Scottish Coal Company and ors v. Royal and Sun Alliance Insurance plc and ors [2008] EWHC 880 (Comm) concerned a claim brought by coalmine owners against a consortium of insurance companies in respect of a roof collapse in May 2000. Liability centred on the unsuccessful attempt of the owners to mine through a roadway (or cross cut). …
Read More English High Court Finds that an Extension to a Policy was an Unequivocal Affirmation of the Contract

The Institute of Insurance Brokers (IIB) has responded to the Financial Services Authority’s (FSA) discussion paper on Transparency Disclosure and Conflicts of interest in the UK Commercial Insurance Market with major concerns (click here to view the IIB press release). 

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Read More FSA: IIB Sees Demise of Small Brokers if Commission Disclosure Becomes Mandatory

Peter Harmer, chief executive of Aon UK, is to become Chairman of the London Market Reform Group (MRG). He succeeds Stephen Matanle, managing director of Libero Ventures Ltd. 

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Read More UK: The London Market Reform Group Appoints a New Chief Executive: Peter Harmer

Competition issues within the business insurance sector have been much discussed recently. The European Commission published its final report on its inquiry into the business insurance sector on 25 September 2007. The report highlighted some questions regarding premium alignment between lead insurers and followers in the co-insurance market. …
Read More UK: Lloyd’s Reminds the Subscription Market of Their Obligation to Comply with Competition Law

Last week, the House and the Senate both passed a bill, H.R. 493/S. 358 (the “Bill”), that prohibits discrimination based on genetic testing results.  The Bill prohibits health plans and insurers from determining an applicant’s eligibility or increasing an insured’s premiums based on genetic information. 

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Read More House and Senate Pass Anti-Discrimination Bill For Genetic Testing

The New York State Insurance Department has issued a legal opinion in response to an anonymous inquiry regarding whether automobile collision repair facilities are permitted to pay part or all of an insured’s deductible.  The opinion states that such a payment does not constitute a rebate, which the N.Y. Ins. Law § 2324 prohibits, and therefore is permissible. …
Read More New York Auto Repair Shops Permitted To Fix More Than Just Autos

The Connecticut Supreme Court recently held that the State has standing to pursue a parens patriae antitrust claim for damages to its general economy against defendant insurance brokerage and consulting firms. 

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Read More Connecticut Supreme Court: State Has Standing to Pursue Parens Patriae Antitrust Claim For Damages to its General Economy

The Florida Senate Banking & Insurance Committee passed legislation last month that would reduce the state-funded reinsurance, which insurers are permitted to purchase in addition to the Florida Hurricane Catastrophe Fund coverage (Cat Fund). The measure, backed by Florida’s Chief Financial Officer Alex Sink, is designed to shed some of the state’s hurricane risk. 

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Read More Florida Senate Passes Bill to Reduce Insurers’ Catastrophe Coverage Limits