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Following the House’s November 7 vote on healthcare reform, the Senate now faces increasing pressure to vote on a bill this year, as evidenced by the words of both the current President and a former President last week.  In the House, Members spent the week in their congressional districts, in recess for Veterans Day. 

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Read More Last Week in DC: The Healthcare Reform Debate – November 16, 2009

Earlier today, Maurice R. Greenberg (Chairman & CEO of C.V. Starr & Co., Inc. and former CEO of American International Group, Inc.) participated in a panel with other guest speakers at the Federalist Society’s National Lawyers Convention.  The panel was entitled “Bailouts and the Government as Insurer of Last Resort.” …
Read More Greenberg Calls for Commission to Scrutinize Standards for Government Bailouts

The U.S. Court of Appeals for the First Circuit recently held that coverage under a directors and officers liability insurance policy is not available for claims against unnamed officers or directors. 

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Read More First Circuit: No Coverage Under a D&O Policy Where The Underlying Complaint Does Not Specifically Name an Officer or Director

The Insurance and Reinsurance Department of Edwards Angell Palmer & Dodge invites you to view “Up Against A Chinese Drywall:  Recent Developments in the Ongoing Products Liability and Coverage Litigation” – a complimentary 60 minute webinar. 

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Read More EAPD WEBINAR LINK: Up Against a Chinese Drywall – Recent Developments in the Ongoing Products Liability and Coverage Litigation

On Tuesday, November 10, 2009, the Senate Banking Committee, chaired by Senator Christopher Dodd (D-CT), released a first draft for discussion of the American Financial Stability Act of 2009 (the “Act”). 

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Read More Senate Banking Committee Releases First Draft of American Financial Stability Act of 2009; Includes Nonadmitted and Reinsurance Reform Act and National Insurance Office

Last month, the United States District Court for the District of Maine certified a question of law to the Supreme Judicial Court of Maine regarding the issue of what constitutes cognizable injury to a consumer in a case stemming from the alleged theft of credit card data, a question of great significance in the relatively new field of data security law. 

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Read More District of Maine Certifies Question of What Constitutes “Cognizable Injury” from Data Breach to Supreme Judicial Court of Maine

In a recent decision by the United States District Court for the Northern District of California, the court held that an insurer does not have to provide D&O insurance coverage to a group of bondholders who took on the responsibilities of the bankrupt insured.  The ruling was based on the insured’s failure to disclose in the policy application a written demand letter alleging a breach of fiduciary duties. 

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Read More California Federal Court Holds That D&O Insurer is Permitted to Rescind Policy Based on Nondisclosure in Application

The United States District Court for the Northern District of Georgia recently held that an insurer had a duty to defend under a CGL policy and umbrella policy against claims relating to a hotel guest’s alleged contraction of Legionnaire’s Disease from a dirty hot tub. …
Read More Georgia Federal District Court Finds that Hot Tub Water is “Intended for Bodily Consumption”

The U.S. District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, recently held that the fraudulent acts/willful violation exclusion contained in the subject Executive Protection Portfolio policy (the “Policy”) precluded coverage of defense costs for a criminal action and related derivative and securities lawsuits against an insured CEO.  The court also ruled that the insurer was entitled to recoup defense costs advanced. 

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Read More Pennsylvania Federal Court Rules That Fraudulent Acts/Willful Violation Exclusion Bars Coverage Based on CEO’s Guilty Plea and Insurer Entitled to Recoupment of Defense Costs

The Connecticut Superior Court recently granted the motion for summary judgment of a passenger’s insurer in a lawsuit concerning uninsured/underinsured motorist coverage on the basis that the amount of potential coverage was capped and coverage under this excess insurer’s policy was not recoverable. 

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Read More Connecticut Trial Court Dismisses Passenger’s Insurer From Uninsured Motorist Lawsuit