The Eighth Circuit Court of Appeals has upheld a lower court decision to apply a multi-factored choice-of-law analysis in an insurance coverage dispute involving multiple-risk policies.  Click here to read the appellate court’s entire opinion in the case of St. Paul Fire and Marine Ins. Co. v. Bldg. Constr. Enter.,

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Read More Eighth Circuit Rejects Principal Location Choice-of-Law Test and Applies Multi-Factored Test for Multiple-Risk Policies

NERA recently issued a report entitled “Do Options Backdating Class Actions Settle for Less?” In its report, NERA concluded that “backdating class actions may be falling short of expectations  . . .  in that the amounts paid to plaintiffs have been substantially lower than in comparable non-backdating cases.” 

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Read More NERA Issues Report on Options Backdating Class Action Settlements

Florida Insurance Commissioner Kevin McCarty announced last week that the Office of Insurance Regulation (OIR) has approved plans for six insurance companies to remove 100,000 policies from Citizens Property Insurance Corporation, Florida’s state created insurer of last resort.  Some of the companies have already begun the take out process, which is scheduled for completion in June. …
Read More Florida’s Insurance Commissioner Approves Transfer of 100,000 Citizens Policies to Private Market

Florida’s Attorney General Bill McCollum, Chief Financial Officer Alex Sink and Insurance Commissioner Kevin McCarty announced on May 23, 2008 that the state reached a settlement with insurance brokerage firm Aon Corp.  According to the Florida agencies, Aon had received, and failed to disclose,  compensation for placing insurance coverage for Florida policyholders. 

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Read More Three Florida Agencies Announce Insurance Settlement with Aon Corp

In July 2007 the Law Commission and Scottish Law Commission (the Commissions) published a joint consultation regarding misrepresentation, non-disclosure and breach of warranty by the insured. A summary of the 105 responses received in relation to consumer insurance has now been published and can be found by clicking here. 

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Read More UK: Law Commission Publishes Summary of Responses to Consultation in Relation to Reform of Consumer Insurance

If recent research is correct, we could all be at risk of developing mesothelioma in the future, and this time asbestos will not be to blame.  A new study conducted by a join team of UK and US scientists raises concern that certain carbon nanotubes may have carcinogenic potential.  A paper published in Nature Nanotechnology on May 20, 2008, describes asbestos-like consequences of inhaling long, multi-walled carbon nanotubes (MWCNTs). …
Read More Recent Study Sparks Concern about Asbestos-like Health Risk from Nanotubes Found in Everyday Products

On 27 May, the FSA published a consultation paper on proposed changes to its Decision Procedure and Penalties (DEPP) manual and Enforcement Guide (EG) (the Consultation Paper), which includes proposals that are relevant to its discussion paper on transparency as a regulatory tool: see our blog here. The Consultation Paper fulfils the FSA’s public commitment to review the DEPP and EG annually. …
Read More UK: Regulatory Enforcement – FSA Issues a Consultation Paper Regarding Proposals to Amend the Decision Procedure and Penalties Manual and the Enforcement Guide

After some delay, the FSA has published a DP which explores the creation of a framework for determining what further information the regulator might publish about firms and industry sectors in order to aid transparency. (See: Discussion paper) This DP reflects the FSA’s strategic priorities for 2008 and 2009 (See: UK: New Business Plan for FSA) 

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Read More UK: The Financial Services Authority (FSA) Launches Discussion Paper (DP) on Increasing Transparency

On 28 May the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) published two Papers of final advice to the European Commission for the Solvency II project, entitled “Advice to the European Commission on aspects of the Framework Directive Proposal related to Insurance Groups” and “Advice to the European Commission on the Principle of Proportionality in the Solvency II Framework Directive Proposal”. 

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Read More EU: CEIOPS Publishes Final Advice to the European Commission for the Framework Directive Proposal Related to Proportionality and Insurance Groups Supervision

The English Commercial Court in Gater Assets Limited v. NAK Naftogaz Ukrainiy [2008] EWHC 1108 (Comm)  recently considered the award of interest on an order of the  English  court entering judgment in terms of a New York Convention arbitration award. The arbitrators had not awarded post-award interest but the claimant applied to enforce the court order,  claiming interest on the award at 8%pa from the date of the court order. The defendant disputed the claimant’s entitlement to interest. 

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Read More UK: Interest Payable on a New York Convention Arbitration Award