United States Archives - Page 287 of 314

KAMP RE Cat Bond About to be Triggered

Nov 12, 2007 | Catastrophe Claims, Industry Developments, Reinsurance | United States

Last week, Standard & Poor’s (“S&P”) revealed that a $190 million catastrophe bond issued by special purpose vehicle KAMP RE 2005 Ltd. (“KAMP RE”) on behalf of Swiss Reinsurance America Corp., (“Swiss Re”) is about to be triggered.

Washington Voters Approve Measure to Allow Treble Damages in Insurer Bad Faith Actions

Nov 12, 2007 | Coverage & Claims, Regulatory | United States

On Tuesday, Washington voters approved a measure to allow plaintiffs to receive treble damages from claims alleging bad faith claims handling by an insurer. This is a marked increase from the current law that limits recoveries resulting from bad faith of an insurer to the actual damages incurred.

California Appellate Court Rejects Narrow Definition of Attorney-Client Privilege With Respect to Documents Contained in Insurer’s Claims Files

Nov 12, 2007 | Coverage & Claims, Reinsurance | United States

In Zurich American Ins. Co. v. The Superior Court of Los Angeles County, et al., No. B194793 (Cal. App., 2nd Dist., Oct. 11, 2007), an appellate panel reversed a lower court’s order and held that the attorney-client privilege extends to communications between an insurer’s employees regarding legal advice and strategy, even if such communications do not contain advice directly from counsel, when disclosure is reasonably necessary for the transmission of that information or to further the purpose of the legal consultation.

State Farm Sues Mississippi Attorney General Jim Hood

Nov 12, 2007 | Catastrophe Claims | United States

The Federal District Court for the Southern District of Mississippi recently unsealed the court record in a lawsuit filed by State Farm Fire and Casualty Company (“State Farm”) against the Attorney General of Mississippi, Jim Hood.

Louisiana AG Files State Antitrust Suit Against Insurers

Nov 9, 2007 | Antitrust, Catastrophe Claims | United States

On November 8, 2007, Louisiana Attorney General Charles C. Foti, Jr. announced that his office filed a petition in New Orleans Civil District Court suit against Allstate Insurance Company, Lafayette Insurance Company, Xactware, Inc., Marshall & Swift/Boeckh, LLC, Insurance Services Office, Inc., State Farm Fire and Casualty Company, USAA Casualty Insurance Company, Farmers Insurance Exchange, Standard Fire Insurance Company and McKinsey & Company for alleged violations of the Louisiana Monopolies Act.

Federal District Court Holds “Known Loss” Exclusion Does Not Apply to Mold Damage Resulting From Faulty Roof Repair

Nov 8, 2007 | Coverage & Claims, Florida Developments | United States

In Transportation Insurance Company v. The Regency Roofing Companies, Inc., C.A. No. 05-80830 (S.D. Fla. Oct. 2, 2007), the United States District Court for the Southern District of Florida recently ruled that the “known loss” exclusion in a commercial general liability (“CGL”) policy did not preclude coverage for mold related injuries that arose from the insured’s faulty roof installation and repair.

California Court Affirms Multimillion-Dollar Verdict Against Insurer That Failed to Settle Underlying Case for $100,000 Policy Limit

Nov 7, 2007 | Coverage & Claims, Extra-Contractual Liability | United States

In Encarnacion v. 20th Century Ins. Co., Nos. B179825 & 182737 (Cal. Ct. App. Sept. 27, 2007), an unreported decision, a California appeals court recently affirmed a multimillion-dollar verdict against an insurer that failed to settle the underlying suit for the $100,000 policy limit.

Coverage for Additional Insured Limited to Vicarious Liability

Nov 7, 2007 | Coverage & Claims, Florida Developments | United States

In Garcia v. Federal Ins. Co., No. SC06-2524 (Fla. Oct. 25, 2007), on two questions certified by the Eleventh Circuit, the Florida Supreme Court recently held that an employer’s insurance policy was not ambiguous and that it covered an employee, as an additional insured, only when the employee was vicariously liable for her employer’s conduct.

Bermuda Dissolves Parliament, Will Hold General Election In December

Nov 7, 2007 | Industry Developments | Bermuda, United States

Bermuda Premier Ewart Brown of the Progressive Labour Party (“PLP”) has announced, through a video posted on YouTube, that Bermuda will hold its first general election since 2003.

Massachusetts Courts Weigh In On Conflicts of Law, Bad Faith Damages And Duty To Defend

Nov 7, 2007 | Coverage & Claims, Extra-Contractual Liability, Massachusetts Developments, Toxic Tort | United States

Three recent Massachusetts cases touched on issues of significance to insurers doing business in and around the Commonwealth.

Jurisdiction: United States

KAMP RE Cat Bond About to be Triggered

Washington Voters Approve Measure to Allow Treble Damages in Insurer Bad Faith Actions

California Appellate Court Rejects Narrow Definition of Attorney-Client Privilege With Respect to Documents Contained in Insurer’s Claims Files

State Farm Sues Mississippi Attorney General Jim Hood

Louisiana AG Files State Antitrust Suit Against Insurers

Federal District Court Holds “Known Loss” Exclusion Does Not Apply to Mold Damage Resulting From Faulty Roof Repair

California Court Affirms Multimillion-Dollar Verdict Against Insurer That Failed to Settle Underlying Case for $100,000 Policy Limit

Coverage for Additional Insured Limited to Vicarious Liability

Bermuda Dissolves Parliament, Will Hold General Election In December

Massachusetts Courts Weigh In On Conflicts of Law, Bad Faith Damages And Duty To Defend

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