The High Court has decided to stay two cases, Barnes v Black Horse Ltd and McIlquham v Black Horse Ltd [2012] EWHC 1950 (QB), in which the claimants allege they were missold PPI products by Black Horse Limited (part of the Lloyds TSB Group). …
Read More UK: Payment Protection Insurance Cases Stayed Pending Supreme Court Decision in Harrison v Black Horse

In Coles & Ors v Hetherton & Ors [2012] EWHC 1599, Mr Justice Cooke handed down judgment on two preliminary questions related to claims under policies of motor insurance. Cooke J held that: (1) where a vehicle has been damaged, the correct measure of damages is the diminution in value, which is taken to be reasonable cost of repairs; and (2) a tortfeasor cannot rely on any arrangements made by a claimant’s insurer in relation to the car’s repairs, and thus cannot argue that it is the actual cost to the insurer that is to be taken as the measure of loss. …
Read More UK: High Court Considers the Measure and Reasonableness of a Claimant’s Loss

U.S. House Representative from Michigan Hansen Clarke (D) proposed legislation on July 13, 2012 that would prohibit insurance companies from using credit scores to determine automobile insurance rates.   The bill, H.R. 6129, is titled the “Ban the Use of Credit Scores in Auto Insurance Act,” and was referred to the House Committee on Financial Services. …
Read More Bill to Ban the Use of Credit Score in Insurance Rating Introduced into United States House of Representatives

SEBELIUS: MOST STATES WILL PARTICIPATE IN MEDICAID EXPANSION
In a speech on July 11, Health and Human Services Secretary (HHS) Kathleen Sebelius expressed confidence that most states will participate in the expansion of the Medicaid program provided for in the Patient Protection and Affordable Care Act (PPACA). …
Read More Healthcare Update: Sebelius: Most States will Participate in Medicaid Expansion; New Funding Made Available for Health Insurance Exchanges

In Aizkir Navigation Inc v Al Wathba National Insurance [2011] EWHC 3940 (Comm), the High Court considered a principle of contractual construction and held that a clause stating that claims “be settled in accordance with English Law and practice shall be so settled in Abu Dhabi (UAE)” amounted to an exclusive jurisdiction clause in favour of the United Arab Emirates (the UAE) and there was no overwhelming reason to displace that jurisdiction clause. …
Read More UK: The English High Court Finds No Compelling Reason to Displace a UAE Jurisdiction Clause

On 27 June the Supreme Court handed down its judgment in the case of Summers v Fairclough Homes Limited [2012] UKSC 26, which gives helpful guidance on the exercise of courts’ jurisdiction to strike out statements of case. …
Read More UK: Supreme Court Preserves Courts’ Jurisdiction to Strike Out Exaggerated Claims During Trial

As of July 2, 2012, the seasoning requirements under NJAC 11:1-10.4 for foreign and alien property and casualty insurers have been reduced.  Now, an insurer seeking a New Jersey Certificate of Authority to transact property and casualty insurance must have only three (3) years of qualifying operating history instead of five (5) years. …
Read More New Jersey Reduces Seasoning Requirements for Foreign and Alien Property and Casualty Insurers

Florida has amended its captive law pursuant to H.B. 1101, reducing minimum capital and surplus requirements for industrial insured captives, expanding the lines of insurance that may be written by captives, and recognizing pure and special purpose captive insurance companies as distinct from traditional Florida domestic insurers. …
Read More Florida Amends Captive Law

In perhaps the most widely anticipated Supreme Court decision since Bush v. Gore in 2000, the Patient Protection and Affordable Care Act (“PPACA”) was upheld on Thursday in a narrow 5 to 4 decision. Many believed that the Court would hold the law unconstitutional because of a provision known as the “individual mandate,” which requires most U.S. citizens to purchase health insurance or pay a penalty. …
Read More Healthcare Update: Supreme Court Upholds Constitutionality of Affordable Care Act