On the first morning of the PLUS D&O Symposium, a panel discussed the emerging field of D&O insurance issued to private and non-profit companies, and whether this market was a “Nest Egg or Power Keg.” The panelists commented that insurers of private companies can be exposed to broad lawsuits involving unexpected liabilities that were not intended to be within the scope of D&O coverage. …
Read More PLUS D&O Comment: Private Companies, Tortious Interference, and Contractual Liability Exclusions

The National Association of Insurance Commissioners (“NAIC”) held its Fall National Meeting (the “Meeting”) from November 29th through December 2, 2012. Among the topics discussed was the need to address the perceived “XXX and “AXXX” reserve redundancies applicable to life insurers. …
Read More NAIC Fall National Meeting Foreshadows More Flexibility for Life Insurers

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
Edwards Wildman Palmer LLP
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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