In the recent case of Joseph Fielding Properties (Blackpool) Ltd v Aviva Insurance Ltd (2010) EWHC 2192 (QB) the High Court was asked to consider whether an insurer was entitled to avoid a policy from inception relying on previous fraudulent and exaggerated claims, and misrepresentations and non-disclosures made by the claimant (‘JFP’). …
Read More UK: Insurer Entitled to Avoid Policy From Inception Under Fraudulent Claims Clause

Further to its recent work in considering potential jurisdictions in the first wave of Solvency II equivalence assessments, CEIOPS has recently published a proposed methodology for carrying out these assessments and has asked for comments on its proposals by 22 October 2010. …
Read More EU: CEIOPS Consults on Methodology for Solvency II Equivalence Assessments

On September 22, 2010, a U.S. District Court Judge in the Middle District of Florida transferred an insurer’s Chinese Drywall coverage case to the District Court in New Orleans, where Multi-District Chinese Drywall Litigation is pending. …
Read More Florida Federal Court Judge Sends Insurer’s Chinese Drywall Suit to New Orleans MDL

We previously reported the judgment of Mr Justice Hamblen in Gard Marine & Energy Ltd v LLoyd Tunnicliffe and Ors [click here for our previous blog] concerning the law applicable to a contract of reinsurance. At first instance, Hamblen J held that it was “overwhelmingly just, convenient and expedient that Gard’s claims against Advent, Glacier Re and its consequent contingent claim against AHP be determined in one jurisdiction” i.e. England. …
Read More UK: English Court of Appeal Addresses Determining Factors in the Law Applicable to a Contract of Reinsurance

In Travelers Insurance Company v Countrywide Surveyors Ltd [2010] EWHC 2455 (TCC), the High Court held that it had no jurisdiction to order pre-action disclosure where the potential dispute between the parties was subject to an arbitration agreement. …
Read More UK: English High Court Rules on Application of Pre-Action Disclosure to Potential Arbitration Disputes

On October 1, the Centers for Medicare and Medicaid Services (CMS) announced a series of Senior Medicare Patrol (SMP) program grants totaling $9 million.  These grants were awarded to SMPs across the country, and will be administered by the Administration on Aging (AoA) within the Department of Health and Human Services (HHS). …
Read More Healthcare News from Capitol Hill and the Department of Health and Human Services – October 12, 2010

The Court of Appeal has handed down its long-awaited decision in the appeal of the Employers’ Liability Insurance “Trigger” Litigation. In a long and complex judgment, which runs to more than 100 pages, the Court of Appeal has overturned the main finding of the first instance decision (the judgment of Burton J of November 2008). …
Read More UK: Court of Appeal Overturns EL Insurance Decision

On September 30, 2010, the California Court of Appeal for the Second Appellate District affirmed a superior court ruling that California Constitution Section 28 taxes do not apply to surplus lines insurers.  Section 28 provides that insurers doing business in California are subject to a 2.35% premium tax. …
Read More California Appeals Court Affirms Ruling That Section 28 Tax Does Not Apply To Surplus Lines Insurers

EAPD’s own Alan Levin, co-chair of the firm’s Insurance and Reinsurance Department, gave his thoughts on the insurance claims process and litigation resulting from the BP Plc oil spill in the Gulf of Mexico, in an interview with Bloomberg’s Lee Pacchia.

To listen to this Podcast, please click here.…

Read More In Bloomberg Podcast, Alan Levin Looks at Liability Issues Arising from the BP Oil Spill

Don’t forget to RSVP for the U.S. Re Under 40s Group event at Katwalk on October 7 at 6:00 p.m. as they host members of the Bermuda Under 40s Re/Insurance Group in New York.  It promises to be an excellent opportunity to meet members of the Bermuda Under 40s Group and network with other members of the U.S. Re Under 40s Group. …
Read More Don’t Forget — Join the U.S. Re Under 40s Group on October 7 at Katwalk