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

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

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. …
Read More Arkansas Enacts Legislation to Allow for Domestic Surplus Lines Insurers

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