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According to a recent report from Reuters, London’s marine insurance market has added Iran to a list of areas deemed high risk.   The Lloyd’s Market Association (LMA) announced the move on Monday, March 22, 2010, ahead of possible sanctions being pushed by the U.S., among other countries. …
Read More London Insurers: Iran on High Risk Area List as Sanctions Loom

The European Company Statute (Regulation 2157/2001, which is directly applicable in EU member states) was adopted on 8 October 2001 and came into force on 8 October 2004. It required the Commission to report on its application five years after coming into force. The Commission published its consultation on 23 March 2010, together with a report by external consultants. …
Read More EU: European Commission Publishes a Review of the European Company Statute

We have previously reported here, on the Employers’ Liability Insurance Bureau Bill, which is currently subject to scrutiny in the UK Parliament. The Bill seeks to establish a ‘fund of last resort’, to be used in instances where an employer is insolvent or does not hold insurance compulsory under the Employer’s Liability (Compulsory Insurance) Act 1969. This is seen to be a particular problem in claims relating to asbestos. 

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Read More UK: Employers’ Liability Insurance Bureau Bill 2009-10 – Update

Alastair Darling’s 2010 Budget includes provisions designed to help asbestos trusts which were set up by companies prior to 24 March 2010 to meet their asbestos liabilities. Under the proposal, the trustees of such a trust would be exempt from income tax, capital gains tax and inheritance tax retrospectively from 6 April 2006. 

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Read More UK: Alastair Darling’s Budget Proposes Tax Break for Asbestos Trusts

The English High Court, in Clare Horwood & Others v Land of Leather (In Administration) & Zurich Insurance PLC & Others [2010] EWHC 546 (Comm), held that Zurich did not have to pay compensation to customers who suffered burns from “toxic sofas” sold by the now-defunct Land of Leather. 

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Read More UK: High Court Refuses Compensation for “Toxic Sofa” Victims for Breach of Claims Control Clause

The NAIC’s International Insurance Relations (G) Committee (the “Committee”), chaired by Commissioner Kevin McCarty (Florida) met on Friday, March 26, 2010, during  the NAIC Spring National Meeting.  The Committee received an update on International Strategy and Action Plans and discussed International Association of Insurance Supervisors (“IAIS”) strategic planning, including the Common Framework or Supervision of Internationally Active Insurance Groups (“Common Framework”). 

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Read More NAIC Update: International Insurance Relations (G) Committee

The Law Commission has published an Issues Paper considering whether an insurer should be liable for loss caused as a result of its unjustified refusal to pay a claim. The paper suggests that the current position regarding an insurer’s post-contractual duty of good faith be changed so that damages would be available where an insurer breaches its duties by refusing to pay out on time. …
Read More UK: Law Commission Publishes Paper on Damages for Late Payment and the Insurer’s Duty of Good Faith

It has been reported that Karel van Hulle, head of insurance and pensions at the European Commission, confirmed that Solvency II will come into force in October 2012. Speaking at an Insurance Institute of London lecture at Lloyd’s on 17 March 2010, he denied that there were sound reasons to push back the deadline. …
Read More EU: Commissioner in Charge of Solvency II Confirms 2012 Implementation

As previously reported here, the Third Parties (Rights Against Insurers) Bill was introduced into Parliament in November 2009. It is designed, in particular, to remedy the shortcomings of current legislation in protecting the rights of third party claimants against insurers of the liabilities of insolvent defendants. …
Read More UK: Third Party (Rights Against Insurers) Bill