The Court of Appeal in European Risk Insurance Company HF v Collette Ann McManus & Ors [2013] EWHC 18 (Ch), has upheld a High Court judge’s decisions to a) refuse declaratory relief and b) award the claimants 60% of the costs of the hearing, stating that the first instance judge had given detailed and rational explanations for her decision to withhold the declaratory relief sought and that it could see no basis for interfering with this exercise of her discretion on either this or the issue of costs. …
Read More UK: Notification of ‘Circumstances’ Need Not Specify An Incident

The Competition Commission (CC) has published its provisional findings in its investigation into the private motor insurance market, as well as possible remedies to address the competition concerns identified. This follows its issues statement of July 2013 that set out market characteristics it considered might be adversely affecting competition (please see our previous blog here). …
Read More UK: Competition Commission Publishes Provisional Findings in Private Motor Insurance Investigation

The Financial Conduct Authority (FCA) has published its policy statement on ‘Publishing Information about Enforcement Warning Notices’; aimed at advancing its consumer protection and integrity objectives. …
Read More UK: The Financial Conduct Authority Announces its Policy for Publishing Information About Enforcement Warning Notices

On December 12, 2013, the Federal Insurance Office (the “FIO”) published its long-delayed report entitled “How to Modernize and Improve the System of Insurance Regulation in the United States” (the “Report”). The FIO was required under Title V of the Dodd-Frank Wall Street Reform and Consumer Protection Act to issue the Report almost two years ago. …
Read More FIO Weighs in on Financial Captive Reinsurers and the Use of PBR

Until last week, Indiana courts were strict in their treatment of an insurance bad-faith lawsuit. Not only must the plaintiff show ill will by the insurer, he must show that the insurer denied coverage wrongfully. E.g., Foster v. State Farm Fire & Cas. Co., no. 1:10-cv-20 (N.D. Ind. Aug. 17, 2011). …
Read More An Indiana Court Allows a Bad-Faith Claim Even Though the Insurer Denied Coverage Correctly

At the International Insurance Relations (G) Committee meeting on Sunday, December 15, there were presentations by Gordon Brady, Deputy Secretary General of the International Association of Insurance Supervisors (IAIS) and Gabriel Bernadino, Chairman of the European Insurance and Occupational Pension Authority (EIOPA) on the development of international standards for insurance company solvency by the IAIS. …
Read More NAIC Disputes Need for Global Capital Standards

On November 24, Iran entered into a Joint Plan of Actionwith the United States, China, the Russian Federation, France, Germany, and the United Kingdom (the “E3/EU+3”), whereby in exchange halting to certain uranium enrichment activities and agreeing to be monitored by the International Atomic Energy Agency, the E3/EU+3 agreed to, among other things, suspend U.S. and E.U. sanctions on Iran’s petrochemical exports and associated services (“Joint Plan”). …
Read More Suspension of U.S. and E.U. Sanctions on Insurance Related to Iran’s Petrochemical Exports

Edwards Wildman hosted a roundtable at the 2013 NAIC Fall National Meeting in Washington, DC with Richard Schlesinger, Chief of Reinsurance and Surplus Lines, from the New Jersey Department of Banking and Insurance for a discussion about the New Jersey Reinsurance Certification Program. …
Read More NAIC: Edwards Wildman Roundtable with Richard Schlesinger, Chief of Reinsurance and Surplus Lines New Jersey Department of Banking and Insurance

On 27 November 2013, the European Insurance and Occupation Pensions Authority (EIOPA), published new “comply or explain” guidelines in respect of the complaints-handling process undertaken by insurance intermediaries (the Guidelines). …
Read More EU: EIOPA Publishes New Guidelines on Complaints-Handling by Insurance Intermediaries