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A Massachusetts court recently ruled that a “good health” requirement in a life insurance policy must be interpreted based upon what the contracting parties knew at the time the policy was issued (a subjective test), not based upon what in fact turned out to be true based on discoveries made at a later date (an objective test). 

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Read More Massachusetts Court Applies Subjective Test Concerning Good Health Requirement In Life Insurance Policy

Massachusetts’ highest court recently formally recognized joint defense agreements as an exception to waiver of the attorney-client privilege under the common interest doctrine.  Hanover Ins. Co. v. Rapo & Jepsen Ins. Svcs., Inc., Docket No. SJC-09780 (August 3, 2007). 

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Read More Massachusetts Recognizes Common Interest Doctrine, Joint Defense Privilege

Last week, the Senate Baking, Housing, and Urban Affairs Committee, in a voice-vote, approved a bill (The Commission on Natural Catastrophe Risk Management and Insurance Act of 2007) that would create a national commission to examine natural disaster risks. 

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Read More Senate Committee Approves Bill to Create Natural Disaster Commission

In a dispute concerning the appointment of an umpire in a reinsurance arbitration, the federal district court of Connecticut held that it, and not the parties, should appoint the umpire and appointed Robert M. Hall to serve on the arbitration panel. 

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Read More Federal District Court in Connecticut Appoints Umpire in Reinsurance Arbitration

As we wrote about here, the Fifth Circuit heard oral argument on June 5 on the appeal of Judge Duval’s November 2006 decision on the enforceability of various policies’ flood exclusions.  On August 2, the Fifth Circuit issued its opinion and partially reversed Judge Duval’s decision. 

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Read More Fifth Circuit Rules in Favor of Flood Exclusions

The Indiana Court of Appeals recently held that a company that acquires liabilities through a merger or acquisition may seek coverage under the acquired company’s occurrence-based insurance policies for losses that occurred before merger or acquisition. 

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Read More Split of Authority: Does An Acquiring Company Obtain An Acquired Company’s Coverage For Pre-Acquisition Losses?

Florida’s personal injury protection (“PIP”) statute, Florida Statute § 627.736, requires Florida insureds to maintain at least $10,000 in “no fault” coverage for automobile accidents and compels insurers to pay 80% of all reasonable, related, and necessary medical expenses.  However, subsection (10) of the PIP statute creates an alternative to standard PIP coverage options. 

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Read More Florida No Fault Coverage – Insurers May Reimburse Medical Providers at the Providers’ PPO Contract Rates

Late yesterday afternoon, the House Financial Services Committee approved an amended version of the Terrorism Risk Insurance Revision and Extension Act of 2007 (“TRIREA”) by a vote of 49 to 20. 

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Read More Terrorism Risk Insurance Revision and Extension Act of 2007 Inches its Way Toward Passage