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

In June 2012, the Senate Committee on Insurance passed Assembly Bill 999 by a vote of five to three.  The bill, sponsored by Commissioner Jones and the California Department of Insurance, modifies the long-term care insurance premium rate development process and requires that consumers be permitted to review policy language before purchasing a policy. …
Read More California Senate Committee Passes Long-Term Care Bill

Back in March, the UK Government confirmed that it would change the law on criminal cartels, so that conviction would no longer require proof of dishonesty.  This change could potentially see participation in perfectly lawful and legitimate activities that may involve an element of collective price setting, such as the Lloyd’s subscription market or insurance pools, becoming a criminal offence for the individuals concerned, punishable by up to five years in prison. …
Read More UK: Proposed Changes to Criminal Cartel Offence Creates Risks for Insurance Markets

The Texas Supreme Court recently issued its landmark opinion in the rehearing of Texas Mutual Insurance Co. v. Ruttiger, No. 08-0751 (Tex. June 22, 2012).  The opinion was originally issued on August 26, 2011, but was withdrawn after the Court granted the parties’ motion for a rehearing on February 17, 2012. …
Read More Texas Supreme Court Holds that Workers’ Compensation Carriers are Not Subject to Common Law Bad Faith Claims