We are following a unique case pending in the U.S. District Court for the Northern District of Florida, where Universal Health Care Insurance Company (UHCIC) has attempted to remove to federal court the receivership proceedings commenced in Florida state court by the Florida Department of Financial Services (DFS).  The DFS has moved to remand the matter to state court, briefs have been filed, and the matter awaits a ruling from the court. 

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Read More Florida Insurer’s Removal of Receivership Proceeding to Federal Court Under Review

On June 11, Mississippi Attorney General Jim Hood filed a civil action again State Farm Fire and Casualty Co. in the Circuit Court of Hinds County, Mississippi, alleging breach of contract, bad faith breach of contract, and breach of duty of good faith and fair dealing.  The suit arises out of State Farm’s alleged failure to honor an agreement for a mass settlement of claims arising out of damage caused by Hurricane Katrina. 

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Read More Mississippi Attorney General Sues State Farm Again

Both houses of the New York State legislature passed a bill proposing to reverse the longstanding New York rule that an insurer need not establish prejudice in order to disclaim coverage based upon late notice. 

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Read More Pending Legislation May Change New York Law of No-Prejudice

On June 21, Allstate Insurance announced that it settled a post-trial legal dispute with its insured, Robert Weiss, in a significant Hurricane Katrina-related damages case. 

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Read More Allstate Settles Post-Trial Legal Dispute In First Louisiana Wind vs. Water Dispute Trial

The Florida Legislature created the Task Force on Citizens Property Insurance Claims Handling and Resolution during a special session in 2007.  Citizens Property Insurance Company, Florida’s state sponsored insurer, experienced significant difficulties in handling the deluge of claims from the 2004 and 2005 hurricane seasons. 

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Read More Florida Legislature Creates Task Force on Citizens Property Insurance Claims Handling

On June 20, 2007, the Superior Court of New Jersey, Appellate Division reaffirmed that New Jersey Courts do not consider a Service of Suit Clause in an insurance policy to constitute an exclusive forum selection clause in favor of the insured. 

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Read More Service of Suit Clause Not an Exclusive Forum Selection Clause Under New Jersey Law

An intermediate New York State appellate court held late last year that there was a question of fact whether a component of an SEC settlement that was specifically labeled “disgorgement” actually constituted the kind of disgorgement that courts deem uninsurable as a matter of public policy. 

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Read More Does an SEC Settlement Constitute Uninsurable Disgorgement?

On June 25 and for the second time in nine months, the House  unanimously passed H.R. 1065, the Nonadmitted and Reinsurance Reform Act of 2007.  The bill establishes national standards on how states may regulate and tax surplus lines insurers and also sets national standards concerning the regulation of reinsurance. …
Read More House Passes Nonadmitted and Reinsurance Reform Act

Fireman’s Fund Insurance Company recently released a new insurance coverage product for the video game development industry.  The policies will insure video game producers in a similar manner as policies that insure television and film producers. 

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Read More Insurance Company Provides New Video Game Development Coverage