HOUSE AND SENATE DEMOCRATS INTRODUCE MEDICARE BILL
As lawmakers continue negotiations on a federal spending reduction plan that will accompany a vote to raise the debt ceiling this summer, Democrats last week introduced legislation to rein in costs in the Medicare prescription drug program (Medicare Part D). …
Read More Healthcare Update: Democratic Lawmakers Introduce Medicare Bill; CMS Releases Mental Health Center Proposed Rule; HHS Unveils National Prevention Strategy – June 20, 2011
Transocean Ltd. said Friday that insurers of its sunken Deepwater Horizon drilling rig have asked a federal judge to decide if BP Plc and other owners of the Macondo well are entitled to any insurance coverage for the April 20, 2010 disaster. …
Read More Deepwater Horizon: Transocean’s Insurers Seek Federal Court Opinion on Payment to BP
A federal court recently denied a cedent’s motion to transfer a lawsuit commenced by its reinsurer from New York to Connecticut. The cedent argued that the case should be transferred because the issues involved were related to similar lawsuits commenced by the cedent against other reinsurers in Connecticut, and because the action could have been brought in that forum. …
Read More Federal Court Rules that Reinsurance Dispute Should Not be Transferred from New York to Connecticut
Airmic (the UK Association of Insurance and Risk Managers in Industry and Commerce) has issued a research paper asserting that the remedy of avoidance ab initio for non-disclosure of material information is only appropriate if (i) the non-disclosure has been fraudulent; or (ii) the insurer would not have written the business on any terms had the information been disclosed. The paper provides that: “In simple terms, Airmic has the view that any remedy should be proportionate to the nature of the non-disclosure and the circumstances that gave rise to that non-disclosure“. …
Read More UK: Airmic Proposes Non-Disclosure/Misrepresentation Clause
In Janus Capital Group, Inc. and Janus Capital Management LLC v. First Derivative Traders, decided June 13, 2011, the Supreme Court held that Janus Capital Management LLC (JCM), a subsidiary of Janus Capital Group, Inc. (JCG) and investment advisor for JCG on a group of its mutual funds, cannot be held primarily liable in a private action by JCG shareholders for alleged false statements in a prospectus under Section 10(b) of the Securities Exchange Act of 1934 and SEC’s Rule 10b-5. …
Read More Client Advisory – Supreme Court Rules Mutual Fund Investment Advisor Not Liable for Securities Fraud in Private Securities Fraud Action
On Tuesday, June 14th, the Commodity Future Trading Commission (CFTC) announced that it would delay rules on certain derivatives rules for up to six months as they work to implement the Dodd-Frank financial reform law. …
Read More CFTC Delays Dodd-Frank Mandated Rules on Derivatives
In April this year, an interim Report of the UK’s Independent Commission on Banking recommended that large banks should be required to ring fence their retail services – including deposit taking and payment systems – and to support them with additional capital. …
Read More UK: UK Banks – Ring Fences and Firewalls
On June 28, 2011, EAPD’s Vince Vitkowsky will be chairing a Symposium in Washington D.C. on Cyber Security, National Security and Economic Security. Speakers include representatives of the US Cyber Command and several former officials of the Department of Homeland Security. …
Read More Symposium on Cyber Security, National Security & Economic Security
A New York federal court recently held that a reinsurer, and not the court, had the authority to appoint a replacement arbitrator, even though the reinsurance agreement at issue did not specify a method to do so. …
Read More Reinsurer, and Not Court, Should Select Replacement Arbitrator
As we originally reported here, the Connecticut Legislature’s proposed bill, S.B. 11, An Act Concerning the Rate Approval Process for Certain Health Insurance Policies, if enacted, would expand the current rate approval process as administered by the Connecticut Department of Insurance for proposed increases of 10% or more for health and long-term care insurance. The bill has recently passed both the House and the Senate in the legislative body’s third attempt to get such a bill to the governor’s desk. …
Read More Connecticut Health Insurance Rate Increase Symposia Law Passes Through Legislature to Governor’s Desk
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