On 25 January 2010, Mark Hoban MP, Shadow Treasury Minister, spoke at a British Insurance Law Association seminar hosted at Lloyd’s and attended by a number of EAPD lawyers. Mr Hoban spoke on the Conservative Party White Paper, published on 20 July 2009, entitled “From Crisis to Confidence: Plan for Sound Banking” with a particular focus on the White Paper’s relevance to the insurance sector. 

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Read More UK: Shadow Treasury Minister Speaks on Conservative White Paper

An Indiana District Court recently granted summary judgment in favor of an insurer that was charged with breach of the insurance contract and bad faith for denying underinsured motorist benefits to its insured who was found at fault for causing a collision. 

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Read More Indiana District Court Holds No Underinsured Motorist Coverage for at Fault Driver

Recently, a California Appeals Court denied coverage under a homeowner’s policy for damages caused by a fire intentionally set by the insureds’ son.  In Century Nat’l Ins. Co. v. Garcia, No. B209616, (Cal. App., 2d Dist. Dec. 2, 2009), an appeals court held that the policy’s exclusion for willful acts of “any” insured precluded coverage, even for innocent co-insureds, such as the plaintiffs. 

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Read More California Court Refuses to Extend Coverage for Fire Intentionally Set by Child Under Homeowner’s Policy

The Tenth Circuit recently held that a law firm was not entitled to coverage from its malpractice insurer because a former partner of the firm had received a demand, unbeknownst to the firm, prior to the policy period. 

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Read More Tenth Circuit Holds Demand Sent to Former Partner of Insured Law Firm Triggered Notice Provision of Claims Made and Reported Policy

The District Court of Appeal of the State of Florida (the “Appeals Court”) recently affirmed the trial court’s determination that a doctor’s business owner insurer was not obligated to indemnify the doctor for a wrongful death suit that resulted, in part, from the mis-filing of laboratory results by the doctor’s assistant, although it did have a duty to defend. 

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Read More Florida Court Affirms That Insurer of Physician Is Not Obligated to Indemnify Based Upon Applicability of Business Liability Policy’s Professional Services Exclusion

This updates our January 7, 2010 posting.  According to media reports, following meetings with insurance executives from over 50 companies, the New York Insurance Department has selected Special Counsel Maria Filipakis to supervise the reopening of the New York Insurance Exchange (the “Exchange”). …
Read More New York Insurance Exchange Working Groups Formed

In an interview with Bloomberg, Chaucer’s chief executive officer Bob Stuchbery has indicated that Chaucer will consider redomiciliation out of the UK this year, noting that he would much prefer that Chaucer remained in the UK under a more competitive corporation tax environment. 

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Read More Chaucer Latest Lloyd’s Entity to Consider New Domicile

The Financial Services Authority (FSA) has recently published the results of an independent review of firms’ compliance with its financial promotions requirements (the Review). The Review examined a sample of press, magazine and internet promotions. 

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Read More UK: The Financial Services Authority Publishes Independent Review of Financial Promotions Compliance

The Connecticut Insurance Department issued a proposed regulation (the “Proposed Regulation”) relating to use of senior-specific certifications and professional designations in the sale of life insurance and annuities.  The Proposed Regulation aims protect seniors from abusive sales practices and fraud and is based on the NAIC Model Regulation on the Use of Senior-Specific Certifications and Professional Designations in the Sale of Life Insurance and Annuities (the “Model”). 

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Read More Connecticut Proposes New Regulation to Protect Seniors

Last Tuesday’s stunning Republican victory in Massachusetts left the future of healthcare reform legislation uncertain, at best.  After the game-changing Senate special election, Democrats spent the week assessing the damage and working to figure out a path forward on their top legislative priority. 

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Read More Last Week in DC: The Healthcare Reform Debate – January 25, 2010