Jurisdictions

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On 12 February 2009 the Court of Appeal handed down its judgment in Greene Wood & Mclean LLP v Templeton Insurance Ltd. Templeton, incorporated in the Isle of Man, brought an appeal against the first instance decision ((2008) EQHC 1593 (Comm)) which permitted Greene Wood & Mclean LLP (GWM) to serve proceedings on it out of the jurisdiction on the basis that the claim was within CPR 6.20(5)(c). 

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Read More UK: Service of Proceedings Out of the Jurisdiction

In Qayyum Ansari v New India Assurance Ltd [2009] EWCA Civ 93 the Court of Appeal considered Qayyum Ansari’s (Ansari) appeal against the decision at first instance that Ansari’s claim under his insurance policy with New India Assurance (NIA) should be dismissed. …
Read More UK: Court of Appeal Rules that Cover Terminates on a Material Change of Facts Stated in Proposal Form

The Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) recently published a report on the results of its survey on the practical supervisory co-operation by Coordination Committees under the Solvency I framework. The survey was sent to the ‘lead’ supervisors of all 110 cross-border insurance groups. …
Read More CEIOPS Highlights Improved Performance of Authorities in the Supervision of Cross-Border Insurance Groups

Florida Insurance Commissioner Kevin McCarty (McCarty) issued an Order on February 13, 2009 announcing that he has conditionally approved the withdrawal plan , which State Farm Florida Insurance Company’s (State Farm Florida) submitted on January 27, 2009, as reported here. 

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Read More Florida Insurance Commissioner Conditionally Approves State Farm Withdrawal Plan

A group of European insurers and reinsurers, including Allianz, AXA, Munich Re, Swiss Re and Zurich, have established PERILS AG, based in Zurich, to collect and provide industry-wide European catastrophe insurance data. PERILS is intended to provide a service similar to that provided by Property Claims Services (PCS) in relation to US catastrophes. …
Read More PERILS AG: European Catastrophe Data Company Established

Dornoch v Westminster International [2009] EWHC 201 (Admlty) relates the right of marine insurers under the Marine Insurance Act 1906 to take over a vessel after it has become a constructive total loss as the result of a collision. …
Read More UK: Dornoch v Westminster International – Court Declines to Join Primary Layer Insurers to Action by Excess Insurers

An insurer involved in a dispute or proceeding outside China but in which a Chinese witness may need to give a deposition or statement cannot obtain that deposition or statement in China. China does not permit the taking of depositions or witness statements (even from willing witnesses) in China for a case pending overseas. However, such depositions and witness statements may be taken in Hong Kong. …
Read More Insurance Disputes Involving Chinese Witnesses: Taking Depositions from Chinese Witnesses in Hong Kong

On November 19, 2008, as part of the 2009 Medicare Physician Fee Schedule regulations, the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (“CMS”), published final rules regarding payment limitations on diagnostic testing and the application of the “anti-markup” rules for diagnostic imaging services (the “2009 Rules”). …
Read More Revisions to Anti-Markup Rule for Purchased Diagnostic Tests: What You Don’t Know Can Hurt You

New York’s First Department recently issued a decision refusing to revive a stock-option backdating shareholder derivative lawsuit against Bed Bath & Beyond (“BB&B”) based upon the immediate remedial action taken by the directors of the home décor company. …
Read More New York Court Issues Decision Insulating Bed Bath & Beyond from Backdating Stock Blame