Simpson Thacher: Insurance Law Alert, March 2011 | Practical Law
This Simpson Thacher & Bartlett LLP memorandum discusses court rulings regarding alleged fraud by insurers in shifting costs to the National Flood Insurance Program after Hurricane Katrina, the interpretation of a pollution exclusion to silica dust exposure claims, an insurance broker's duty to disclose its compensation under New York common law, the annualization of aggregate limits under a multi-year excess policy and the nontransferability of insurance coverage to a successor property owner by operation of law. It also discusses several rulings related to discovery, including two decisions interpreting the Freedom of Information Act and a ruling addressing the scope of the "common interest" privilege. The memorandum also addresses decisions regarding arbitrator conflicts of interest and bankruptcy courts' jurisdiction over proceedings filed by asbestos trusts.