Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department recently published its latest Newsletter, Insurance & Reinsurance Review – December 2009, which contains eight articles about various topics in the insurance and reinsurance industry.
United States
New York Superintendent Seeks Revisions to No-Fault Insurance Regulation
By Troutman Pepper Locke on
On Tuesday, November 24, 2009, New York Superintendent James Wrynn released a draft of revised rules for no-fault automobile insurance (the “Proposed Draft”). If promulgated, the Proposed Draft would be the first significant regulatory reform to no-fault automobile insurance in New York since 2002.
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Read More New York Superintendent Seeks Revisions to No-Fault Insurance Regulation
Connecticut Superior Court Held that Home Seller’s Misrepresentation Regarding Lead Paint Constituted “Occurrence” and Insurer Had a Duty to Defend
By Troutman Pepper Locke on
A Connecticut Superior Court recently awarded summary judgment against an insurer on the basis that the a home seller’s misrepresentation regarding the existence of lead paint in the home constituted an “occurrence” under her insurance policy and, therefore, the insurer had a duty to defend the seller in a lawsuit alleging negligent misrepresentation and was liable for paying the stipulated judgment agreed to by the parties. …
Read More Connecticut Superior Court Held that Home Seller’s Misrepresentation Regarding Lead Paint Constituted “Occurrence” and Insurer Had a Duty to Defend
Colorado District Court Denies Insurer’s Motion for Summary Judgment and Finds Issues of Fact as to Reasonableness of Insurer’s Denied Claim for Uninsured Motor Vehicle Coverage
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
In Eppich v. State Farm Mutual Automobile Insurance Company, No. 08-CV-01697-PAB-MEH (Sept. 30, 2009), the United States District Court for the District of Colorado held that an insurer failed to meet its burden on summary judgment of establishing that an accident caused by a motorcycle that was not “street legal” at the time it struck and injured a woman riding her bicycle on a trail fell within an uninsured motorist coverage’s exclusion for “land motor vehicle[s] . . . designed for use mainly off public roads.” …
Read More Colorado District Court Denies Insurer’s Motion for Summary Judgment and Finds Issues of Fact as to Reasonableness of Insurer’s Denied Claim for Uninsured Motor Vehicle Coverage
California Federal Court Rules that “Insured v. Insured” Exclusion Does Not Preclude Insurer’s Payments of Defense Costs in Claim Brought Jointly by Insureds and Non-insureds
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The United States District Court for the Northern District of California, applying California law, has held that an “insured v. insured” clause exclusion in a D&O policy for claims asserted by an insured against an insured did not preclude the insurer from paying for the entire defense costs incurred by insured and non-insured claimants. …
Read More California Federal Court Rules that “Insured v. Insured” Exclusion Does Not Preclude Insurer’s Payments of Defense Costs in Claim Brought Jointly by Insureds and Non-insureds
Chinese Drywall – Legislation Introduced That Would Prevent Chinese Drywall Related Homeowners Policy Cancellations or Non-renewals
By Troutman Pepper Locke on
On November 17, 2009, a bill was introduced in the United States House of Representatives that would ban insurance companies from canceling, or refusing to renew, the policies of homeowners as the result of Chinese manufactured drywall in the home. …
Read More Chinese Drywall – Legislation Introduced That Would Prevent Chinese Drywall Related Homeowners Policy Cancellations or Non-renewals
Latin American Update: Industry Growth in Colombia and Mexico
By Troutman Pepper Locke on
Posted in Latin American Developments, United States
Colombia: Total premiums for the previous twelve months as of the end of September 2009 reached US$ 5.35 billion, up US$ 462.16 million (9.46%) over the twelve month period ending September 2008.
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Read More Latin American Update: Industry Growth in Colombia and Mexico
EAPD Complimentary Webinar: Privacy and Data Breaches (December 1, 2009)
The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge invite you to join them for the following complimentary webinar: “The Continuing Nightmare of Data Breach and Privacy Risks and Regulations: Increasing Risks, New Regulations, and Changing Deadlines.”
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Read More EAPD Complimentary Webinar: Privacy and Data Breaches (December 1, 2009)
Turkey Frying: 101
By Troutman Pepper Locke on
Posted in Industry Developments, United States
In anticipation of the upcoming Thanksgiving holiday, and for those of you who plan on deep frying your turkey, Georgia Insurance Commissioner John Oxendine has issued some tips on how to safely do so.
Chinese Drywall – Consumer Product Safety Commission Finds Link Between Corrosion and Chinese Manufactured Drywall
By Troutman Pepper Locke on
On Monday November 23, 2009, the Consumer Product Safety Commission (“CPSC”) issued a press statement and study results demonstrating a “strong association” between homes with the Chinese manufactured drywall and levels of hydrogen sulfide and corrosion of metals in those homes.