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  • Article

    Discovery Dispute In Cost Of Insurance Case Considers Relevance, Statutory Privilege, And Adequacy Of Objections

    In a putative class action alleging that a life insurer engaged in an elaborate scheme to pay stockholders huge dividends by shifting its obligations to reinsurers operating in jurisdictions with weak oversight and ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Illinois Federal Court Denies Motion To Transfer Where Contracts Entered Into And Party Located In Illinois

    Earlier this month, a federal court in Illinois denied a motion to transfer a case to California. The motion arose out of a reinsurance dispute between the R&Q Reinsurance Company and American Insurance Company.
    United StatesLitigation, Mediation & Arbitration
Carlton Fields
Carlton Fields
  • Article

    Final Early Retiree Reimbursement Application Available

    On June 29, 2010, the Department of Health and Human Services (HHS) released the official application for the Early Retiree Reinsurance Program (ERRP) and related instructions, opening the ERRP to employer reimbursement requests.
    United StatesTax
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    IRS Publishes Proposed Regulations For Hedge Fund Reinsurance Arrangements

    Once effective, the proposed rules are likely to cover both existing and future entities
    United StatesTax
    BakerHostetler
    BakerHostetler
  • Article

    European Reinsurers Question Whether Proposed Changes To The Credit For Reinsurance Models Would Ensure Compliance With The Covered Agreement

    We have posted a number of times on the Covered Agreement between the U.S. and the E.U. concerning the reduction of collateral requirements for reinsurance provided by reinsurers domiciled in the E.U.
    GlobalInsurance
    Carlton Fields
    Carlton Fields
  • Article

    California Appeals Court Upholds Summary Judgment Against Insured's Attempt To Pierce Insurer's Corporate Veil

    A California state appellate court recently upheld summary judgment in favor of an insurer in a dispute about the value of fine art paintings over the insured's attempts to pierce the insurer's corporate veil.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Rejects Motion To Seal Summary Judgment Exhibits When Moving Party Fails To Provide Sufficient Factual Justification For Such Sealing

    Utica Mutual Insurance Company's request that numerous exhibits filed in support of summary judgment be sealed has been rejected by a federal district court, which found that Utica's general statements ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Rules Again On Motion To Dismiss In Matter Involving Unfiled Rates Charged Under Reinsurance Agreement

    On July 21, 2016, we reported on a putative class action filed in a California U.S. district court by Shasta Linen Company against Applied Underwriters, Inc. and its affiliated entities, alleging that the "EquityComp" workers' compensation insurance program marketed and sold by Applied Underwriters violated California insurance law and regulations.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Upholds Attorney-Client Privilege In Reinsurance Dispute, Rejecting Assertion Of The Crime-Fraud Exception And Questions Surrounding The Source Of The Privileged Material

    The case involves a dispute over Utica Mutual Insurance Company's claims for reinsurance proceeds from Munich Re.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    District Of Arizona Awards Broad Fee Award Where There Were Competing Motions To Confirm Arbitral Award

    We wrote regarding an arbitration confirmation fight between the Scottsdale Insurance Company and the John Deere Insurance Company in a reinsurance dispute relating to whether there was a computation...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Illinois District Court Dismisses Case Filed By Insurance Department, As Rehabilitator, Against Reinsurer

    The District Court for the Northern District of Illinois dismissed a complaint filed by Plaintiff-Rehabilitator, the Illinois Director of Insurance, against Defendant-Reinsurer, Twin Rivers, alleging breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment and a violation of the Real Estate Settlement Procedures Act (RESPA).
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Louisiana Federal Court Finds Removal Proper As Dispute Could Relate To An Underlying Arbitration Clause In Insurance Policy

    In this case, a Louisiana federal court denied a motion for remand of a former machinist's asbestos-related claim, finding that an English insurer's removal from state court was appropriate and that the dispute could relate to an underlying arbitration agreement contained in an insurance policy.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    New Jersey Court Compels Arbitration, Declines To Appoint Substitute Arbitrator Despite "Exorbitant" Administrative Fee

    Terra Finance LLC brought an action to compel arbitration. Defendant Acrow Corporation moved to dismiss the action, arguing that the arbitration clause was unconscionable, and therefore unenforceable
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Non-Party Notice Of Appeal In Reinsurance Dispute Results In An Award Of Attorney Fees

    When you are not a party to a legal proceeding, but nevertheless file a notice of appeal purportedly on behalf of a party after a settlement, the likelihood of a positive outcome is very low.
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    Putative Class Action In The Southern District Of New York Challenges Use Of "Shadow Insurance"

    A new putative class action suit filed in the Southern District of New York alleges that the use of so-called "shadow insurance" transactions violates New York Insurance Law Section 4226(a)(4), which prohibits insurers from making "any misleading representation, or any misrepresentation of the financial condition of any such insurer or of the legal reserve system upon which it operates."
    United StatesInsurance
    Dentons
    Dentons
  • Article

    Reliance Liquidation Court Approves Application For Direct Payments From Reliance's Reinsurers To Certain Insureds

    Reliance Liquidation Court Approves Application For Direct Payments From Reliance's Reinsurers To Certain Insureds.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    South Carolina Federal Court Orders Separate Trials Of Primary And Third-Party Claims In Reinsurance Trust Investment Dispute

    A federal district court in South Carolina recently granted motions to bifurcate a trial involving various claims, crossclaims, and counterclaims between an insured, reinsurers, and a reinsurance agreement trustee.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Implications Of U.S. Withdrawal From Iran Nuclear Deal On (Re)insurance Industry

    On May 8, 2018, President Donald Trump issued a Presidential Memorandum announcing his decision to withdraw the United States from its participation in the Joint Comprehensive Plan of Action (JCPOA), the agreement under which Iran committed to limiting its nuclear activities in exchange for sanctions relief from the U.S. and others
    GlobalInsurance
    Carlton Fields
    Carlton Fields
  • Article

    North Carolina Legislature Passes Prohibition On MFNs In Health Care Contracts

    On Tuesday, the North Carolina legislature has enacted into law, pending the governor's signature, a prohibition on the use of most favored nations clauses in contracts between commercial health insurers and providers.
    United StatesFood, Drugs, Healthcare, Life Sciences
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    As Students Return to School, Regulators Continue Their Study of the NAIC's Suitability in Annuity

    At the 2018 NAIC Summer National Meeting, regulators continued their efforts to define the standard of care that applies to recommendations.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Showing 161–180 of 583 results

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