A recent Lloyd’s Market Bulletin ref: Y4280 (14 May 2009) gives details of three individuals who, when changing employment to a competitor, committed various breaches of their obligations to their previous employer. Alistair Mark Mellis and Ksenya Mazalova were involved in the appropriation of documents from their previous employer for use in their new employment. Mr Mellis, who had not yet moved to his new employer, also provided underwriting assistance to Ms Mazalova.
Connecticut Passes Autism Coverage Legislation
By Troutman Pepper Locke on
Late last month, the Connecticut legislature passed S.B. 301 (the “Act”), which requires group health insurers to provide coverage for the diagnosis and treatment of autism spectrum disorders. Specifically, policies must provide coverage for treatments that are medically necessary and prescribed by a licensed physician, licensed psychologist or licensed clinical social worker.
E.D.N.Y Rules that Party Waived Right to Arbitrate in China
By Troutman Pepper Locke on
In a recent decision of the United States District Court for the Eastern District of New York, Apple & Eve, LLC v. Yantai North Andre Juice Co., Ltd., No. 07-CV-745 (JFB)(WDW) (E.D.N.Y. April 27, 2009), the Court found that the defendant had waived its right to arbitration, thereby rendering the arbitration clause null and void under Article II of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).
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Fifth Circuit Hears En Banc Oral Argument on whether New York Convention Is “Reverse Preempted” by Louisiana Statute
By Troutman Pepper Locke on
On May 21, 2009, the United States Court of Appeals heard en banc oral argument on its ruling in Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s of London, No. 06-30262 (5th Cir. Sept. 29, 2008) that the New York Convention overrides a Louisiana statute prohibiting arbitration clauses in insurance contracts.
Fourth Circuit Holds that Insurer Is Not Obligated to Defend Security Firm in Lawsuits Alleging Torture of Iraqi Prisoners by Its Employees
By Troutman Pepper Locke on
The insured, a security firm operating in Iraq under contract with the U.S. government, was sued by former Iraqi detainees and their survivors for allegedly torturing prisoners in the Abu Ghraib prison and other detention centers in Iraq. The insured, in turn, sought defense and indemnity coverage for the lawsuits under its commercial general liability protection policies, which obligated the insurer to defend and indemnify the insured against any suit for covered injuries or damage.
U.S. Supreme Court Finds that a Nonsignatory to an Arbitration Agreement May Invoke Section 3 of the FAA to Stay an Action in Favor of Arbitration, and is Entitled to an Interlocutory Appeal of an Order Denying Such a Motion
By Troutman Pepper Locke on
Certain entities (“Petitioners”) provided Respondents with advice to minimize taxes from the sale of their company. See Arthur Andersen LLP, et al. v. Carlisle, et al., 129 S.Ct. 1896 (May 4, 2009). As part of the tax shelter that was ultimately created to accomplish this goal, certain Respondents entered into investment-management agreements with Bricolage Capital LLC, which specified that “[a]ny controversy arising out of or relating to [the agreements] or the breach thereof, shall be settled in arbitration conducted in New York, New York.”
AHA to Senate: Don’t Cut Medicare Payments
By Troutman Pepper Locke on
Posted in Healthcare, United States
The American Hospital Association last week submitted a comment letter to the Senate Finance Committee urging the Committee not to reduce hospitals’ Medicare payments to help fund health care reform. Committee Chairman Max Baucus (D-Mont.) and member Chuck Grassley (R-Iowa) had made that suggestion, among others, on May 18 in a health reform policy paper prepared prior to the Committee taking up the matter this month. …
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U.S. Health Insurance Costs Subsidize the Uninsured
By Troutman Pepper Locke on
Posted in Healthcare, United States
A recent report by Families USA, an advocacy group, said that the average family pays $1,000 a year more for health insurance premiums to subsidize the cost of health care for the uninsured. The average individual pays $370 more per year. This cost-shifting becomes necessary whenever someone who doesn’t have medical insurance receives care at a hospital emergency room, clinic or physician’s office and then doesn’t pay for the care. …
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Latin American Update: Companies Report Growth Numbers and Expansion Plans in Latin America
By Troutman Pepper Locke on
Posted in Latin American Developments
Several multinational insurance companies have recently reported growth in their Latin American business, as well as plans for further expansion of their operations in the region.
UK: Questioning the Impartiality of Chambers
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
In Hrvatska Elektroprivreda v Slovenia [ICSID Case No ARB/05/24 (6 May 2008)] the defendant, in an arbitration before the International Centre for the Settlement of Investments Disputes (ICSID) waited until one week before a substantive hearing, to disclose to the tribunal and the claimant, a list of lawyers who would be attending. When disclosed, the list included a QC who was a member of the same chambers as the president of the tribunal (which is not unusual in English law proceedings).