Mechanical Dynamics & Analysis, LLC (“MD&A”) performed repairs on a generator at a power plant owned by the Arizona Public Service Company (“APS”).  Thereafter, the generator failed and was out of service for 111 days, resulting in a loss of more than $20 million for APS. …
Read More Federal Court Orders Insurer to Produce Information about its Reinsurance Agreements

Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department recently published its latest Newsletter, Insurance & Reinsurance Review – September 2009, which contains nine articles about various topics in the insurance and reinsurance industry. …
Read More Insurance & Reinsurance Review – September 2009

On 1 September 2009, the General Insurers’ Technical Provisions (Appropriate Amount) (Tax) Regulations 2009 (the Regulation) comes into force in the UK (for a link to the Regulation please click here). 

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Read More UK: Incoming Regulations May Increase Actuarial Costs

In the 2009 Budget, on 22 April 2009, the Chancellor announced the introduction of a Government-backed  ‘top-up’ trade credit insurance scheme aimed at addressing the challenges that UK businesses were facing as a result of the reduction in availability of trade credit insurance (the Scheme). 

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Read More UK: Changes to UK Trade Credit Insurance Top Up Scheme

On July 20, 2009, the US District Court for the Northern District of Alabama granted the defendants motion to dismiss in a shareholder derivative action that named the directors and officers of Colonial Bancgroup as defendants. 

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Read More Colonial Bancgroup Subprime Shareholder Derivative Action Dismissed

The First Circuit recently affirmed the decision of the United States District Court for the District of Maine to deny American National Fire Insurance Company’s (“ANFIC”) plea for recoupment of a settlement payment made by ANFIC to York County Jail.  ANFIC argued that it was entitled to a per-claim deductible, which negated its settlement payment. …
Read More First Circuit Upholds Decision to Deny Insurer Recoupment of Deductibles Following Class Action Settlement

Legislation recently introduced in the United States Senate could help homeowners haul foreign manufacturers of allegedly defective Chinese drywall into court.  The Foreign Manufacturers Legal Accountability Act of 2009, introduced by Senators Sheldon Whitehouse (D- RI), Jeff Sessions (R-AL) and Dick Durbin (D-IL), seeks to make it easier to bring foreign companies before American courts. 

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Read More Chinese Drywall – Senate Bill Could Facilitate Effecting Service of Process on Foreign Defendants

The Ninth Circuit Court of Appeals recently reversed an award of summary judgment that had been in favor of an insurer in a bad faith action regarding an uninsured motorist claim, and found against the insurer. 

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Read More Ninth Circuit Court of Appeals Reverses Summary Judgment and Holds Against Insurer In Bad Faith Action Related to Uninsured Motorist Claim

In a case concerning an IRS audit — but having potentially far-reaching implications for all manner of litigation and discovery — United States v. Textron, Inc., No. 07-2631 (1st Cir. Aug. 13, 2009), the First Circuit en banc recently held that the “attorney work product” doctrine protects only documents prepared for use in litigation. 

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Read More First Circuit Narrows Scope of Attorney Work Product Privilege

On 26 June 2009, a solicitor and a recovery agent were found guilty by the District Court for offering a “no win, no fee” deal to a mother seeking compensation for her son, who was severely injured in a road traffic accident. The recovery agent was also found guilty of champerty, that is, negotiating to receive a share of  the proceeds of litigation in which he had no interest. …
Read More HK: Prohibition Against Contingent Fee Arrangement Re-Affirmed