The House Subcommittee on Oversight and Investigations (the “Subcommittee”) will hold a meeting, entitled “Credit-Based Insurance Scores:  Are They Fair?,” on October 2, 2007 to discuss the growing use of credit-based insurance scores. 

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Read More House Subcommittee to Address Fairness of Credit-Based Insurance Scores

Pursuant to Florida Administrative Code, chapter 62-761, effective December 31, 2009, all underground storage tank systems in the state of Florida must adhere to the requirements for “secondary containment” with “interstitial monitoring,” which were established in July 1998. 

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Read More Environmental Claims – Florida Underground Storage Tank Upgrades Required by December 31, 2009

A widely used over-the-counter laxative product is one of the latest targets in nationwide medical product liability litigation.  According to complaints filed in over 50 lawsuits in at least 20 jurisdictions, C.B. Fleet Company’s Phospho-soda product, used commonly to prepare patients for colonoscopies and surgical procedures, has allegedly caused kidney failure and even death in some cases. 

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Read More More Than 50 Lawsuits Filed Alleging That Popular Laxative Causes Kidney Failure

A study recently published in the Archives of Internal Medicine reports that serious adverse drug events reported to the FDA more than doubled  between 1998 and 2005.  As defined by the FDA, serious adverse drug events involve drug reactions that “result in death, birth defect, disability, or hospitalization, or are otherwise life threatening or require intervention to prevent harm.” 

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Read More Consumer Drug Related Injuries and Deaths More Than Doubled Between 1998 and 2005

The Federal District Court for the Northern District of California recently ruled that the FDA’s premarket approval (“PMA”) process for Class III devices does not preempt state law causes of action. 

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Read More California Federal Court: FDA Premarket Approval Process Does Not Preempt State Causes of Action

The reports, studies and opinions about the reinsurance market for 2008 have continued to emanate from Monte Carlo over the past two weeks.  Aon and Guy Carpenter released reports timed to the Monte Carlo Reinsurance Rendezvous, which indicate that the reinsurance market stabilized in 2007, with capacity increasing to meet the increased demands in 2006 arising after the large catastrophes of 2005 and prior years. 

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Read More Reinsurance Reports: Stabilized Market; Softening of Prices

The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s decision finding that a cedent’s appointment of an arbitrator in a reinsurance arbitration was invalid because it did not fall within the time limitations set forth by the reinsurance contract at issue. 

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Read More Seventh Circuit Enforces 30-Day Deadline to Select Party-Appointed Arbitrator

Recently, in Argonaut Ins. Co. v. Century Indemnity Co., No. 05-5355 (E.D. Pa. September 5, 2007), the United States District Court for the Eastern District of Pennsylvania was asked to determine which of four arbitration panels should decide the question of whether individual arbitration proceedings should be consolidated. 

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Read More Court Rules That Four Separate Panels Must Resolve Arbitration Consolidation Issues

Judge Ashley Royal of the United States District Court for the Middle District of Georgia recently held in a case by an insured against its disability insurer alleging bad faith refusal by the insurer to pay disability benefits, that the plaintiff was entitled to discovery of a wide range of documents potentially bearing on the insurer’s “intent” and the circumstances “surrounding” the insurer’s refusal to pay. 

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Read More Bad Faith Plaintiff Entitled To Discovery Of Insurer’s Records Concerning Reserves, Financial Performance of Policy Line, and Claims Personnel Compensation

Despite news reports that the White House plans to veto the Terrorism Risk Insurance Revision and Extension Act of 2007 (“TRIREA”) in its current form, the U.S. House of Representatives overwhelmingly voted 312-110 today in favor of TRIREA, which would extend TRIA 15 more years and add group life insurance and domestic terrorism coverage. 

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Read More Breaking News: House Approves TRIA Extension