Congress recently approved another short-term extension of The National Flood Insurance Program (“NFIP”) through February 28, 2010. The NFIP extension was included in a defense appropriations measure, and was approved shortly before the program was to expire.
Partial Repeal of McCarran-Ferguson Act Dropped from Senate Health Reform Bill
By Troutman Pepper Locke on
Media reports indicate that Senator Patrick Leahy’s (D-VT) amendment to repeal the antitrust exemption under the McCarran-Ferguson Act for health insurers and medical mal practice insurers, last discussed here, has been removed from the latest version of the Patient Protection and Affordable Care Act (H.R. 3590).
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Maryland Insurance Commissioner Steps Down
By Troutman Pepper Locke on
Posted in Industry Developments, United States
On December 16, 2009, the Maryland Insurance Administration (“MIA”) issued a media advisory announcing that Ralph S. Tyler will step down as Commissioner of the MIA effective January 8, 2010. Tyler, who has been Maryland’s Insurance Commissioner since 2007, has accepted the position as Chief Counsel with the Federal Food and Drug Administration.
Last Week in DC: The Healthcare Reform Debate – December 21, 2009
By Troutman Pepper Locke on
Healthcare reform efforts were marked with uncertainty and skepticism in the Senate last week, as Democratic leaders continued their scramble to reach a consensus on the controversial bill before Christmas. Those efforts continued behind the scenes into the weekend, and a compromise was finally unveiled on Saturday.
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UK: Civil Jurisdiction and Judgments Regulations 2009 (SI 2009/3131) Will Bring the New Lugano Convention into Force in the UK on 1 January 2010
By Troutman Pepper Locke on
Posted in Regulatory, United Kingdom
The new Lugano Convention enters into force in the European Union and Norway on 1 January 2010. It will replace the 1988 Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters.
UK: Court Can Deprive a Successful Defendant of Costs Following Lies at Trial
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
The Court of Appeal has ruled that it can be within a court’s discretion to reduce a successful defendant’s costs award by two thirds because of lies told during the trial.
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El Salvador: Insurance Association Proposes Alternative 3% Tax for Reinsurers
By Troutman Pepper Locke on
Posted in Latin American Developments
As previously discussed here, the government of El Salvador has been considering imposing a tax on premiums ceded to reinsurers. The original proposal was for a 10% tax, but the government has lowered that proposal to 5% (the proposal still includes a 25% tax as to reinsurers located in jurisdictions considered to be tax havens).
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UK: English High Court Judge Blasts the Spectacular Failure to Protect Client Monies by Lehman Brothers International (Europe) (LBIE), its Auditors and Regulators
By Troutman Pepper Locke on
In a judgment issued on 15 December in the English High Court (Lehman Brothers International (Europe)(in administration) v CRC Credit Fund Limited & Ors [2009] EWHC 3228), and based on assumed facts presented to him, Mr Justice Briggs described the failure by LBIE to protect client monies from the impact of insolvency as “truly spectacular” and involving “shocking underperformance“.
J. Malucelli Re of Brazil Details Latin American Expansion Plans
By Troutman Pepper Locke on
Posted in Latin American Developments
Brazilian reinsurance company J. Malucelli Re has recently received foreign reinsurer authorization in Paraguay, Ecuador and the Dominican Republic and expects to receive authorization shortly in Argentina, Mexico and Costa Rica. According to its Technical Director, Luiz Alberto Pestaña, these regulatory authorizations are just the beginning of J. Malucelli Re’s plan to become the largest warranty reinsurer in Latin America by 2015.
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UK: High Court Rules on Avoidance and Breach of Warranty Issues
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
In AC Ward & Son Ltd v Catlin (Five) Ltd & Ors [2009] EWHC 3122 (Comm), the claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends. AC Ward obtained insurance through its brokers, Henderson Insurance Brokers Limited (the Brokers) and the insurance was underwritten by Catlin (Five) Limited (the Insurers) pursuant to a binding authority granted to AT Docherty General Underwriting Agency Limited (ADC).
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