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A new amendment to California’s breach notification statutes extend notification requirements to the breach of California residents’ online account credentials, with distinctive obligations regarding method and content of such notices. …
Read More California Extends Breach Notification Obligations to Online Account Credentials

October 30, 2013

8:30 AM EST

Edwards Wildman Palmer LLP
750 Lexington Avenue, 8th Floor
New York, NY 10022 …
Read More Please Join Us – Edwards Wildman’s 2013 ILS Roundtable: The Convergence of Insurance and the Capital Markets

The High Court of England and Wales has confirmed that consequential losses claimed as a free standing head of claim are not recoverable under s2(1) of the Riot (damages) Act 1886 (the “1886 Act”). …
Read More UK: High Court Confirms That Consequential Losses are Not Recoverable Under the Riot (Damages) Act 1886

On Friday, the speaker of the Massachusetts House of Representatives called on the Federal Emergency Management Agency (FEMA) to delay implementation of federal flood insurance reform so that FEMA, Congress, and local officials can work to restructure the 45-year-old National Flood Insurance Program (NFIP). …
Read More Massachusetts House Speaker Asks FEMA To Delay New Flood Insurance Rules

The New York Department of Financial Services (the “NY DFS”) has released proposed amendments to Insurance Regulation 41 (11 NYCRR Part 27), which governs the standards for excess lines placements.
Read More New York Proposes Changes to Excess line Placements Governing Standards (Regulation 41)

As of January 1, 2015 insurers and insurance groups will be required to assess the adequacy of their risk management systems and to periodically conduct an Own Risk and Solvency Assessment (ORSA) consistent with the National Association of Insurance Commissioner’s (NAIC) ORSA Guidance Manual. …
Read More California Enacts AB 584 Requiring Insurance Companies to File an ORSA Summary

PROPOSED RULE ON EMPLOYER INFORMATION REPORTING REQUIREMENTS

On September 5, 2013, the U.S. Department of the Treasury and Internal Revenue Service jointly issued proposed regulations implementing the Affordable Care Act’s information reporting requirements for insurers and certain employers. …
Read More Healthcare Update: Proposed Rule on Employer Information Reporting Requirements; Potential Fix for the “Doc Fix”

Continuing the controversy first discussed in our earlier article (a copy of which can be accessed here), uncertainty remains over whether the self-procurement tax and regulatory provisions of the Non-admitted and Reinsurance Reform Act, enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, apply to non-admitted insurance procured from a captive insurance company. …
Read More Does NRRA Capture Captives?

New York’s highest court has agreed to rehear its June decision that held that a liability insurer found to have “breached its duty to defend…may not later rely on policy exclusions to escape its duty to indemnify the insured for a judgment against him.” …
Read More New York Highest Court to Reconsider Decision that Breach of Duty to Defend Precludes Later Reliance on Policy Exclusions

In recent years, the use of captives to help life insurers finance perceived excess XXX and AXXX reserves has accelerated. The NAIC continues to monitor the emerging practice and has drawn considerable attention to the matter through its solicitation of opinions by various players in the industry as well as through the publication of white paper on the matter and actions by the Principle-Based Reserving Implementation (EX) Task Force at the NAIC’s Summer National Meeting. …
Read More FIO Showing Increased Willingness to Intervene on Use of Captives to Finance Perceived Excess Reserves