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The English High Court provided directions to the liquidators of Whiteley Insurance Consultants (WIC), an insurance intermediary, on how to deal with claims in the liquidation made by creditors to whom insurance policies had been sold by WIC in circumstances where either WIC had no authority from the insurers to place the policies or the insurers did not exist. …
Read More UK: Guidance on the remedies under FSMA – In the matter of Whiteley Insurance Consultants (2008)

The Supreme Court of Alabama recently reversed summary judgment in favor of an insurer on an “abnormal” bad faith claim, ruling that genuine issues of material fact existed as to whether the insurer failed to properly investigate the insured’s claim and failed to investigate the condition of the insured’s house prior to the hurricane that allegedly caused the damage. 

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Read More Supreme Court of Alabama: “Abnormal” Bad Faith Claim Improperly Dismissed

In a recent decision originating from the United States District Court for the Southern District of New York, on remand from the Second Circuit Court of Appeals, the court held that (i) there was no basis for finding that joint liquidators for a Bermuda insurer were deficient or engaged in any misconduct, or that their actions resulted in any prejudice to reinsurer Commercial Union and (ii) that vacating the underlying arbitration award and granting injunctive relief would confer an undeserved benefit on Commercial Union. …
Read More Federal Court Rules That Reinsurer Was Not Prejudiced By Redomestication of Insurer Carried Out Through Deceit

The Connecticut Supreme Court recently reversed a lower court decision and held that the failure to charge a jury on an insurer’s special defense of late notice was harmful error. 

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Read More Connecticut Supreme Court: Failure to Submit Insurer’s Special Defense of Late Notice to Jury was Harmful Error