A California Court of Appeal recently held that “deliberate acts of self-defense” can be “accidents” for purposes of determining an insurer’s duty to defend under a liability insurance policy. 

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Read More California Court of Appeal Holds That Deliberate Acts of Self-Defense Can Be “Accidents” That Give Rise to the Potential For Liability Coverage

On October 25, 2007, Edwards Angell Palmer & Dodge will sponsor the first event of the U.S. chapter of the Reinsurance 40 and Under Group (“Reinsurance Under 40s”), a new and exciting organization open to all professionals in the reinsurance industry under the age of 40. 

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Read More Reinsurance Under 40’s Event to Take Place on October 25, 2007 in New York

Multiple news outlets reported today that the Senate Banking Committee will vote on the proposed Terrorism Risk Insurance Program Reauthorization Act (“TRIPRA”) this coming Wednesday.  TRIPRA represents the Senate’s attempt at  further  extending the federal terrorism risk insurance program originally established by the Terrorism Risk Insurance Act of 2002 (“TRIA”)  and initially extended to December 31, 2007 by legislation in  2005. 

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Read More Senate Banking Committee to Consider TRIA Extension Legislation this Week

We recently reported on Chief Judge Brown’s decision to dismiss the federal RICO Claims in the Insurance Brokerage Antitrust case pending in district court in New Jersey.  As we discussed here, Judge Brown held that the plaintiffs had failed to satisfy Rule 8’s pleading standard. 

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Read More Plaintiffs Appeal Dismissal of Federal RICO Claims in Insurance Brokerage Antitrust Case

On September 26, 2007, William R. Berkley, Chairman and C.E.O. of W.R. Berkley Corporation, the ninth largest commercial insurer in the U.S., addressed the Senate Finance Committee concerning an alleged flaw in the current U.S. tax system that provides certain economic advantages to foreign property and casualty insurers domiciled in favorable tax jurisdictions, such as Bermuda. 

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Read More U.S. Insurers Urge Congress to Modify Provisions of Current Tax Law Related to Foreign Insurers

On October 9, the Connecticut Attorney General (the “CT AG”) filed a Complaint against Guy Carpenter and Excess Reinsurance Inc.  The Complaint is 107 pages long and contains numerous highly-disputed allegations about the structure of the reinsurance markets over the last fifty years as well as hotly contested claims about the activities of the participants in certain reinsurance facilities. 

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Read More Connecticut AG Files Complaint against Guy Carpenter and Excess Re – Direct Summary

A California federal court recently attempted to clarify the interrelationship between extrinsic evidence, potential for liability and the duty to defend under California law. …
Read More Extrinsic Evidence Cannot Create Duty to Defend Under California Law Where The Evidence Does Not Pertain To The Claims Actually Asserted

 In a recent 93-page opinion found here, Judge William Smith of the U.S. District Court for the District of Rhode Island  decided a host of issues relating to an insurer’s (and an excess insurer’s) duty to defend. 

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Read More Rhode Island Federal Court Decision Addresses Numerous Duty to Defend Issues

On October 9, 2007, North  Dakota Governor John Hoeven appointed Adam Hamm, 36, as the new Insurance Commissioner of North   Dakota.   On October 22, Hamm will succeed Jim Poolman, whose resignation became effective on September 1, 2007  before his term expired to become an insurance industry consultant. 

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Read More Adam Hamm Appointed as New North Dakota Insurance Commissioner