Following a three-year investigation, the Ohio Attorney General filed suit last week against Marsh & McLennan Companies, Inc. and four insurers, alleging violations of Ohio’s antitrust laws. The complaint contends that Marsh and the insurers conspired to eliminate competition in the market for commercial casualty insurance in Ohio during the 2001 through 2004 time period.
United States
New York State Insurance Department Instructs Insurers to Rescind Non-Renewal Notices Sent to Coastal Homeowners
By Troutman Pepper Locke on
In a press release issued August 28, 2007, New York Insurance Superintendent Eric R. Dinallo announced that insurers may not refuse to renew homeowners insurance policies based on whether a policyholder has other business with them, such as an automobile or life insurance policy.
New York Enacts Managed Care Law Reforms
By Troutman Pepper Locke on
On August 1, 2007, New York’s Governor Spitzer signed into law S.3986-A, a bill intended to decrease friction between managed care plans and their participating providers on certain sensitive issues. Most significantly, if a health plan requires that certain health care services be preauthorized in order to be covered, then once a service has been preauthorized and performed, the plan may not thereafter deny coverage for the service.
Connecticut State Court Rules That Service On Designated Agents For Process Sufficient And Orders Hearing On Amount Of Prepleading Security To Be Posted
By Troutman Pepper Locke on
On remand for further proceedings from the Connecticut Supreme Court, the Appellate Court of Connecticut recently agreed with plaintiffs Hartford Accident and Indemnity Company and thirteen of its affiliates’ statutory interpretation of Connecticut General Statutes § 38a-27, holding that the plaintiffs are entitled to prepleading security from defendants Ace American Reinsurance Company and various other foreign reinsurance companies.
Enforceability of Arbitration Agreements to be Decided by Tenth Circuit
By Troutman Pepper Locke on
The Reinsurance Association of American (“RAA”) recently joined a reinsurer in urging the United States Court of Appeals for the Tenth Circuit to overturn a decision of the Northern District of Oklahoma that held that Oklahoma’s Uniform Arbitration Act (the “Oklahoma Act”) prohibits arbitration agreements in reinsurance contracts.
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Willis Amends New York Settlement Agreement
By Troutman Pepper Locke on
On the heels of Marsh’s recent amendment to its broker fees settlement agreement with New York (which we reported about here), Willis has also reached an agreement with New York to amend its 2005 broker fees settlement agreement.
Alabama Jury Hears State’s First Wind Versus Water Trial
By Troutman Pepper Locke on
Mississippi and Louisiana are not the only states to be affected by Hurricane Katrina and last week, an Alabama jury heard its first Katrina-related wind versus water insurance case.
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Ninth Circuit Finds Two Class-Actions Are Interrelated Wrongful Acts
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
The Ninth Circuit Court of Appeals has ruled that two separate class-action lawsuits, filed during different policy periods by different plaintiffs in different forums (as well as under two different legal theories), are Interrelated Wrongful Acts and subject to one policy limit.
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Environmental Claims – Florida Appellate Court Enforces New York Forum Selection Clause in Petroleum Discharge Case
By Troutman Pepper Locke on
In a recent decision, Florida’s First District Court of Appeal enforced an express New York choice of law/forum selection provision in an environmental liability policy insuring a gas station located in Florida. …
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U.S. House to Review Homeowners’ Defense Act of 2007
At the top of the United States House of Representatives agenda when it reconvenes in September is a review of the “Homeowners’ Defense Act of 2007” (H.R. 3355 or the “Act”), a bill introduced on August 3, 2007 by Reps. Robert Klein and Tim Mahoney of Florida.
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