On 2 November 2009, the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) released its third set of advice on Solvency II Level 2 implementing measures. 

…
Read More EU: Third Set of Advice on Solvency II Level 2 Implementing Measures Released

Last month, the United States District Court for the District of Maine certified a question of law to the Supreme Judicial Court of Maine regarding the issue of what constitutes cognizable injury to a consumer in a case stemming from the alleged theft of credit card data, a question of great significance in the relatively new field of data security law. 

…
Read More District of Maine Certifies Question of What Constitutes “Cognizable Injury” from Data Breach to Supreme Judicial Court of Maine

QBE Insurance Group recently stated that the company expects its gross written premiums from Latin American operations to grow by 7.14% for the year 2009.  The company further reported that each of its Latin American operations, which include both direct insurance and reinsurance and span Mexico, Argentina, Brazil and Colombia, was individually profitable. 

…
Read More QBE Expects 7.14% Premium Growth for Latin American Operations in 2009; ACE’s Latin American Life Insurance Premiums Up 85%

In a recent decision by the United States District Court for the Northern District of California, the court held that an insurer does not have to provide D&O insurance coverage to a group of bondholders who took on the responsibilities of the bankrupt insured.  The ruling was based on the insured’s failure to disclose in the policy application a written demand letter alleging a breach of fiduciary duties. 

…
Read More California Federal Court Holds That D&O Insurer is Permitted to Rescind Policy Based on Nondisclosure in Application

The United States District Court for the Northern District of Georgia recently held that an insurer had a duty to defend under a CGL policy and umbrella policy against claims relating to a hotel guest’s alleged contraction of Legionnaire’s Disease from a dirty hot tub. …
Read More Georgia Federal District Court Finds that Hot Tub Water is “Intended for Bodily Consumption”

The U.S. District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, recently held that the fraudulent acts/willful violation exclusion contained in the subject Executive Protection Portfolio policy (the “Policy”) precluded coverage of defense costs for a criminal action and related derivative and securities lawsuits against an insured CEO.  The court also ruled that the insurer was entitled to recoup defense costs advanced. 

…
Read More Pennsylvania Federal Court Rules That Fraudulent Acts/Willful Violation Exclusion Bars Coverage Based on CEO’s Guilty Plea and Insurer Entitled to Recoupment of Defense Costs

Earlier this year, a Chilean court found an insurance broker liable to an insurance beneficiary for failing to obtain the insurance coverage requested, which led to the insurer denying the beneficiary’s claim for disability benefits. …
Read More Chilean Court Finds Insurance Broker Liable for Failure to Obtain Requested Coverage, Leading to Claim Denial by Insurer

In Sienkiewicz v Greif (UK) Ltd, the Court of Appeal considered the combined effect of the House of Lords’ decisions in Fairchild v Glenhaven Funeral Services and Barker v Corus and section 3 of the Compensation Act 2006 on liability for mesothelioma claims. …
Read More UK: Court of Appeal Decision Demonstrates the Wide Applicability of the “Fairchild” Exception for Mesothelioma Claims

The Connecticut Superior Court recently granted the motion for summary judgment of a passenger’s insurer in a lawsuit concerning uninsured/underinsured motorist coverage on the basis that the amount of potential coverage was capped and coverage under this excess insurer’s policy was not recoverable. 

…
Read More Connecticut Trial Court Dismisses Passenger’s Insurer From Uninsured Motorist Lawsuit

The Law Commission has now published the responses it has received to Issues Paper 5 “Reforming Insurance Contract Law: Micro-businesses”, published in April 2009. The Issues Paper asked whether micro-businesses should be treated like consumers for the purposes of pre-contractual information and unfair terms. 

…
Read More UK: Publication of Responses to Law Commissions’ Proposals Concerning Micro-Businesses