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The U.S. Court of Appeals for the Second Circuit recently upheld the S.D.N.Y.’s decision to dismiss federal indictments against thirteen former KPMG executives for alleged tax-fraud after finding that federal prosecutors violated the KPMG executives’ constitutional rights. …
Read More Second Circuit Affirms Dismissal Of Indictments Against KPMG Executives

The United States Court of Appeals for the Eighth Circuit recently held that an insurer had no duty to defend or indemnify where the insured service provider’s own abandoned materials caused the property damage at issue. 

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Read More Eighth Circuit Holds That “Your Work” Exclusion Precluded Coverage For Property Damage Caused by Insured’s own “Abandoned” Materials

According to media sources, Rana Tahboub, Assistant Director General of the Insurance Commission of Jordan (“IC”), recently stated that the IC is planning on introducing legislation to the Council of Ministers to create a captive insurance market in Jordan, the fourth such market in the region. …
Read More Jordan to Introduce Captive Insurance Guidelines by Year End

On a recent campaign trip to Florida, Republican presidential nominee John McCain restated his opposition to the national “Cat Fund” bill that passed the U.S. House last year and was sponsored by Palm Beach County Democratic Congressmen. Ron Klein and Tim Mahoney.  McCain did say that he would consider a “Gulf States Compact” or other regional risk pool alternative to a national catastrophe insurance fund. …
Read More McCain Opposes National Catastrophe Fund, but Supports Regional Alternative

In its August 2008 opinion, the Court of Appeals for the Eighth Circuit upheld a lower court decision granting the defendant insurers’ motion to dismiss on the grounds that plaintiffs’ price discrimination claims would “impair” the Missouri laws that regulate the “business of insurance” within the meaning of the McCarran-Ferguson Act. 

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Read More Eighth Circuit Dismisses Purported Class Action Against Insurers Alleging Price Discrimination

J, K, P v. Archbishop of Birmingham (QBD 25/7/2008) is one of the first cases decided subsequent to the House of Lords decision in A v. Hoare. The case concerned a procedural matter of whether the issue of limitation in respect of bringing sexual abuse claims should be decided as a preliminary issue or at the substantive trial. …
Read More UK: Judge Refuses to Hear Limitation Defence in Sexual Abuse Claim as a Preliminary Issue

In Elacqua v. Physicians’ Reciprocal Insurers, 52 A.D.3d 886 (N.Y. App. Div. 2008) (“Elacqua II”), the Supreme Court, Appellate Division held that the insurer engaged in deceptive practices by failing to inform the insureds of their right to select independent counsel to defend them at the insurer’s expense. 

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Read More New York Appellate Court Holds that Insurer Engaged in Deceptive Practices by Failing to Inform Insureds of their Right to Select Independent Defense Counsel at Insurer’s Expense