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
Florida Supreme Court Rules that Attorney Client Privileged Documents Not Discoverable in First Party Bad Faith Action
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
Reminder: Complimentary Webinar: Hydrofracking Risks and Opportunities: What Insurers and Reinsurers Need to Know
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
UK: Lloyd’s Publishes its Revised Claims Management Principles and Minimum Standards
In a market bulletin released on 31 March 2011, Lloyd’s set out its revised Claims Management Principles and Minimum Standards (click here for a copy of the bulletin). The revision is part of Lloyd’s Claims Transformation Project in order to “facilitate and increase the competitive advantage from the efficient handling of claims on their merits“. …
Read More UK: Lloyd’s Publishes its Revised Claims Management Principles and Minimum Standards
Arkansas Enacts Legislation to Allow for Domestic Surplus Lines Insurers
Late last month, Arkansas enacted Senate Bill 45 (now Act 332, the “Act”), which amends state law to permit surplus lines insurers domiciled in Arkansas to write surplus lines insurance in the state. …
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CMS Releases Proposed ACO Rule
The Centers for Medicare and Medicaid Services (CMS) released its proposed rule for Accountable Care Organizations (ACOs) on March 31. …
Read More CMS Releases Proposed ACO Rule
NAIC Postpones Decision To Endorse Bill Advocating the Exclusion of Producer Commissions From the MLR Calculation
Earlier this week, the National Association of Insurance Commissioners (“NAIC”) decided that it needed more time to examine the medical loss ratio (MLR) issue before making a decision on whether it would endorse the Access to Professional Health Insurance Advisors Act of 2011 (H.R. 1206) (the “Act”). …
Read More NAIC Postpones Decision To Endorse Bill Advocating the Exclusion of Producer Commissions From the MLR Calculation
Director of Federal Insurance Office Named
Illinois Insurance Commission, Michael T. McRaith, has been selected by the Secretary of the Treasury as the first Director of the Federal Insurance Office (“FIO”), which was created by the Dodd – Frank financial reform legislation instituted last year. …
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Brazil – Resolution 224/10 Repealed
On Monday, March 28, 2011, the National Council of Private Insurance (CNSP) published Resolution 232/11 repealing Resolution 224/10. Resolution 232/11 becomes effective today. …
Read More Brazil – Resolution 224/10 Repealed
Kentucky First to Enact SLIMPACT
On March 16, 2011, Kentucky Governor Steve Beshear signed into law the Surplus Lines Insurance Multi-State Compliance Compact (“SLIMPACT”). …
Read More Kentucky First to Enact SLIMPACT