In late 2007, the Washington Supreme Court held that (1) an insurer’s issuance of a subpoena to and ex parte written communications with an arbitrator in an underlying claim constituted bad faith; and (2) the insurer did not rebut the presumption of harm that arose from that bad faith finding. 

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Read More Washington Supreme Court Holds That Insurer’s Subpoena To, and Ex Parte Communications with, Arbitrator Constitute Bad Faith

In the wake of the wildfires that devastated Southern California in October of last year, more than 22,000 insurance claims were filed, according to the Insurance Information Network of California.  While the bulk of those claims may be for additional living expenses due to the mass evacuation of San Diego County, at least 1,500 homes were destroyed by the fires. 

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Read More California Wildfire Decisions May Provide a Guide for Future Disputes – Part II: “Usually Situated” Language May Be Found Ambiguous

A Mississippi federal court judge in a hurricane Katrina-related damages trial recently refused to allow a jury to consider whether to award punitive damages against an insurer. …
Read More Mississippi Federal Judge Takes Punitive Damages Decision Away From Jury in Hurricane Katrina-Related Damage Trial

n the case of Kajima UK Engineering Limited v The Underwriter Insurance Company Limited [2008] EWHC 83 (TCC), the Technology and Construction division of the High Court considered the ambit of a notification provision in a “claims made” policy. 

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Read More The English High Court has Considered the Ambit of a Notification Provision in a “Claims Made” Policy

The Association of British Insurers (ABI) has published research that highlights the important role that insurance can play in meeting financial commitments when households lose a regular income. 

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Read More UK: Regulatory: Association of British Insurers Publishes Research on Income Protection Policies

Steve Matthews has just been appointed the Captive Insurance Coordinator of the Montana State Auditor’s Office by the Montana Captive Insurance Association Inc.  He replaces John Huth, who has accepted a position with the Montana Transportation Department. 

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Read More Steve Matthews Appointed Montana Captives Coordinator

Massachusetts has become one of the most aggressive states in the country regarding protecting personal data. It has adopted a new data breach law, a new document destruction law and proposed regulations that may represent one of the most far-reaching information security requirements anywhere in the U.S. Taken together, these will have major compliance implications and will likely require more rigorous, written security policies for any company doing business in Massachusetts or holding Massachusetts personal data, wherever located. …
Read More Aggressive New Massachusetts Data Breach Law and Proposed Security Rules Require Company Action

On two separate occasions during the past few months, President Bush has vetoed proposed extensions to the State Children’s Health Insurance Program (“SCHIP”) and it remains to be seen whether the current legislation, due to expire in 2009, will be extended while President Bush remains in office. 

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Read More SCHIP Development – House Fails To Obtain Necessary Majority To Override President Bush’s Veto of Latest Bill

In the US, defendants and their insurers have paid out significant sums for sexual abuse claims. A landmark decision of the House of Lords in A v Hoare [2008] UKHL 6 may mean that insurers covering UK employers for similar abuse claims will begin to share the US’s experience. 

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Read More Abuse Claims to Increase in Light of “Lotto Rapist” UK House of Lords Decision