Jurisdiction: United States

Iowa Seeks Reforms to Long-Term Care Insurance

At the request of Governor Culver in June of this year, the Iowa Division of Insurance conducted a three-month review of issues relating to long-term care insurance.  The Governor’s request grew out of concerns at both the state and national level regarding long-term care insurance policies and increasing complaints about pricing, rate increases, denial of claims and questionable market practices. 

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New York Proposes Mandatory Requirement for Property Insurers to Maintain Catastrophe Reserves

New York Insurance Superintendent Eric Dinallo announced last week that the State is considering a new regulation requiring that all property insurers writing policies covering damage from hurricanes and other natural disasters establish on their books a catastrophe reserve.  If adopted, this regulation would be the first of its kind in the United States. 

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SDNY Applies “Prior And Pending Litigation” Exclusion To Limit Coverage Under D&O Policy

The United States District Court for the Southern District of New York recently broadly applied a so-called “prior and pending litigation” exclusion to limit coverage for the settlement of a lawsuit, finding that many of the lawsuit’s allegations overlapped with allegations made in a lawsuit filed prior to the inception of the policy. 

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Stoneridge v. Scientific-Atlanta: Supreme Court Indicates It Will Not Broaden Secondary Actor Liability In Securities Class Actions

The United States Supreme Court heard oral argument yesterday in a case that presents the Court with the opportunity to broaden the class of potential defendants in private securities class actions, which would substantially increase litigation exposure for corporate America.  The questions and comments of the Justices suggest that the majority of the Court is not prepared to alter the current securities class action landscape. 

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Massachusetts Attorney General Files Suit Against National Mortgage Lender Over Subprime Mortgages

Massachusetts Attorney General Martha Coakley announced on Friday that her office has filed a lawsuit against one of the nation’s largest subprime lenders, Fremont Investment and Loan (“Fremont”).  The suit accuses Fremont of predatory lending practices under Massachusetts’ 2004 Predatory Home Practices Act. 

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