Until last week, Indiana courts were strict in their treatment of an insurance bad-faith lawsuit. Not only must the plaintiff show ill will by the insurer, he must show that the insurer denied coverage wrongfully. E.g., Foster v. State Farm Fire & Cas. Co., no. 1:10-cv-20 (N.D. Ind. Aug. 17, 2011).
Read More An Indiana Court Allows a Bad-Faith Claim Even Though the Insurer Denied Coverage Correctly
Jurisdictions
NAIC Disputes Need for Global Capital Standards
At the International Insurance Relations (G) Committee meeting on Sunday, December 15, there were presentations by Gordon Brady, Deputy Secretary General of the International Association of Insurance Supervisors (IAIS) and Gabriel Bernadino, Chairman of the European Insurance and Occupational Pension Authority (EIOPA) on the development of international standards for insurance company solvency by the IAIS. …
Read More NAIC Disputes Need for Global Capital Standards
Suspension of U.S. and E.U. Sanctions on Insurance Related to Iran’s Petrochemical Exports
On November 24, Iran entered into a Joint Plan of Actionwith the United States, China, the Russian Federation, France, Germany, and the United Kingdom (the “E3/EU+3”), whereby in exchange halting to certain uranium enrichment activities and agreeing to be monitored by the International Atomic Energy Agency, the E3/EU+3 agreed to, among other things, suspend U.S. and E.U. sanctions on Iran’s petrochemical exports and associated services (“Joint Plan”). …
Read More Suspension of U.S. and E.U. Sanctions on Insurance Related to Iran’s Petrochemical Exports
NAIC: EU-US Dialogue
On Saturday morning, Edwards Wildman attended this invitation only event at the 2013 Fall NAIC National Meeting regarding EU-US Dialogue. …
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NAIC: Edwards Wildman Roundtable with Richard Schlesinger, Chief of Reinsurance and Surplus Lines New Jersey Department of Banking and Insurance
Edwards Wildman hosted a roundtable at the 2013 NAIC Fall National Meeting in Washington, DC with Richard Schlesinger, Chief of Reinsurance and Surplus Lines, from the New Jersey Department of Banking and Insurance for a discussion about the New Jersey Reinsurance Certification Program. …
Read More NAIC: Edwards Wildman Roundtable with Richard Schlesinger, Chief of Reinsurance and Surplus Lines New Jersey Department of Banking and Insurance
EU: EIOPA Publishes New Guidelines on Complaints-Handling by Insurance Intermediaries
On 27 November 2013, the European Insurance and Occupation Pensions Authority (EIOPA), published new “comply or explain” guidelines in respect of the complaints-handling process undertaken by insurance intermediaries (the Guidelines). …
Read More EU: EIOPA Publishes New Guidelines on Complaints-Handling by Insurance Intermediaries
Highlights From the FIO Report: The Other Shoe Has Dropped
The Federal Insurance Office (FIO) report, “How to Modernize and Improve the System of Insurance Regulation in the United States” (the “Report”), was released on December 12, 2013, nearly two years after it was due under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).
Read More Highlights From the FIO Report: The Other Shoe Has Dropped
UK: FCA Censures Catalyst and Fines its Compliance Officer for Recklessly Misleading Investors
Catalyst Investment Group Limited (Catalyst) was found to have shown a “reckless disregard for investors’ interests” having failed to disclose the high risk nature of bonds issued by ARM Asset Backed Securities SA (ARM), according to the FCA’s director of enforcement and financial crime, Tracey McDermott. …
Read More UK: FCA Censures Catalyst and Fines its Compliance Officer for Recklessly Misleading Investors
EU: The Court of Justice of the European Union Rules That a Legal Expenses Insurer Must Accept the Insured’s Freedom to Choose His Lawyer
In Sneller v Das (C442/12) the Court of Justice of the European Union (CJEU) held that a legal expenses insurer cannot stipulate that the costs of using a lawyer chosen by its insured will only be covered if the insurer decides that the case must be handled by external counsel. …
Read More EU: The Court of Justice of the European Union Rules That a Legal Expenses Insurer Must Accept the Insured’s Freedom to Choose His Lawyer
BREAKING NEWS: LONG-AWAITED FIO REPORT IS RELEASED
The long-awaited report from the Federal Insurance Office on how to modernize and improve the system of insurance regulation in the U.S. has been released. The Report and related transmittal to Rep. Hensarling can be accessed by clicking here and here, respectively. …
Read More BREAKING NEWS: LONG-AWAITED FIO REPORT IS RELEASED