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  • Article

    Special Focus: Update On The Status Of The Covered Agreement

    Both the E.U. and the Trump Administration have now indicated that they will sign the Covered Agreement negotiated by the Obama Administration.
    GlobalInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Minnesota Implements The 2011 Naic Credit For Reinsurance Model Law And Regulations

    On May 8, 2018, the governor of Minnesota signed H.F. 3622, a bill implementing the 2011 NAIC Credit for Reinsurance Model Law and Regulations. The bill creates a new classification...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
Article

South Dakota Adopts Credit For Reinsurance Model Law

On March 6, 2017, the Governor of South Dakota signed into law House Bill 1045 conforming South Dakota law to the current version of the Credit for Reinsurance NAIC Model Law (Model 785).
United StatesInsurance
Carlton Fields
Carlton Fields
  • Article

    Special Focus: NAIC Hearing Regarding The Implementation Of The Covered Agreement

    The NAIC recently held a hearing on the implementation of the reduced reinsurance collateral provisions of the Covered Agreement
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Trending Risk Transfer Techniques Challenge Legal Conventions

    The article discusses evolving aspects of risk transfer and related legal developments and concerns.
    United StatesInsurance
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Special Focus: The Covered Agreement

    The United States and the European Union have agreed on the final wording of a Covered Agreement which covers several topics, including the provision of collateral by foreign reinsurers.
    GlobalInsurance
    Carlton Fields
    Carlton Fields
  • Article

    PHH Fine On Hold, Says D.C. Circuit

    The case will now proceed to the D.C. Circuit for a decision on the merits, which is likely to come next year.
    United StatesFinance and Banking
    BakerHostetler
    BakerHostetler
  • Article

    Eighth Circuit Upholds Dismissal Of Claim Against Department Of Health & Human Services Under ACA Transitional Reinsurance Program For Lack Of Subject Matter Jurisdiction

    Seeking reimbursement of fees paid, allegedly by mistake, under the transitional reinsurance program in the Patient Protection and Affordable Care Act, the trustees of the Twin City Pipe Trades Welfare Fund's sued ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Final Judgment Entered And Notice Of Appeal Filed In Longstanding Reinsurance Dispute

    In the ongoing reinsurance dispute between cedent Utica Mutual Insurance Company and reinsurer Clearwater Insurance Company, two developments occurred on July 14, 2016.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    In Search For Clarity: U.S. Court Decisions On Whether To Imply Follow -the-Fortunes And Follow-the-Settlements Principles Into Reinsurance Contracts

    Undoubtedly, reinsurance practitioners learn early on certain fundamental principles and customary practices that define reinsurance.
    United StatesInsurance
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    NDNY Jury Awards $35m Plus Interest For Amounts Due Under Reinsurance Contracts

    Post-trial motions are to be filed by December 29, 2017.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Finds Plaintiff Entitled To Trial On Issue Of Whether An Arbitration Agreement Was Executed

    Defendant provided the district court with copies of two contracts – a Reinsurance Participation Agreement and a Request to Bind – that were purportedly signed by Plaintiff's CEO and contained arbitration clauses.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Oklahoma Insurance Commissioner Orders Electronic Filing Of Forms And Associated Payments By Accredited Reinsurers

    On August 24, 2016, the Oklahoma Insurance Commissioner issued an order requiring all accredited reinsurers in the state to file all annual statements, audited financial statements, forms, documents...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    September 2019 Reinsurance Newsletter

    The September 2019 Reinsurance Newsletter is now available for your reading pleasure. You may access it on the Squire Patton Boggs website or here.
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    Seventh Circuit Affirms Dismissal Of Post-Liquidation Reinsurance Claim As Time-Barred

    We previously posted on the trial court's ruling addressing the statute of limitations in this case on June 23, 2016.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Special Focus: Follow The Fortunes Doctrine

    The follow the fortunes (or follow the settlements) doctrine has been an important part of many reinsurance relationships.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Remands To Determine Whether Jurisdiction Existed For Appeal Of Denial Of Motion To Compel Arbitration

    The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Court Affirms Ruling Denying Motion To Compel Arbitration On The Basis That Contract Was Invalidated By Fraud

    The Ninth Circuit, in an unpublished opinion, has found that a contract, and therefore an arbitration clause within it, was unenforceable due to fraud in the inception, despite the fact that both parties had ample opportunity to review the contract in its entirety.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Enforces Forum Selection And Choice Of Law Clauses In Worker's Compensation Reinsurance Participation Agreement

    Plaintiff AGL Industries, Inc. (AGL), a steel fabrication and erection business, enrolled in a workers' compensation insurance policy with Defendant Continental Indemnity Company and a reinsurance participation agreement (RPA) with Defendant Applied Underwriters Captive Risk Assurance Company, Inc. After Continental canceled the workers' compensation insurance policy, ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Grants Motion Compelling 30(B)(6) Deposition Testimony On Reinsurance From Insurance Company Following Liquidation

    In a discovery dispute following the liquidation of Western Insurance Company ("Western"), a Utah federal district court granted a motion to compel a 30(b)(6) deposition testimony regarding Western's reinsurance agreements.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
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