In a recent decision, the Supreme Judicial Court of Massachusetts ruled that an insurer, in contrast to an insured, cannot obtain attorney’s fees incurred in successfully establishing another insurer’s duty to defend.  John T. Callahan & Sons, Inc. v. Worcester Ins. Co., SJC-10180 (March 19, 2009). 

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Read More Supreme Judicial Court Refuses to Extend Gamache Fee-Shifting Rule to Insurer Plaintiffs

Last week, Senator John D. Rockefeller IV, (D-W.Va.) introduced the Preexisting Condition Patient Protection Act of 2009 (S. 623) (the “Bill”).  According to Senator Rockefeller, the Bill will address any coverage gaps created in the Health Insurance Portability and Accountability Act of 1996 regarding preexisting condition exclusions by eliminating the use of preexisting condition exclusions in all health insurance markets. 

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Read More Senate Bill Aims to End the Use of Preexisting Condition Exclusions by Health Insurers

In November 2008 we reported  that the English High Court had ruled that employers’ liability policies, however they are worded, are triggered by exposure to asbestos and not when, many years later, the tumour develops. 

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Read More UK: Employer’s Liability Trigger Judgment to be Appealed in November 2009

As we previously reported here, the Florida Office of Insurance Regulation recently held a hearing on the use of credit information in insurance ratemaking by insurers. 

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Read More Florida Chief Financial Officer Alex Sink Opposes the Use of Credit Scoring when Determining Automobile Insurance Rates and Availability

An aviation repair company recently filed a lawsuit in federal court in Florida seeking recovery from its insurance broker and Lloyds of London for their alleged failure to cover a purported loss of plane engines leased to a Mexican airline that were confiscated by the Mexican government. 

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Read More Aviation Repair Company Files Lawsuit to Recover for Alleged Total Loss of its Leased Plane Engines Due to Confiscation by the Mexican Government

From 1 April, amendments to the FSA’s Senior Management Arrangements, Systems and Controls sourcebook (SYSC) will extend the application of the so-called “common platform requirements” (SYSC 4 to 10) to all FSA-regulated firms other than insurers, managing agents and the Society of Lloyd’s. 

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Read More UK: Amendments to FSA’s Systems and Controls Regime

On March 18, 2009, U.S. Congressmen Gene Taylor (D-Miss.) and Peter DeFazio (D-Ore.) introduced the Insurance Industry Competition Act of 2009 (H.R. 1583).   H.R. 1583 seeks to amend the McCarran-Ferguson Act, 15 U.S.C. §§ 1011 et seq., by removing the federal antitrust exemption for the insurance industry. 

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Read More Legislation Introduced to Repeal Insurance Industry’s Antitrust Exemption

Earlier this month, Rep. Gene Taylor (D-Miss.) reintroduced legislation, the Multiple Peril Insurance Act of 2009 (H.R. 1264), into the House of Representatives that would amend the National Flood Insurance Program (“NFIP”) to allow homeowners to purchase multiperil insurance covering windstorm damage in addition to flood damage. 

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Read More Multiperil Bill Amending NFIP Reintroduced In House

The Financial Services Authority (FSA) published its much-anticipated review of global banking regulation on 18 March 2009. The review analyses the events that led to the financial crisis and recommends reform based on a “macro-prudential” approach rather than focussing solely on specific firms. 

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Read More UK: FSA Publishes Turner Review on Global Banking Regulation

On 13 March 2009, the application to quash the decision of the Secretary of State for Transport and the Secretary of State for Communities and Local Government to grant planning permission for the expansion of London’s Stansted airport was refused. 

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Read More UK: Stansted Passengers and Air Traffic Movements to Increase