ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years:  the result of an aging population and an increasingly sophisticated and aggressive plaintiffs’ bar. …
Read More ERISA Litigation: An Update from the ALI-ABA Conference on Financial and Insurance Litigation

The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively, the “Affordable Care Act”) require group health plans and insurers that provide dependent coverage to extend health care coverage to adult children until they reach age 26. …
Read More Extension of Group Health Plan Coverage to Adult Children

This panel offered the insights of a federal district court judge, defense counsel and plaintiffs’ counsel regarding Class Action Procedure, focusing on trends regarding the class certification process. …
Read More Live Blog: Class Action Procedure: The Latest Developments from ALI-ABA Conference on Insurance and Financial Services Litigation

This panel offered a history of class action litigation involving life insurance and annuity products.  According to the panelists, the class actions in the life insurance context (with the exception of ERISA suits) were virtually unheard of prior to 1993.  Throughout the mid to late 1990’s there were in the area of 300 class actions involving sales practices and misrepresentations. …
Read More Live Blog: Class Action Trial Analysis and Discussion: Plaintiff and Defense Perspectives on Recent Trials and Settlements of Life Insurance and Annuity Class Actions from ALI-ABA Conference on Insurance and Financial Services Litigation

The U.S. District Court for the District of Minnesota recently dismissed a directors and officers liability coverage suit, rejecting plaintiffs’ argument that an underlying suit had to be brought by the insured in his capacity as an insured in order to implicate the policy’s insured vs. insured exclusion. …
Read More Minnesota Federal Court Rejects “Capacity” Limitation As To Insured Vs. Insured Exclusion

This updates our December 22, 2008 blog, and other related postings.  In December 2008, the U.S. Securities and Exchange Commission (the “SEC”) adopted Rule 151A (the “Rule”) classifying equity-indexed annuities (“EIAs”) as securities, and subjecting them to federal regulation effective 2011.  The Rule has been hotly debated, as some believe that EIAs are adequately regulated by states and that federal regulation would only result in additional costs in registering and selling the products. …
Read More Financial Reform Package Preserves the Role of State Insurance Departments in Regulating Indexed Annuities

On 25 June 2010, the Securities and Futures Commission of Hong Kong (the SFC) published the new SFC handbook (the Handbook), which came into immediate effect. The Handbook was one of the introductions suggested in the Consultation Conclusions on Proposals to Enhance Protection for the Investing Public, published on 28 May 2010. The Handbook includes revised product codes for unit trusts and mutual funds and for investment-linked assurance schemes in addition to a new product code for unlisted structured investment products. …
Read More Hong Kong: Securities and Futures Commission Publishes New Handbook

In addition to the panel on class actions (which we blogged about here), we attended an interesting panel this morning about a less publicized outgrowth from the Madoff litigation — insurance coverage litigation.
Read More Live Blog from the Insurance and Financial Services Litigation Conference: Madoff Fallout Extends to Insurance Coverage

Several InsureReinsure.com bloggers are attending the ALI-ABA Conference on Insurance and Financial Services Litigation in Chicago.   Earlier today, one of the panels addressed recent developments in the area of class action certification, particularly in life insurance and annuities litigation. …
Read More Live Blog — ALI-ABA Conference: Class Action Developments

On 8 July, the Financial Services Authority (FSA) banned Timothy Higgins, Clifford Felstead and Ralph Brunswick (who were found guilty in June 2008 of conspiring to defraud Markel, QBE and Amalfi Underwriting) from working in regulated financial services. The FSA delivered the prohibition because the behaviour of the individuals posed a severe risk to confidence in the financial markets and to assist in reducing financial crime. …
Read More UK: Financial Services Authority Bans Three Individuals who Defrauded Insurers Through Coverholder Arrangements