Jurisdictions

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The U.S. Supreme Court recently asked the Solicitor General to file a brief on behalf of the United States expressing its views on whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and the federal legislation that enforces it, the Federal Arbitration Act (“FAA”),  are subject to the reverse preemption provision of the McCarran-Ferguson Act. …
Read More United States Supreme Court Asks for Federal Government’s Opinion on Applicability of the McCarran-Ferguson Act to the New York Convention

In American Home Assurance Co. v. American Re-Insurance Co., No. 602485/06 (N.Y. Sup. Ct. May 27, 2010), the plaintiffs, several ceding companies, brought a declaratory judgment action against certain reinsurers (collectively, the “Reinsurers”) seeking reimbursement for portions of a settlement plaintiffs made with their insured, Monsanto Corporation. …
Read More New York State Court Finds that Follow the Settlements Doctrine Does Not Apply

Edwards Angell Palmer & Dodge is a sponsor of the Reinsurance Association of America’s  reinsurance education programs. Vincent J. Vitkowsky, Partner in New York, will be presenting at the seminar “Dispute Resolution Clauses in Contracts” presented at the Reinsurance Association of America’s ReContracts program on July 22, 2010 in New York City.  If you are planning to attend the conference, please come by our booth and meet our attorneys and to network with your peers in the industry. …
Read More RAA/Contracts Conference in New York

The Law Commission has published an Issues Paper considering the insured’s post-contract duty of good faith, in particular, the law of fraudulent claims, focusing on what remedies should be available to insurers if policyholders act fraudulently. …
Read More UK: Law Commission Publishes Paper on The Insured’s Post-Contract Duty of Good Faith

ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years:  the result of an aging population and an increasingly sophisticated and aggressive plaintiffs’ bar. …
Read More ERISA Litigation: An Update from the ALI-ABA Conference on Financial and Insurance Litigation

The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively, the “Affordable Care Act”) require group health plans and insurers that provide dependent coverage to extend health care coverage to adult children until they reach age 26. …
Read More Extension of Group Health Plan Coverage to Adult Children

This panel offered the insights of a federal district court judge, defense counsel and plaintiffs’ counsel regarding Class Action Procedure, focusing on trends regarding the class certification process. …
Read More Live Blog: Class Action Procedure: The Latest Developments from ALI-ABA Conference on Insurance and Financial Services Litigation

This panel offered a history of class action litigation involving life insurance and annuity products.  According to the panelists, the class actions in the life insurance context (with the exception of ERISA suits) were virtually unheard of prior to 1993.  Throughout the mid to late 1990’s there were in the area of 300 class actions involving sales practices and misrepresentations. …
Read More Live Blog: Class Action Trial Analysis and Discussion: Plaintiff and Defense Perspectives on Recent Trials and Settlements of Life Insurance and Annuity Class Actions from ALI-ABA Conference on Insurance and Financial Services Litigation

The U.S. District Court for the District of Minnesota recently dismissed a directors and officers liability coverage suit, rejecting plaintiffs’ argument that an underlying suit had to be brought by the insured in his capacity as an insured in order to implicate the policy’s insured vs. insured exclusion. …
Read More Minnesota Federal Court Rejects “Capacity” Limitation As To Insured Vs. Insured Exclusion