In D Sousa v London Borough of Waltham Forest Council [2011] EWCA Civ 194 the Court of Appeal upheld an insurer’s right to recover a success fee paid under a Conditional Fee Agreement (CFA) as part of the recovery of its costs. …
Read More UK: Court of Appeal – Subrogation and Conditional Fee Agreements

The U.S. District Court for the District of Massachusetts recently held that an exclusion for liability arising out of the physical abuse of anyone in the “care” of the insured applied to claims against a clinic on behalf of a patient of the clinic who was beaten by her adoptive parents. …
Read More Federal Court in Massachusetts Rules That Abuse and Molestation Exclusion Applies To Claims Against Child Services Clinic

The Rhode Island Department of Business Regulation (the “DBR”) recently proposed Insurance Regulation 117, Insurance Issued to Trusts and Associations (the “Proposed Regulation”), in order to “protect the public from a regulatory vacuum by ensuring that insurance issued or renewed in Rhode Island through a trust or association is adequately regulated.” …
Read More Rhode Island seeks to close Regulatory Vacuum in Issuance of Group Policies to Trusts and Associations

New Jersey’s governor signed that state’s Reinsurance and Surplus Lines Stimulus and Enhancement Act (A-2670/S-2010) into law this past Tuesday, March 22 (N.J. Pub. L. 2011, c. 39).
Read More New Jersey Joins New York, Florida In Requiring Lower Reinsurance Collateral

The China Insurance Regulatory Commission (CIRC) has revealed that Shanghai has applied to the central government for approval to establish an insurance exchange, as part of Shanghai’s drive to become a major international financial hub by 2020. …
Read More China: Insurance Exchange Planned for Shanghai

In the recent case of Phillips Roberts (Liquidator of Onslow Ditching Ltd) v (1) Peter Frohlich (2) Godfrey Spanner [2011] EWHC 257 (Ch), the High Court was asked to decide whether the respondent directors had breached their fiduciary duties by continuing with a land development project when it was not in the best interests of the company or its creditors. …
Read More UK: Directors Take Note – Always Act in Company’s and Creditors’ Best Interests

Neles-Jamesbury Inc. v. Pohjola Ins. Co. Ltd. involved a breach of contract action between a Massachusetts-based insurer, Neles-Jamesbury, Inc. (“NJI”) and a Finnish reinsurer, Pohjola Ins. Co. Ltd. (“Pohjola”). Pohjola provided worldwide reinsurance coverage for Metso Oy, a Finnish corporation, and its subsidiaries. NJI was acquired by Metso Oy, and Metso Oy requested that Pohjola provide gap coverage for NJI during the acquisition period. …
Read More Massachusetts District Court Grants Reinsurer’s Motion to Dismiss for Lack of Personal Jurisdiction

On 20 January 2011, the China Insurance Regulatory Commission (CIRC) issued a statement banning the country’s insurers, their asset management firms and other affiliates from providing guarantees for other companies’ debt. This ban does not cover lawsuit-related debt guarantees, export credit guarantees and marine insurance guarantees. …
Read More China: CIRC Bans Insurers from Guaranteeing Third-Party Debt