IMPACT OF THE ELECTION ON HEALTHCARE REFORM:  The November 2 midterm congressional elections resulted in a change in leadership in the House of Representatives, where Republicans are poised to take control of the chamber when the 112th Congress convenes in early January 2011. …
Read More Healthcare News from Capitol Hill and the Department of Health and Human Services – November 8, 2010

In the case of Sugar Hut Group Ltd & Ors v Great Lakes Reinsurance (UK) Plc & Ors [2010] EWHC 2636 (Comm) Mr Justice Burton reaffirmed the English Court’s approach to non-disclosure and breach of warranty. …
Read More UK: High Court Finds Insurers Not on Risk because of Non-Disclosure and Breach of Warranty

Christopher Symons QC has been appointed by the Council of Lloyd’s to be president of the Lloyd’s Appeal Tribunal for a term of 3 years. The position is part-time as Mr Symons sits as a deputy High Court Judge in the Queen’s Bench, Chancery Division and in the Administrative Court. …
Read More UK: Lloyd’s Appoints New Appeal Tribunal President

On 29 October 2010, the Law Commission published an Issues Paper on whether the requirement for a formal marine policy under section 22 of the Marine Insurance Act 1906 should be repealed. Section 22 states that a contract of marine insurance will be inadmissible in evidence unless it is “embodied in a marine policy“. …
Read More UK: Law Commission Publishes Issues Paper 9 Proposing Repeal of the Need for a Formal Marine Policy

The FTC “Red Flags Rule” mandating identity theft protection programs for financial institutions and a broad range of other companies will go into effect December 31, 2010. Red Flags are warning signals that should alert a business to the risk of identity theft. …
Read More The FTC’s Red Flags Rule on Identity Theft Protection Will Be Effective December 31, 2010

EAPD’s Greg Hoffnagle is attending the BP Spill in the Gulf: Litigation & Insurance Coverage Conference in Miami, Florida and he is blogging from the conference. …
Read More UPDATE: BP Spill in the Gulf: Litigation & Insurance Coverage Conference

Underwriters can be ordered to disclose documents related to an application against them for a third party costs order under the Senior Courts Act s.51(3). In Owners and/or Demises Charterers of the Dredger Kamal XXIV v Owners of the Ship Ariela and Ors [2010] EWHC 2531 (Comm), the underwriters had been used by the insured as part of the mechanism for achieving fraud and under the circumstances it was held that a disclosure order was appropriate. …
Read More UK: Underwriters Obliged to Disclose Confidential Documents Following Fraud by Third Party

R&Q Reinsurance Co. v. American Motorist Ins. Co., involved a dispute arising under a series of reinsurance treaties entered into by the parties.  Pursuant to the arbitration clauses in the treaties, their dispute was heard by a panel of arbitrators, which issued its “Final Award” on February 5, 2010. …
Read More Illinois Federal Court Rules that Reinsurer’s Motion to Vacate Arbitration Award is Untimely Under the Federal Arbitration Act

On October 21, 2010, the Executive and Plenary committees of the National Association of Insurance Commissioners (“NAIC”) voted to adopt a model regulation containing the definitions and methodologies for calculating medical loss ratios as stipulated under the Patient Protection and Affordable Care Act (“PPACA”).  The model was delivered to Health and Human Services (“HHS”) on October 27, 2010 for certification. …
Read More NAIC Adopts Model Regulation for Final Medical Loss Ratios