The Captive Insurance Division of the Vermont Department of Banking, Insurance, Securities and Health Care Administration is proposing changes to its captive insurance law through bill H438.
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Chinese Drywall – Florida Federal Court Rules Pollution Exclusion Bars Coverage
United States District Court Judge K. Michael Moore of the Southern District of Florida has recently ruled that a pollution exclusion bars coverage for personal injuries and property damages associated with Chinese drywall. …
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UK: Court of Appeal – Subrogation and Conditional Fee Agreements
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. …
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Federal Court in Massachusetts Rules That Abuse and Molestation Exclusion Applies To Claims Against Child Services Clinic
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. …
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Rhode Island seeks to close Regulatory Vacuum in Issuance of Group Policies to Trusts and Associations
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.” …
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New Jersey Joins New York, Florida In Requiring Lower Reinsurance Collateral
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).
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China: Insurance Exchange Planned for Shanghai
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. …
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Florida Property Insurance Reform Moving Forward in Legislature
Florida Senate Budget Committee approved a bill this week that proposes wide ranging reforms to Florida’s property insurance market. …
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UK: Directors Take Note – Always Act in Company’s and Creditors’ Best Interests
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. …
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China: A New Hurdle for Foreign Investors in China
China has introduced a new law, “Security Review System on Mergers & Acquisitions of Domestic Enterprises by Foreign Investors”, which took effect on March 5, 2011. …
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