On 22 March 2011, the China Insurance Regulatory Commission (CIRC) published a set of draft Tentative Administrative Measures on the Transfer of Insurance Business (Draft Measures) for public consultation by 11 April 2011. …
Read More China: CIRC Seeks Consultation on Tentative Administrative Measures on the Transfer of Insurance Business

The Hong Kong government released on 25 March 2011 a proposal to build up a safety net of almost HK$2 billion for the city’s insurance policyholders (Proposal). The Proposal is open for public consultation until 25 June 2011. …
Read More HK: Proposed Establishment of a Policyholders’ Protection Fund (PPF)

By a majority decision (5-2) the UK Supreme Court in Jones v Kaney [2011] UK SC 13, in a leapfrog appeal from a first instance decision, has held that there is no longer any justification for the immunity of expert witnesses from civil suit for breach of duty in relation to their involvement in litigation. …
Read More UK: Supreme Court Holds that Expert Witnesses are no Longer Immune from Civil Suit

In another episode in the Scottish Lion saga the Inner House of the Court of Session (the Scottish Court of Appeal) has confirmed the first instance decision, on a preliminary point, that where a document which might be the subject of privilege is disclosed for a particular purpose, the privilege will be deemed to have been waived in relation to closely related purposes. …
Read More Blog: Waiver of Privilege

The case of Tryggingarfelagio Foroyar P/F v CPT Empresas Maritimas S.A. [2011] EWHC 589 (Admlty) concerned whether the agreement between the claimant’s insured and the defendant was subject to a set of standard terms which incorporated an English arbitration clause. …
Read More UK: High Court Decides that Wreckage Dispute must stay in England

The Bermuda Insurance Act 1978 (the Act) has recently undergone significant change in relation to requirements to notify the Bermuda Monetary Authority (the Authority) of changes to controllers, directors or officers. …
Read More Bermuda: New Requirements to Notify the Authority for Changes in Controllers, Directors and Officers

Cases on the anti-deprivation rule are coming with increasing frequency. In the latest case, reported as Folgate London Market Limited (formerly Towergate Stafford Knight Co Limited) v Chaucer Insurance PLC [2011] EWCA Civ 328, an insurance broker had agreed to indemnify a company against liability in respect of a personal injury claim where the insurers had declined cover on the basis of an exception in the policy. …
Read More UK: English Court of Appeal decision on the Anti-deprivation Rule

The Florida Supreme Court recently held that the attorney-client privilege applies to an insurer’s written communications and that the insured cannot discover such privileged documents in a first party bad faith action. …
Read More Florida Supreme Court Rules that Attorney Client Privileged Documents Not Discoverable in First Party Bad Faith Action

This 60-minutes webinar will be presented by EAPD Insurance Attorneys Gregory S. Hoffnagle and Robert W. DiUbaldo.  …
Read More Reminder: Complimentary Webinar: Hydrofracking Risks and Opportunities: What Insurers and Reinsurers Need to Know