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On January 15, 2010, New Jersey Governor-elect Chris Christie announced that Tom Considine will be the new Commissioner of the New Jersey Department of Banking and Insurance (“DOBI”).  Mr. Considine is currently the vice president and government relations counsel for MetLife, a position he rose to since he started at MetLife in 1993. …
Read More New Jersey Governor Appoints Insurance Commissioner

Each year the FTC is required by statute to adjust the thresholds for Hart-Scott Rodino pre-merger filings.  HSR filings and consequent regulatory approval of the transaction are required prior to closing a transaction involving the acquisition of assets (including exclusive licenses) or securities that meets the operative thresholds. 

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Read More United States Federal Trade Commission Lowers Pre-Merger Filing Thresholds

Petitioner United States Life Insurance Company (“U.S. Life”) reinsured workers’ compensation policies issued by five insurers domiciled in California (collectively, “SNICIL”).  The five insurers later declared insolvency, and the California Insurance Commissioner became SNICIL’s statutory liquidator.  A dispute arose between the parties, and U.S. Life demanded arbitration. …
Read More Ninth Circuit Confirms Arbitration Award, Holds that Panel’s Ex Parte Meeting with Certain Expert Witnesses did not Justify Vacatur

The Superior Court of Pennsylvania recently found a concurrent-cause exclusion in an all-risks insurance policy to be unenforceable in a case involving hurricane damage to an insured’s business premises and inventory caused by sewer and drain backup followed by flooding. 

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Read More Pennsylvania Superior Court Finds a Concurrent-Cause Exclusion to be Unenforceable in Connection with Hurricane-Related Water Damage

On December 30, 2009, the United States District Court for the Southern District of New York in MBIA, Inc. v. Federal Ins. Co. et al., Civ. No. 08cv4313 (S.D.N.Y. Dec. 30, 2009), held that, in certain instances, legal costs incurred by a special litigation committee in connection with a shareholder derivative litigation may be covered under a D&O policy. …
Read More D&O Update: Court Addresses Coverage for Legal Costs Incurred by a Special Litigation Committee

PMA Capital Insurance Company (“PMA”) and Platinum Underwriters Bermuda, Ltd. (“Platinum”) entered into a reinsurance agreement that contained, among other things, a “deficit carry forward” provision.  A dispute arose between the parties concerning the validity and scope of this provision, which was submitted to arbitration. 

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Read More Federal Court Vacates Arbitration Award, Finding That Panel’s Award was Completely Irrational and the Panel Exceeded Its Powers by Unilaterally Removing Provision from Reinsurance Agreement

The Second Circuit Court of Appeals recently affirmed a United States District Court for the District of Connecticut’s judgment awarding summary judgment for an insurer seeking to rescind a life insurance policy on the basis that the policy application contained material misrepresentations of fact. …
Read More Second Circuit Court of Appeals Affirmed Summary Judgment For Insurer Ordering Rescission of a Life Insurance Policy Due to Material Misrepresentations in the Application

The United States District Court for the District of Connecticut recently awarded summary judgment in favor of an insurer holding that the insurer had no duty to defend or indemnify the insureds under a rental car’s supplemental liability insurance policy due to the “use” exclusion. 

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Read More Connecticut Federal Court Awarded Summary Judgment for Insurer Due to “Use” Exclusion of Rental Car Supplemental Liability Insurance Policy

Last week Maryland Governor Martin O’Malley announced that Elizabeth “Beth” Sammis has been appointed as Interim Commissioner of the Maryland Insurance Administration (“MIA”).  Ms. Sammis will replace Ralph S. Tyler, who announced that he would step down from his position as Maryland Insurance Commissioner to accept the position of Chief Legal Counsel to the federal Food and Drug Administration effective January 8, 2010. 

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Read More Interim Maryland Insurance Commissioner Named

The House returned to session last week, as intense negotiations continued behind the scenes on an agreement that will reconcile the differences between the House- and Senate-passed healthcare reform bills.  On Thursday, a compromise was reached on one of the Senate bill’s more controversial provisions, smoothing a possible path toward a final agreement in the coming weeks. 

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Read More Last Week in DC: The Healthcare Reform Debate – January 19, 2010