Aetna, Anthem Blue Cross, Cigna, Humana, WellPoint, and the Golden Rule subsidiary of UnitedHealth are among the companies that have decided to stop selling child-only policies rather than comply with the new Patient Protection and Affordable Care Act (PPACA) requirement that they cover children with pre-existing conditions effective September 23, 2010. …
Read More Some Large Insurers Stop Offering Children’s Policies

In Granite Rock Co. v. International Brotherhood of Teamsters et al., No. 08-1214 (2010) — the United States Supreme Court held — by a vote of seven to two — that the issue of when and whether an arbitration agreement was ratified falls within the exclusive purview of the court, and not the arbitrator, if that determination concerns whether the parties’ intent was to submit the dispute at issue to arbitration. …
Read More U.S. Supreme Court: Ratification Issue to be Determined by Judiciary, Despite Federal Policy Favoring Arbitration of Disputes

As we previously reported here, the National Flood Insurance Program (“NFIP”) will expire on September 30, 2010.  In an effort to halt a series of short-term extensions occurring since 2008, last night the U.S. Senate passed the Flood Insurance Program Reextension Act of 2010 (S. 3814) (the “Act”) to extend the NFIP to September 30, 2011. The Act is sponsored by Sen. David Vitter (R-La.) …
Read More U.S. Senate Passes One-Year Extension for National Flood Insurance Program

This morrning, the Maine Supreme Court issued its decision in the matter of In re Hannaford Bros. Co. Customer Data Security Breach Litigation, Docket No. Fed-09-586, on a question certified to the Court by the United States District Court for the District of Maine in a pending action of the same name (Docket No. 08-md-01954).
Read More Maine Supreme Court Issues Decision in Hannaford Case, Rules That Time and Effort Spent Mitigating Harm from Data Theft Do Not Constitute Cognizable Injury

The Ministry of Justice has launched  a consultation on guidance about procedures that commercial organisations should put in place to prevent bribery.  The Bribery Act  includes the offence of “a failure by a commercial organisation to prevent bribery“.  An organisation will be liable for a bribe paid on its behalf unless it can demonstrate that it had implemented adequate procedures designed to prevent bribery. …
Read More UK: Ministry of Justice Launches Consultation on Anti-Bribery Procedures

In Rent-A-Center, West, Inc., v. Antonio Jackson, the U.S. Supreme Court addressed the issue of whether, under the Federal Arbitration Act (“FAA”), a federal court has the authority to address a party’s claim that an arbitration agreement is unconscionable, where the agreement explicitly delegates that decision to the arbitrator.  The Supreme Court held that courts lack the power to do so, where the party asserting unconscionability does not specifically challenge the delegation provision. …
Read More U.S. Supreme Court Rules that Court Lacks the Authority to Determine Whether an Arbitration Agreement Is Unconscionable

The Massachusetts Reinsurance Bar Association will host its annual symposium on Thursday, September 23, 2010, at the Harvard Club (Back Bay) in Boston, Massachusetts. …
Read More Massachusetts Reinsurance Bar Association to Host Annual Symposium on 9/23

Effective August 23, 2010, all Deepwater Horizon Incident (the “Spill”) claims must be filed with Gulf Coast Claims Facility (“GCCF”) and no longer with BP.  Headed by its claims administrator, Kenneth R. Feinberg, the GCCF has replaced the BP claims process. …
Read More Deepwater Horizon Incident: Has Your Insured Made a Claim With BP or the Gulf Coast Claims Facility? Should it?

A dispute arose between Certain Underwriters at Lloyd’s London and R.A. Wilson & Associates, Ltd concerning an insurance policy.  After a lawsuit was filed, the court ordered the parties to proceed to arbitration based upon the insurance policy’s arbitration agreement. …
Read More New York Federal Court Refuses to Appoint Umpire, Finding That Arbitration Clause Provided Sufficient Mechanism

By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws. …
Read More New York State Court Decision Raises Issues Concerning the Drafting of Arbitration Clauses