United States Archives - Page 297 of 314

Environmental Claims – Florida Underground Storage Tank Upgrades Required by December 31, 2009

Sep 25, 2007 | Florida Developments | United States

Pursuant to Florida Administrative Code, chapter 62-761, effective December 31, 2009, all underground storage tank systems in the state of Florida must adhere to the requirements for “secondary containment” with “interstitial monitoring,” which were established in July 1998.

More Than 50 Lawsuits Filed Alleging That Popular Laxative Causes Kidney Failure

Sep 24, 2007 | Product Liability | United States

A widely used over-the-counter laxative product is one of the latest targets in nationwide medical product liability litigation. According to complaints filed in over 50 lawsuits in at least 20 jurisdictions, C.B. Fleet Company’s Phospho-soda product, used commonly to prepare patients for colonoscopies and surgical procedures, has allegedly caused kidney failure and even death in some cases.

Consumer Drug Related Injuries and Deaths More Than Doubled Between 1998 and 2005

Sep 24, 2007 | Product Liability | United States

A study recently published in the Archives of Internal Medicine reports that serious adverse drug events reported to the FDA more than doubled between 1998 and 2005. As defined by the FDA, serious adverse drug events involve drug reactions that “result in death, birth defect, disability, or hospitalization, or are otherwise life threatening or require intervention to prevent harm.”

California Federal Court: FDA Premarket Approval Process Does Not Preempt State Causes of Action

Sep 24, 2007 | Product Liability | United States

The Federal District Court for the Northern District of California recently ruled that the FDA’s premarket approval (“PMA”) process for Class III devices does not preempt state law causes of action.

Reinsurance Reports: Stabilized Market; Softening of Prices

Sep 21, 2007 | Industry Developments, Reinsurance | United States

The reports, studies and opinions about the reinsurance market for 2008 have continued to emanate from Monte Carlo over the past two weeks. Aon and Guy Carpenter released reports timed to the Monte Carlo Reinsurance Rendezvous, which indicate that the reinsurance market stabilized in 2007, with capacity increasing to meet the increased demands in 2006 arising after the large catastrophes of 2005 and prior years.

Seventh Circuit Enforces 30-Day Deadline to Select Party-Appointed Arbitrator

Sep 21, 2007 | Arbitration, Asbestos, Illinois Developments, Reinsurance | United Kingdom, United States

The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s decision finding that a cedent’s appointment of an arbitrator in a reinsurance arbitration was invalid because it did not fall within the time limitations set forth by the reinsurance contract at issue.

Court Rules That Four Separate Panels Must Resolve Arbitration Consolidation Issues

Sep 20, 2007 | Arbitration, Reinsurance | United States

Recently, in Argonaut Ins. Co. v. Century Indemnity Co., No. 05-5355 (E.D. Pa. September 5, 2007), the United States District Court for the Eastern District of Pennsylvania was asked to determine which of four arbitration panels should decide the question of whether individual arbitration proceedings should be consolidated.

Bad Faith Plaintiff Entitled To Discovery Of Insurer’s Records Concerning Reserves, Financial Performance of Policy Line, and Claims Personnel Compensation

Sep 20, 2007 | Coverage & Claims, Extra-Contractual Liability, New York Developments | United States

Judge Ashley Royal of the United States District Court for the Middle District of Georgia recently held in a case by an insured against its disability insurer alleging bad faith refusal by the insurer to pay disability benefits, that the plaintiff was entitled to discovery of a wide range of documents potentially bearing on the insurer’s “intent” and the circumstances “surrounding” the insurer’s refusal to pay.

Breaking News: House Approves TRIA Extension

Sep 19, 2007 | Federal Legislative Developments, Regulatory, Terrorism Risk and Insurance | United States

Despite news reports that the White House plans to veto the Terrorism Risk Insurance Revision and Extension Act of 2007 (“TRIREA”) in its current form, the U.S. House of Representatives overwhelmingly voted 312-110 today in favor of TRIREA, which would extend TRIA 15 more years and add group life insurance and domestic terrorism coverage.

New York Insurance Superintendent Recommends Alternative Workers’ Compensation Rating System

Sep 19, 2007 | Industry Developments, New York Developments, Regulatory | United States

New York’s Insurance Superintendent, Eric Dinallo, recently issued a report analyzing the workers’ compensation rating system currently in place in New York State. The Report, which was required by the 2007 Workers’ Compensation Reform Act, proposes wholesale changes to the workers’ compensation rating system currently in place.

Jurisdiction: United States

Environmental Claims – Florida Underground Storage Tank Upgrades Required by December 31, 2009

More Than 50 Lawsuits Filed Alleging That Popular Laxative Causes Kidney Failure

Consumer Drug Related Injuries and Deaths More Than Doubled Between 1998 and 2005

California Federal Court: FDA Premarket Approval Process Does Not Preempt State Causes of Action

Reinsurance Reports: Stabilized Market; Softening of Prices

Seventh Circuit Enforces 30-Day Deadline to Select Party-Appointed Arbitrator

Court Rules That Four Separate Panels Must Resolve Arbitration Consolidation Issues

Bad Faith Plaintiff Entitled To Discovery Of Insurer’s Records Concerning Reserves, Financial Performance of Policy Line, and Claims Personnel Compensation

Breaking News: House Approves TRIA Extension

New York Insurance Superintendent Recommends Alternative Workers’ Compensation Rating System

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