The Connecticut legislature has proposed a new bill, SB-763, An Act Concerning the Connecticut Unfair Insurance Practices Act, which could potentially enable Connecticut consumers to sue insurers for unfair claim practices. Click here for a copy of the proposed bill.
United States
California Federal Court: Off-Label Promotion: State Law Consumer Fraud Claims and Federal RICO Claims Are Not Necessarily Preempted by Food, Drug and Cosmetics Act
By Troutman Pepper Locke on
Posted in Product Liability, United States
The United States District Court for the Central District of California recently held that state law consumer fraud claims and federal fraud claims pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”) are not preempted by the federal Food, Drug and Cosmetics Act (“FDCA”) if such claims are based on specifically identifiable false or misleading representations or material omissions.
Federal Appeals Court Reverses Dismissal of Africa Drug Testing Case Against Pfizer
By Troutman Pepper Locke on
Posted in Product Liability, United States
The United States Court of Appeals for the Second Circuit recently reversed the dismissal of a lawsuit alleging that drug manufacturer Pfizer, Inc. violated the Federal Alien Tort Statute (“ATS”) and certain state statutes by conducting a medical experimentation on humans without their informed consent or knowledge.
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UPDATE: SCHIP Extension Signed Into Law
By Troutman Pepper Locke on
This updates our January, 15, 2009 posting. On February 4, 2009, President Obama signed into law the Children’s Health Insurance Program Reauthorization Act of 2009 (H.R. 2) (the “Act”). The Act extends the State Children’s Heath Insurance Program (“SCHIP”) through the 2013 fiscal year and expands SCHIP to cover an estimated 4 million additional children. …
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Recent Boom in Cybercrime “Could Accelerate” Say Data Security Experts
According to a recent report in USA Today (available here), criminal attempts to use the internet to steal personal data – including credit card numbers, account user names, passwords, and Social Security numbers – have increased since the financial crisis began last fall, and could continue to accelerate if laid-off IT personnel turn to cybercrime to replace lost income. …
Read More Recent Boom in Cybercrime “Could Accelerate” Say Data Security Experts
New York Court Rules That Intentional Acts Exclusion Does Not Bar Coverage Under Homeowner’s Policy For Insured’s Liability Arising From “Bear Hug”
By Troutman Pepper Locke on
In Clayburn v. Nationwide Mut. Fire Ins. Co., 10 A.D.3d 778 (N.Y. App. Div. 3d Dept Jan. 15, 2009), a New York appellate court affirmed summary judgment in favor of the insured finding that the intentional acts exclusions in its homeowner’s policy did not bar coverage for personal injuries resulting from the insured’s bear hug of another person. In that case, the insured engaged the underlying claimant in a bear hug after the claimant had pushed the insured’s brother to the ground. …
Read More New York Court Rules That Intentional Acts Exclusion Does Not Bar Coverage Under Homeowner’s Policy For Insured’s Liability Arising From “Bear Hug”
Bratz Doll Maker Sues CGL Insurer Demanding Coverage for Defense of Lawsuit By Mattel Based on Trade Disparagement Claim
By Troutman Pepper Locke on
The maker of the Bratz line of dolls and toys recently filed suit against its commercial general liability insurer in the Central District of California alleging wrongful refusal to defend it in a lawsuit by Mattel.
Court Dismisses Hurricane Reserve-Related Securities Class Action
By Troutman Pepper Locke on
On July 17, 2006, Washington State Plumbing and Pipefitting Pension Trust, on behalf of shareholders of Bermuda-based insurer Quanta Capital Holdings, Ltd. (“Quanta”), filed an amended securities class action complaint against Quanta and several of Quanta’ directors alleging that the registration and prospectus for Quanta’s common stock offering contained materially false and misleading statements in violation of Sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and Sections 10(b) (including SEC Rule 10b-5 promulgated thereunder) and 20(a) of the 1934 Securities Exchange Act.
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Free Webinar on New Federal Red Flag, Massachusetts and Other State Data Security Rules
The Privacy Group at Edwards Angell Palmer & Dodge LLP invites you to a complimentary webinar on the new security and privacy requirements and federal Red Flag duties which are both effective May 1, 2009. …
Read More Free Webinar on New Federal Red Flag, Massachusetts and Other State Data Security Rules
Florida Insurance Commissioner Subpoenas State Farm Florida Policyholder Information
By Troutman Pepper Locke on
Florida Insurance Commissioner Kevin McCarty (McCarty) announced on Thursday January 29, 2009 that he has issued a subpoena seeking detailed information from State Farm Florida Insurance Company (State Farm Florida) regarding the company’s Florida property insurance policyholders. McCarty’s subpoena follows in the wake of State Farm Florida’s January 27, 2009 announcement that it is pulling out the Florida property insurance market (as reported here).
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