This updates our June 1, 2010 posting.  The Texas Department of Insurance (“TDI”) has officially banned the use of discretionary clauses in insurance contracts with an order issued on December 3, 2010 (the “Order”).  The ban is the result of a petition filed by the Texas Office of Public Insurance Counsel (OPIC) on October 28, 2009 requesting the ban.  Subsequent to the petition, the TDI held a public hearing on July 12, 2010. 
Read More UPDATE: Texas Bans Use Of Discretionary Clauses In Insurance Contracts

This updates our November 1, 2010 posting.  On December 6, 2010, the New Jersey Senate Commerce Committee passed S.168 (the “Bill”) by a vote of 4-0, which would permit a captive insurance market to exist in New Jersey.  The Bill is based on Vermont’s captive insurance bill, which is viewed as the state model with the best design for the captive insurance market so far. 
Read More New Jersey Senate Makes Progress On Captive Insurance Bill

Lawmakers returned to Washington last week to continue the lame-duck session of the 111th Congress, clearing a short-term solution to the pending Medicare cuts for physicians. Meanwhile, the President’s bipartisan fiscal commission finalized and released a report aimed at greatly reducing the federal deficit, though the details of the plan proved to be unpopular among those affected by the corresponding spending cuts. 
Read More Healthcare Update: Healthcare News From Capitol Hill and The Department of Health and Human Services – December 6, 2010

On 26 November 2010, the European Commission opened a consultation period on the review of the Insurance Mediation Directive (IMD) in order to allow stakeholders to provide comments and opinion on the current IMD provisions and the possible policy changes that could be made in the future. The European Commission invites stakeholders to answer the questions put forward in the consultation document, which are aimed at receiving insight on the current provisions and possible policy changes. 
Read More EU: Consultation on the Review of the Insurance Mediation Directive

The European Commission (Commission) launched a consultation  on 24 November 2010 to obtain input on the impacts, costs and benefits to support the policy decision making-process for the Solvency II level 2 implementing measures (the Consultation). Views on the impact of policy decisions on pricing, design and availability of insurance products are also being sought. 
Read More EU: Consultation on Solvency II Level 2 Implementing Measures Launched

The Gulf Coast Claims Facility (“GCCF”) — the agency responsible for doling out the $20 billion fund that was set up by BP as a result of the April 20, 2010 Deepwater Horizon incident (the “Spill”) — has issued its Protocol for the submission and resolution of Interim and Final Claims. 
Read More BP Spill Update: GCCF issues Protocol for Interim and Final Claims

Edwards Angell Palmer & Dodge is holding a Complimentary Webinar entitled Suspicious Activity Reports:  How and When to Write Them, on December 16, 2012 from noon to 1:00 PM EST. 
Read More Complimentary Webinar entitled Suspicious Activity Reports: How and When to Write Them