent Acts of Its Employee in Connection with Subprime Mortgage Loan Application and Documents
The First Circuit Court of Appeals recently held that the fraud and dishonesty exclusion in an errors and omissions policy issued to a mortgage originator and broker excluded coverage for the fraudulent acts of one of its employees in the loan origination process. …
Read More Mortgage Broker’s E&O Policy Excludes Coverage for Fraudulent Acts of Its Employee in Connection with Subprime Mortgage Loan Application and Documents