The Internal Revenue Service (IRS) issued a private letter ruling on December 11, 2009, resolving a taxpayer’s question as to whether its business as a captive reinsurer is “insurance” for tax purposes. The IRS provides private letter rulings upon individual taxpayer request in which the IRS interprets and applies tax law to a taxpayer’s specific set of facts.
NERA’s 2009 Year-End Securities Class Action Trends Update
By Troutman Pepper Locke on
Posted in D&O Liability, United States
NERA Economic Consulting has issued its report titled: “Recent Trends in Securities Class Action Litigation: 2009 Year-End Update” (the “NERA Year-End Update”). The NERA Year-End Update provides statistics based on information through November 30, 2009.
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Chinese Drywall – Judicial Panel on Multi-District Litigation Rules that Matter Involving North American Manufactured Drywall Should Not Be Transferred to Chinese Drywall MDL
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
On December 2, 2009 the Judicial Panel on Multi-District Litigation (“JPML”) ruled that an action alleging damage from North American manufactured drywall should not be transferred to the federal Chinese Drywall Multi-District Litigation (“MDL”) pending in the Eastern District of Louisiana (In Re: Chinese-Manufactured Drywall Product Liability Litigation, MDL No. 2047).
Chinese Drywall – Judicial Panel on Multi-District Litigation Rules that Insurance Coverage Matter Should Not Be Transferred to Chinese Drywall MDL Proceedings
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
On December 2, 2009 the Judicial Panel on Multi-District Litigation (“JPML”) rejected efforts to transfer an insurance coverage action to the federal Chinese Drywall Multi-District Litigation (“MDL”) pending in the Eastern District of Louisiana (In Re: Chinese-Manufactured Drywall Product Liability Litigation, MDL No. 2047).
UK: Construction of Termination and Release Agreement; Claims in Fraud
By Troutman Pepper Locke on
Posted in United Kingdom
(1) Cavell USA (2) Kenneth Edward Randall v (1) Seaton Insurance (2) Stonewall Insurance [2009] EWCA Civ 1363, concerned the construction of a Termination and Release Agreement, which provided for English law and jurisdiction and, under clause 13, for a full release by Randall from “all actions, causes of action, suits, claims and demands whatsoever, whether at law or equity…save…(iii) in the case of fraud” on Randall’s part.
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Minnesota Department of Commerce Revokes Producer License in an Insurable-Interest Case
By Troutman Pepper Locke on
In April 2009, the Minnesota Department of Commerce (the “Department”) summarily suspended the insurance licenses of Michael Antonello and the insurance agency for which he served as chairman, Wealth Management Advisors, LLC (“Wealth Management”), for alleged dishonest practices in connection with the sale of life insurance policies and related Stranger Originated Life Insurance (“STOLI”) transactions.
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Renewal of Bipartisanship in Senate Banking Committee
By Troutman Pepper Locke on
Posted in Federal Legislative Developments, United States
Amid the partisan atmosphere of the Senate’s marathon debate on healthcare reform, leaders of the Banking, Housing and Urban Affairs Committee last week sought to revive the notion that Democrats and Republicans are working together to craft financial regulatory reform legislation. …
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COBRA Premium Subsidy Extended
By Troutman Pepper Locke on
On December 19, 2009, President Obama signed into law an extension to the COBRA premium subsidy, extending both the period of eligibility for, and the length of, the premium subsidy.
Last Week in DC: The Healthcare Reform Debate – December 29, 2009
By Troutman Pepper Locke on
After a prolonged floor debate that kept Senators in session through weekends for 25 consecutive days, the Senate completed its work on healthcare reform legislation in the early morning hours on Christmas Eve. The vote on final passage of the Senate’s bill – H.R. 3590 – came at 7:00 a.m., when it passed by a tally of 60-39.
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Brazil: Susep Predicts That Microinsurance Law Will Pass Before April; Study Suggests That Country Could See 33 Million New Microinsurance Customers
By Troutman Pepper Locke on
Posted in Latin American Developments
Susep’s superintendent, Armando Vergilio dos Santos, recently stated that he expects the country’s proposed microinsurance law to be approved before April 2010.