Over two years ago, the European Commission (“EC”) initiated an inquiry into the state of competition in the European Union (“EU”) business insurance industry.  In explaining the purpose of the inquiry, the EC notes in its Final Report that “[t]aking into account indications that competition in this sector within the common market may be restricted or distorted, the sector inquiry aimed at further investigating the sector and the practices concerned with a view to ultimately identifying any concrete restrictive practices or distortions of competition that may fall within the scope of Articles 81 or 82 of the Treaty.” 


Read More European Commission Issues Final Report on Business Insurance Industry

On Monday, September 24, 2007, the SEC and Federal Reserve issued a press release  announcing final joint rules (originally proposed in December 2006) to implement certain provisions of the Gramm-Leach Bliley Act. 


Read More The SEC and Federal Reserve Announce Final Joint Rules on Exemptions for Banks from the Definition of a Broker

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. 


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. 


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. 


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.” 


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. 


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. 


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. 


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. 


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