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In a recent decision of the United States Court of Appeals for the Fifth  Circuit, Safety National Cas. Corp. v. Certain Underwriters at Lloyd’s of London, No. 06-30262 (5th Cir. Sept. 29, 2008), the court held that the McCarran-Ferguson Act (“McCarran-Ferguson”) does not cause a state law regulating the business of insurance to “reverse preempt” the provisions of a United States treaty. 

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Read More Fifth Circuit Rules New York Convention Not “Reverse Preempted” By Louisiana Statute

The U.S. District Court for the Central District of California recently granted a motion to dismiss, without prejudice, for failure to adequately plead the reliance element of a purported securities class action brought under Section 10(b) of the 1934 Securities Exchange Act. …

Read More California Federal Court Grants Motion to Dismiss For Failure to Plead Reliance in Countrywide Private Placement Action

The United States Court of Appeals for the Eleventh Circuit recently held that a D&O policy’s so-called “Prior Litigation” Exclusion barred coverage for a shareholder derivative action because it was “in any way related” to litigation pending prior to the Prior Litigation Date specified in the policy. 

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Read More Eleventh Circuit Broadly Construes Prior Litigation Exclusion

The U.S. District Court for the Central District of California recently granted the defendants’ motion for judgment on the pleadings in a consolidated shareholder derivative action alleging breach of fiduciary duty against Countrywide’s former directors and officers arising out of Countrywide’s exposure to the subprime crisis. 

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Read More California Federal Court Dismisses Shareholder Derivative Action Against Countrywide

In Fidelity & Guaranty Co. v. Liberty Surplus Ins. Co., No. 08-10544 (11th Cir. Dec. 2, 2008), the United States Court of Appeals for the Eleventh Circuit certified to the Florida Supreme Court the question of whether the law of the place of contracting or the law of the place of the insured’s risk governs a coverage dispute arising from a commercial general liability (“CGL”) policy. 

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Read More Eleventh Circuit Certifies Conflict-of-Law Question to Florida Supreme Court: Does Law of Place of Contracting or Law of Place of Insured’s Risk Govern Coverage Under CGL Policy?

On December 15, 2008, the United States Supreme Court held that state law fraud claims are not preempted by the federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331-1341, (“Labeling Act”) or the Federal Trade Commission’s (“FTC”) policy on “light” cigarette advertising and sales. 

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Read More U.S. Supreme Court Rules That State Law Fraud Claims Are Not Preempted by Federal Cigarette Labeling and Advertising Act

On December 24, 2008, the New York State Insurance Department (“NYSID”) released a draft of its proposed amendments (the “Proposal”) to New York’s insurance regulations that authorize admitted insurers to receive credit for reinsurance ceded to unauthorized insurers. 

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Read More Update: New York Releases Draft Proposal Of Amendments To Credit For Reinsurance From Unauthorized Insurers Regulations

Each of the regulatory settlements to date with auction rate securities (“ARS”) issuers and brokers has included a provision requiring that the firm consent to a “special arbitration procedure” to deal with investors’ consequential damages relating to the sudden illiquidity of ARS.  On December 16, 2008, the Financial Industry Regulatory Authority (“FINRA”) announced the details of this “special arbitration procedure.” 

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Read More FINRA Announces Details of Special Arbitration Procedure for Auction Rate Securities Consequential Damages

The Supreme Judicial Court of Massachusetts recently held that claims against a livery service for negligently dropping off a drunken passenger in a location where he was likely to drive home “arose out of” the use of the livery service’s van, as the term “arise out of” is broadly interpreted in construing the scope of coverage under auto policies. …
Read More Supreme Judicial Court Holds That Claims Against Limo Service for Allowing Drunken Passenger to Drive Home “Arose Out of” Use of Automobile under Auto Policy