As we discussed here, the United States Supreme Court last week ruled that state law claims for failure to include an adequate warning on a pharmaceutical label are not preempted by the federal Food and Drug Administration’s (“FDA”) prior approval of the product’s label. 

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Read More Wyeth v. Levine: Further Analysis of Risk Management Implications

The UK Treasury Department has published a summary of the responses to its joint consultation with the Financial Services Authority (FSA) on the implementation of the Acquisitions Directive (2007/44/EC). 

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Read More UK/EU: UK Government Publishes Responses to Implementation of Acquisitions Directive

John Hughes and Machua Millett of EAPD have recently released an updated version of their whitepaper entitled Venture Capital, Private Equity and Hedge Funds: Structure and Risk Exposures.  The whitepaper leads the reader through the structure and characteristics of venture capital, private equity and hedge funds, presents the latest market trends in these areas and then discusses the risk exposures for such funds and related entities. 

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Read More Updated Whitepaper: Venture Capital, Private Equity and Hedge Funds: Structure and Risk Exposures

The Superior Court of New Jersey, Appellate Division recently held that an insured that had received asbestos claims against it prior to the time it applied for an excess insurance policy was not precluded by the known loss or loss in progress doctrines from receiving coverage for subsequent asbestos-related claims. 

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Read More New Jersey Appellate Court Weighs in on Coverage of Asbestos Claims, Known Loss and Loss in Progress Doctrines

According to a recent article in El Financiero, large companies are waiting expectantly for the introduction of insurance alternatives in the Costa Rican market. 

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Read More Costa Rica: Large Companies Look Forward to Alternatives in the Newly-Opened Insurance Market

Where a policyholder has deliberately damaged his own property, any insurance he has taken out over that property will not cover such damage, unless the policyholder can prove that he was legally insane at the time. The test of insanity is the same as is used in the criminal law.

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Read More UK: Court Rules on Deliberate Damage by Policyholder – Porter v Zurich

The First Circuit recently affirmed summary judgment granted to an insurer who had denied coverage to its insured, despite the insured’s allegation that there was a “possibility of coverage” under the complaint. 

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Read More Post-Hoc Speculation Not Enough to Create “Possibility” of Coverage in Underlying Suit

Physicians, hospitals and other healthcare providers may not be aware that the federal Red Flag Rules, 16 C.F.R. § 681, may apply to them. The Rules, which become effective on May 1, 2009, require covered entities to formally address the risks of identity theft and develop a plan to prevent such risks. 

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Read More New “Red Flag” Identity Theft Rules Apply to Healthcare Providers