On June 11, the United States Supreme Court has paved the way for additional litigation under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”).
United States
First Circuit Finds Flexibility in “Sudden and Accidental” Pollution Exception
By Troutman Pepper Locke on
On May 30, the U.S Court of Appeals for the First Circuit held that an insured’s broad allegations of pollution over a course of decades are enough to trigger a liability insurer’s duty to defend environmental contamination lawsuits.
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Eliot Spitzer Establishes Commission to Modernize Insurance Regulation in New York
By Troutman Pepper Locke on
On May 29th, Eliot Spitzer, Governor of New York, signed an executive order creating the New York Commission to Modernize the Regulation of Financial Services. The Commission’s objective is to streamline state regulation of an industry that has become increasingly complex over the past decade.
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Introducing Pennsylvania’s New Insurance Commissioner
By Troutman Pepper Locke on
Joel Ario, former insurance administrator of the Insurance Division in the Oregon Department of Consumer and Business Services (“DCBS”), has confirmed that he has accepted the nomination by Pennsylvania Governor Edward Rendell to serve as Insurance Commissioner for Pennsylvania.
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Florida Court Recognizes New Statutory Medical Malpractice Bad Faith Cause of Action
By Troutman Pepper Locke on
A Florida appellate court recently recognized a new statutory cause of action for bad faith in the handling of medical malpractice claims.
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Hurricane Katrina Whistleblower Lawsuit
By Troutman Pepper Locke on
A Katrina-related whistleblower lawsuit originally filed under seal on August 2, 2006, was recently unsealed and made public.
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NAIC Adopts Military Sales Practices Model Regulation
By Troutman Pepper Locke on
Posted in Regulatory, United States
On June 4, 2007, the National Association of Insurance Commissioners (NAIC) adopted the Military Sales Practices Model Regulation. The purpose of the Model Regulation is to provide uniform standards through which active duty service members of the United States Armed Forces are protected from dishonest and predatory insurance sales practices.
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Group Health Incorporated Spots Insurance Fraud in Alleged Brain Surgery Scam
By Troutman Pepper Locke on
Posted in Healthcare, United States
Given the escalating costs of covering legitimate health care services, the last thing the health insurance industry needs is to be paying for services that were never rendered. Fortunately, state and federal laws provide harsh penalties for this sort of fraud.
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NAIC Begins Drafting of Excess/Surplus Lines Interstate Compact
In an effort to stay one-step ahead of related federal legislation, an interested parties group within the NAIC has begun drafting an interstate compact that will allow for the uniform regulation of excess/surplus line transactions.
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NAIC Plans to Address Collateral Issue by Modernizing Reinsurance Regulation
By Troutman Pepper Locke on
Earlier this week, the Reinsurance Task Force (“RTF”) met at the NAIC’s quarterly conference in San Francisco to discuss ways to overhaul reinsurance regulation in the United States thereby reducing collateral charges for nonadmitted reinsurers.
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