In two separate cases, federal courts have upheld the carrier’s denial of coverage for claims by an employer alleging that the insured induced a breach of their former employee’s employment contract. …
Read More Courts Find That Employment Claims Are Excluded By Contractual Liability Exclusions

In November, we reported on the New York Court of Appeals’ decision in Kramer v. Phoenix Life Insurance Company, 15 N.Y.3d 539 (2010), in which the Court determined that a person may purchase a life insurance policy and then immediately transfer it to someone who lacks an insurance interest in that life, even if the policy were purchased with the intent of selling it. …
Read More Update: District Judge May Toss N.Y. STOLI Suit After Court of Appeals Ruling

In the recent case of Haugesund Kommune, Narvik Kommune v Depfa ACS Bank, Wikborg Rein & Co [2011] EWCA Civ 33, the Court of Appeal overturned the first instance judgment against a firm of solicitors for breach of its contractual duty of care, holding that the negligent advice given by the solicitors had to be the direct cause of loss which, in turn, had to be within the scope of the solicitors’ duty. …
Read More UK: Court of Appeal Decision is Good News for Solicitors’ PI Insurers

Last week, U.S. Representatives and a group of large insurance companies sent letters to U.S. Treasury Secretary, Timothy Geithner, and other key lawmakers requesting that decisions affecting insurers under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) be postponed until all appointments are made to the newly created Financial Stability Oversight Council (the “Council”). …
Read More U.S. Representatives and Insurers Request Delay of Decisions Affecting Insurers Under Dodd-Frank Act

In the recent case of Teal Assurance Company Ltd v (1) WR Berkley Insurance (Europe) Ltd (2) Aspen Insurance UK Ltd (2011) EWHC 91 (Comm), the Commercial Court considered the order in which losses eroded liability in a complex professional indemnity tower. …
Read More UK: Commercial Court Considers when Liability is Triggered in a Complex P.I. Tower

Earlier this week, Jeff Atwater, Florida’s Chief Financial Officer (“CFO”), announced several high-level appointments at the Florida Department of Financial Services (the “Department”), including the appointment of an Inspector General and new directors for the Divisions of Treasury, Consumer Services, and Agent and Agency Services. …
Read More New Leadership Roles Announced at the Florida Department of Financial Services and the Florida Office of Insurance Regulation

President Barack Obama’s recently released Budget of the U.S. Government for the Fiscal Year 2012 (the “Proposed 2012 Budget”) would disallow the deduction U.S. cedents are currently permitted to take for “excess non-taxed” reinsurance premiums paid to their foreign affiliates.  The Proposed 2012 Budget provides no further detail regarding the proposed disallowance, but projects that the disallowance would reduce the U.S. deficit by over $2.6 billion by 2021. …
Read More Obama Proposes Tax on Excess Reinsurance Premiums paid by Cedents to Offshore Affiliates

On Tuesday, March 1, 2011, the U.S. Reinsurance Under 40s Group will be hosting an event at Lucky Strikes Lane in New York City, which is located at 624-660 West 42nd Street.  The event goes from 7:00 pm to 10:00 pm, and will be held in a private room within Lucky Strikes (the “Luxe Suite”) that includes a private bar, four private bowling lanes, HD projection screen and a pool table. …
Read More Come Join the U.S. Re Under 40’s on March 1st at Lucky Strikes Lane in NYC

This updates our June 30, 2010 blog posting.  The New York Insurance Department (“NYID”) issued a draft circular letter last year regarding the implications of excess withdrawals from annuities with guaranteed minimum withdrawal benefits (“GMWB”).  On February 7, 2011, the NYID finalized and issued the circular letter as Circular Letter No. 5 (“Circular Letter”). …
Read More New York issues Circular Letter requiring Consumer Disclosures Explaining Excess Withdrawals from Annuities

Aon International Energy, Inc. (“Aon Energy”) has entered a $36,000 settlement with the Office of Foreign Assets Control (“OFAC”) after allegations that the broker violated the Iranian Transactions Regulations.  Aon Energy served as a broker on behalf of a European reinsurance company and placed facultative retrocession reinsurance with two European retrocessionaires. …
Read More Aon Energy Settles with OFAC After Alleged Sanctions Violations