In (1) Michael Nulty Deceased (2) Wing Bat Security Limited (3) National Insurance and Guarantee Corporation Limited (NIG) v Milton Keynes Borough Council (the Council) [2013] EWCA Civ 15, professional indemnity insurer NIG unsuccessfully appealed against a decision which saw the actions of its insured, an electrical engineer, described as the most probable cause of a fire in Milton Keynes in 2005. The standard of proof in civil cases in England and Wales is the balance of probabilities. …
Read More UK: Court of Appeal Considers Balance of Probabilities

On January 29, 2013, the International Group of P&I Clubs (IGP&IC) released Frequently Asked Questions relating to Council Regulation (EU) No. 1263/2012. For the IGP&IC FAQs click here and for the E.U. council regulation click here.   …
Read More Insurance of Ships Using Bunker Oil Produced From Iranian Crude May Not Violate Sanctions

As we reported here, the U.S. Department of Health and Human Services (“HHS”) recently issued final regulations (the “Final Rule”) implementing changes to HIPAA mandated by the HITECH Act. The long awaited Final Rule addresses a number of privacy and security topics, including breach notification. …
Read More HHS Broadens Notification Obligations in Final Data Breach Notification Rule

The insurance industry employs many agents (for example, brokers, coverholders, underwriting agents) and inevitably there have been occasions when an agent has been in receipt of a secret commission (or bribe) in breach of the agent’s duties to its principal. …
Read More UK: Principal’s Remedies for Secret Commission

February 5, 2013
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Edwards Wildman Speakers: John D. Hughes, Mary-Pat Cormier, Mark Meyer …
Read More Edwards Wildman Complimentary Seminar – Directors and Officers Insurance: An International Perspective

For several years, the editors of insurereinsure.com have used social media tools to share blog posts and other information. Now, Edwards Wildman is following suit. Firm-related content is now available in a number of popular social media formats. …
Read More Edwards Wildman’s Insurance Practice Paves the Way for Firm-Wide Use of Social Media

Joining Guernsey and the Cayman Islands, Jeremy Cox, CEO of the Bermuda Monetary Authority, announced that Bermuda will not apply Solvency II to captives. Mr. Cox’s remarks came during his presentation of the BMA’s 2013 Business Plan on January 29, 2013. Click here for the BMA’s press release. …
Read More BMA Announces Solvency II Will Not Apply to Captives

In a recent decision, an Illinois appellate court determined that the collapse of a porch, resulting in injury or death to more than forty individuals, constituted a single “occurrence” for the purposes of determining coverage under a commercial general liability insurance policy. With this decision, the court recognized an important limitation on the applicability of a test previously adopted by the state’s Supreme Court for determining the number of occurrences implicated by a claim. …
Read More Illinois Appeals Court Declines To Extend “Time and Space Test” For Determining Number Of Occurrences To Cases Involving Single Negligent Act