In LIDL v Just Fitness Ltd [2010] EWHC 39 (Ch) the Court was asked to decide whether an arbitrator had jurisdiction to determine a particular issue in a dispute, which was alleged to have been addressed in a previous arbitration. …
Read More UK: High Court Rules That any Issue Covered by a Tribunal’s Terms of Reference Cannot be Adjudicated in a Subsequent Arbitration

During the second morning session at the PLUS D&O Symposium, the panelists discussed the role of mediation in D&O claims resolution and the kinds of recurring issues that arise in the mediation context, as well as the best ways that these problems can be avoided or overcome. 

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Read More PLUS D&O Symposium: Morning Session II

President Obama’s proposed Financial Crisis Responsibility Fee, which he unveiled last month, has been included in the 2011 budget proposal released on Monday, February 1, 2010. …
Read More Proposed Financial Crisis Responsibility Fee Could Affect Large Insurers

President Barack Obama’s recently released proposed Budget of the U.S. Government for the Fiscal Year 2011 (the “Proposed 2011 Budget”) would disallow the deduction for excess non-taxed reinsurance premiums paid to foreign affiliates by a U.S. insurance company.  The Proposed 2011 Budget projects that this disallowance would result in tax receipts of $22 million in 2011, and totaling $223 million over the next five years. 

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Read More Obama Proposes Budget That Would End Foreign Reinsurer Tax Advantages

On Tuesday 2 February 2010, the Financial Services Authority (FSA) went to the Court of Appeal to seek clarification regarding its obligation to co-operate with the Securities and Exchange Commission (SEC). This comes as a result of a High Court judgment last year in favour of two companies which said that the FSA had overstepped its powers by carrying out a request from the SEC to recover certain documents. 

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Read More UK: Financial Services Authority Seeks Clarification on Co-Operation with Overseas Regulators

The Connecticut Appellate Court recently affirmed a trial court decision barring a police officer from recovering underinsured motorist benefits because he was not “occupying” a covered motor vehicle at the time he was injured and, consequently, is limited to his workers’ compensation remedy by the exclusivity provision contained in Conn. Gen. Stat. § 31-284 (a). 

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Read More Connecticut Appellate Court: Traffic Cop Not “Occupying” a Covered Vehicle at Time Struck is Limited to Workers’ Compensation Benefits