Jurisdictions

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A New York state appellate court recently reversed a denial of summary judgment on a medical device failure to warn claim.  Mulhall v. Hannafin, 2007 N.Y. Slip Op. 06529 (N.Y. App. Div. Aug. 30, 2007).  In doing so, the court addressed a number of interesting issues concerning the required elements of a failure to warn claim under New York law. 

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Read More New York Appellate Court Addresses Duty To Warn In Medical Device Context

As we have recently reported on InsureReinsure.com, the Federal Terrorism Risk Insurance Program is due to expire at year-end.  Congress is currently considering an extension of the Program, the Terrorism Risk Insurance Revision and Extension Act of 2007 (“TRIREA”), which we have discussed here,  here, here, and here. 

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Read More White House Opposes TRIA Extension

The Congressional Budget Office (“CBO”) released a report last week that estimated the cost of extending the Federal Terrorism Risk Insurance Program to be $3.5 billion for the next five years and $8.4 billion for the next decade. 

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Read More CBO Estimates Cost of TRIA Extension to be $8.4 Billion Over the Next Decade

The United States District Court for the Eastern District of Michigan granted summary judgment to an excess insurer and held that the excess policy would not be triggered until the underlying limits were exhausted by actual payment from the primary carrier. 

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Read More Court Holds that Underlying Insurer Must Pay Its Own Limits Before Excess Policy Will Attach; Insured Cannot “Fill the Gap”

On September 6, 2007, Maryland Governor Martin O’Malley named Ralph S. Tyler as the new Maryland Insurance Commissioner.  Tyler is an attorney with over 30 years of legal experience.  He currently serves as Maryland’s Chief Legal Counsel and was City Solicitor from 2004 to 2007.  

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Read More Ralph S. Tyler Named as Maryland’s New Insurance Commissioner