A Florida appellate court recently swam against a tide of decisions that have eroded the attorney-client privilege in bad faith litigation. 

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Read More Florida Appellate Court Holds That Injured Party Suing Tortfeasor’s Insurer for Bad Faith is Not Entitled to Privileged Communications Between Insured, Insurer, and their Joint or Separate Counsel

A New York jury recently found a cell phone distributor’s risk manager liable for his alleged role in a scheme to commit securities fraud.  According to the SEC’s allegations, the scheme involved the cell phone distributor’s purchase of a multi-year finite risk insurance policy, which enabled the company to spread a loss over several years.  

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Read More SEC Prevails in Fraud Case Against Risk Manager

On June 11, the United States Supreme Court has paved the way for additional litigation under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). 

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Read More Supreme Court Weighs in on Dirty Sites – CERCLA Permits Private Right of Action

On May 30, the U.S Court of Appeals for the First Circuit held that an insured’s broad allegations of pollution over a course of decades are enough to trigger a liability insurer’s duty to defend environmental contamination lawsuits. 

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Read More First Circuit Finds Flexibility in “Sudden and Accidental” Pollution Exception

On May 29th, Eliot Spitzer, Governor of New York, signed an executive order creating the New York Commission to Modernize the Regulation of Financial Services.  The Commission’s objective is to streamline state regulation of an industry that has become increasingly complex over the past decade. 

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Read More Eliot Spitzer Establishes Commission to Modernize Insurance Regulation in New York

Joel Ario, former insurance administrator of the Insurance Division in the Oregon Department of Consumer and Business Services (“DCBS”), has confirmed that he has accepted the nomination by Pennsylvania Governor Edward Rendell to serve as Insurance Commissioner for Pennsylvania. 

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Read More Introducing Pennsylvania’s New Insurance Commissioner

A Florida appellate court recently recognized a new statutory cause of action for bad faith in the handling of medical malpractice claims. 

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Read More Florida Court Recognizes New Statutory Medical Malpractice Bad Faith Cause of Action

On June 4, 2007, the National Association of Insurance Commissioners (NAIC) adopted the Military Sales Practices Model Regulation.  The purpose of the Model Regulation is to provide uniform standards through which active duty service members of the United States Armed Forces are protected from dishonest and predatory insurance sales practices. 

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Read More NAIC Adopts Military Sales Practices Model Regulation

Given the escalating costs of covering legitimate health care services, the last thing the health insurance industry needs is to be paying for services that were never rendered.  Fortunately, state and federal laws provide harsh penalties for this sort of fraud. 

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Read More Group Health Incorporated Spots Insurance Fraud in Alleged Brain Surgery Scam