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On February 17, 2011, the U.S. Senate approved legislation that would repeal the expanded IRS Form 1099 information-reporting requirements imposed by healthcare reform law.  Section 9006 of the Patient Protection and Affordable Care Act (“PPACA”) currently requires that certain payments of $600 or more to corporations be disclosed on the IRS Form 1099 starting in 2012. …
Read More U.S. Senate Approves Repeal of 1099 Reporting Requirement

EAPD is sponsoring today’s ARC Congress in London. EAPD partner, Mark Everiss, who is a Director of ARC, has just chaired an interesting discussion on UK Asbestos/EL Trigger Issues/ ELTO by a prestigious panel of experts – EAPD partner Richard Hopley, Professor Duncan Geddes of Royal Brompton Hospital, Ian Willett of MMI, Colin Wynter QC of Devereux Chambers and Helen Hatchek of RSA. …
Read More ARC Congress, London, 23 February 2011

Connecticut lawmakers are considering plans to require public hearings when health insurers raise rates.  Under the current law, the Connecticut Insurance Commissioner may hold hearings at his discretion.  The new law, if adopted, however, will require public hearings in certain cases to give the state Attorney General and consumer advocates the opportunity to be heard and call witnesses. …
Read More Connecticut Legislation Would Require Public Hearings for Rate Increases

On February 11, eight Democratic Senators sent a letter to the Department of Justice (DOJ) and the Federal Trade Commission (FTC), asking the two entities to work together on antitrust guidance for the Accountable Care Organizations (ACOs) that will soon be created under the new healthcare law, the Patient Protection and Affordable Care Act (PPACA). …
Read More Healthcare News from Capitol Hill and the Department of Health and Human Services – February 22, 2011

In two separate cases, federal courts have upheld the carrier’s denial of coverage for claims by an employer alleging that the insured induced a breach of their former employee’s employment contract. …
Read More Courts Find That Employment Claims Are Excluded By Contractual Liability Exclusions

In November, we reported on the New York Court of Appeals’ decision in Kramer v. Phoenix Life Insurance Company, 15 N.Y.3d 539 (2010), in which the Court determined that a person may purchase a life insurance policy and then immediately transfer it to someone who lacks an insurance interest in that life, even if the policy were purchased with the intent of selling it. …
Read More Update: District Judge May Toss N.Y. STOLI Suit After Court of Appeals Ruling

Last week, U.S. Representatives and a group of large insurance companies sent letters to U.S. Treasury Secretary, Timothy Geithner, and other key lawmakers requesting that decisions affecting insurers under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) be postponed until all appointments are made to the newly created Financial Stability Oversight Council (the “Council”). …
Read More U.S. Representatives and Insurers Request Delay of Decisions Affecting Insurers Under Dodd-Frank Act

In the recent case of Teal Assurance Company Ltd v (1) WR Berkley Insurance (Europe) Ltd (2) Aspen Insurance UK Ltd (2011) EWHC 91 (Comm), the Commercial Court considered the order in which losses eroded liability in a complex professional indemnity tower. …
Read More UK: Commercial Court Considers when Liability is Triggered in a Complex P.I. Tower