The California Supreme Court recently held that an assault and battery allegedly committed in self-defense was not an “accident” and therefore did not meet a CGL policy’s definition of a covered “occurrence.” 

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Read More California Supreme Court: Assault Committed in Self-Defense is Not an “Accident”

In our previous blog on 13 February 2009 (see our previous blog here), we wrote that the Competition Commission proposed prohibiting the sale of all PPI alongside a credit product eg a loan within 7 days of selling a credit product to that customer. 

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Read More UK: Partial Victory on Payment Protection Insurance (PPI)

On November 1-4, 2009, Machua Millett of EAPD will be participating in the 32nd Hemispheric Insurance Conference, hosted by the Federacion Interamericana de Empresas de Seguros (FIDES).  FIDES 2009 will bring together more than 800 insurance industry representatives from 22 countries in the United States, Spain, Portugal and Latin America. 

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Read More FIDES 2009: The Latin American Insurance Industry Comes Together

In a departure from recent rulings by other federal circuit courts on this issue, the U.S. Court of Appeals for the Fifth Circuit has held that manifest disregard of the law is no longer a valid basis for vacating arbitration awards under the Federal Arbitration Act (“FAA”). …
Read More Fifth Circuit Finds That Manifest Disregard of the Law Has Been Abrogated By Hall Street

On October 5, 2009, the U.S. Supreme Court denied writs of certiorari in three cases that examined whether manifest disregard of the law remains a valid basis for challenging arbitration awards in light of the Court’s decision last year in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008). …
Read More U.S. Supreme Court Denies Certiorari for Three Cases Concerning Manifest Disregard of the Law

This updates our September 15, 2009 blog posting.  Matthew Gaul, special counsel for the Department, recently explained that the draft proposal for the disclosure of insurance producer compensation released by the Department last month differs from that proposed by former Superintendent Eric Dinallo in that the revised proposal does not differentiate between captive agents, independent agents and independent brokers. …
Read More The New York Insurance Department Updates Proposed Insurance Producer Compensation Transparency Rule; Explains Departure from Dinallo Era

Governor Time Pawlenty (R-MN) recently outlined a set of proposed healthcare reforms to be considered during Minnesota’s 2010 legislative session. 

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Read More Minnesota Governor Proposes Changes to State Law to Allow for the Purchase of Health Insurance Policies Across State Lines and the Creation of an Interstate Health Insurance Compact

On October 2, 2009, as part of the 48th Annual Corporate Counsel Institute held at Northwestern University School of Law, SEC Commissioner Elisse B. Walter gave a speech entitled “SEC Rulemaking — ‘Advancing The Law’ To Protect Investors.”  In her speech, Commissioner Walter touched upon the SEC’s recent work with respect to climate change disclosures, and her belief that climate change is a very serious issue. …
Read More SEC and NAIC Take Affirmative Steps To Address Corporate Disclosures Regarding Climate Change

On 14 October 2009, the FSA wrote to the CEOs of certain regulated firms to clarify its new approach to the approval and supervision of persons performing significant influence functions (SIFs). …
Read More UK: FSA Issues Reminder on its Approval and Interview Process for Significant Influence Functions

On July 21, 2009, Judy and Michael Kodrin filed a petition for a writ of certiorari in the U.S. Supreme Court, asking the Supreme Court to review a Fifth Circuit decision vacating that portion of a Katrina-related judgment that awarded them penalties, damages and attorneys’ fees based on their homeowners insurer’s alleged bad faith. …
Read More Louisiana Insureds Petition the U.S. Supreme Court to Review a Fifth Circuit Decision Vacating that Portion of Katrina-Related Judgment that Awarded Penalties, Damages and Attorneys’ Fees Based on an Insurer’s Alleged Bad Faith