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Media reports indicate that Senator Patrick Leahy’s (D-VT) amendment to repeal the antitrust exemption under the McCarran-Ferguson Act for health insurers and medical mal practice insurers, last discussed here, has been removed from the latest version of the Patient Protection and Affordable Care Act (H.R. 3590). 

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Read More Partial Repeal of McCarran-Ferguson Act Dropped from Senate Health Reform Bill

On December 16, 2009, the Maryland Insurance Administration (“MIA”) issued a media advisory announcing that Ralph S. Tyler will step down as Commissioner of the MIA effective January 8, 2010.  Tyler, who has been Maryland’s Insurance Commissioner since 2007, has accepted the position as Chief Counsel with the Federal Food and Drug Administration. 

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Read More Maryland Insurance Commissioner Steps Down

Healthcare reform efforts were marked with uncertainty and skepticism in the Senate last week, as Democratic leaders continued their scramble to reach a consensus on the controversial bill before Christmas.  Those efforts continued behind the scenes into the weekend, and a compromise was finally unveiled on Saturday. 

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Read More Last Week in DC: The Healthcare Reform Debate – December 21, 2009

The new Lugano Convention enters into force in the European Union and Norway on 1 January 2010. It will replace the 1988 Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. 

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Read More UK: Civil Jurisdiction and Judgments Regulations 2009 (SI 2009/3131) Will Bring the New Lugano Convention into Force in the UK on 1 January 2010

As previously discussed here, the government of El Salvador has been considering imposing a tax on premiums ceded to reinsurers.  The original proposal was for a 10% tax, but the government has lowered that proposal to 5% (the proposal still includes a 25% tax as to reinsurers located in jurisdictions considered to be tax havens). 

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Read More El Salvador: Insurance Association Proposes Alternative 3% Tax for Reinsurers

In a judgment issued on 15 December in the English High Court (Lehman Brothers International (Europe)(in administration) v CRC Credit Fund Limited & Ors [2009] EWHC 3228), and based on assumed facts presented to him, Mr Justice Briggs described the failure by LBIE to protect client monies from the impact of insolvency as “truly spectacular” and involving “shocking underperformance“. 

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Read More UK: English High Court Judge Blasts the Spectacular Failure to Protect Client Monies by Lehman Brothers International (Europe) (LBIE), its Auditors and Regulators

Brazilian reinsurance company J. Malucelli Re has recently received foreign reinsurer authorization in Paraguay, Ecuador and the Dominican Republic and expects to receive authorization shortly in Argentina, Mexico and Costa Rica.  According to its Technical Director, Luiz Alberto Pestaña, these regulatory authorizations are just the beginning of J. Malucelli Re’s plan to become the largest warranty reinsurer in Latin America by 2015. 

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Read More J. Malucelli Re of Brazil Details Latin American Expansion Plans

In AC Ward & Son Ltd v Catlin (Five) Ltd & Ors [2009] EWHC 3122 (Comm), the claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends.  AC Ward obtained insurance through its brokers, Henderson Insurance Brokers Limited (the Brokers) and the insurance was underwritten by Catlin (Five) Limited (the Insurers) pursuant to a binding authority granted to AT Docherty General Underwriting Agency Limited (ADC). 

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Read More UK: High Court Rules on Avoidance and Breach of Warranty Issues

Max Capital Group Ltd. recently announced the establishment of its Latin American reinsurance operations in Latin America through representative offices in Rio de Janeiro, Brazil and Bogota, Colombia.  The company also announced the hiring of Carlos Caputo and Sonia Galvis, both formerly of XL Re Latin America, as the CEO and Chief Underwriting Officer, respectively, of Max Capital’s Latin American operations. …
Read More Max Capital Group Establishes Latin American Reinsurance Operations