Insurance

This Note discusses directors and officers liability (D&O) insurance, focusing on key types of D&O insurance coverage, policy terms, conditions and exclusions.

This Checklist identifies steps that a commercial policyholder should take when it suffers a property loss and financial losses arising from property damage and intends to file a claim with its insurance company.

This Note discusses insurance bad faith law, focusing on general principles and prevailing standards of insurance bad faith, bad faith denial of insurance coverage, wrongful refusal to defend claims and bad faith refusal to settle claims.

This Standard Document is a form for a notice letter for a policyholder to send to its insurance company when a third-party claim has been brought against the policyholder and coverage may be available under the policyholder's occurrence-based insurance policy.

A Q&A guide to insurance and reinsurance law in Mexico. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Mexico. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

A Q&A guide to insurance and reinsurance law in Canada. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Canada. To compare answers across multiple jurisdictions visit the Insurance and reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

A discussion of key provisions in M&A agreements in the insurance industry in private acquisitions and public mergers. This Note includes links to recent deals summarized in PLC What's Market and will be updated quarterly.

A Q&A guide to insurance and reinsurance law in Germany. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Germany. To compare answers across multiple jurisdictions visit the Insurance and reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

This Law Firm Publication by Wiley Rein LLP discusses Heubel Materials Handling Co. v. Universal Underwriters Ins. Co., 2013 WL 331587 (8th Cir. Jan. 30, 2013). In this case before the US Court of Appeals for the Eighth Circuit, the court held that under Missouri law an insurer had no duty to defend or indemnify when the insured breached the cooperation clause by selecting its own counsel and controlling the defense of an underlying matter. The publication discusses the case's factual background and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses Genesis Insurance Co. v. Magma Design Automation, Inc., No. 11-15800, 2013 WL 427805 (9th Cir. Feb. 5, 2013). In this case before the US Court of Appeals for the Ninth Circuit, the court held that under California law the prior notice exclusion of an excess policy did not bar coverage for securities and derivative litigation where the insured's notice of a related patent infringement action had been held not to comply with the notice-of-circumstances clause of the prior policy. The publication discusses the case's factual background and the court's ultimate legal holdings.

A Q&A guide to insurance and reinsurance law in Japan. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Japan. To compare answers across multiple jurisdictions visit the Insurance and reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

This Law Firm Publication by Wiley Rein LLP discusses Great Am. Assur. Co. v. Am. Cas. Co. of Reading, Pa., 2013 WL 85826 (6th Cir. 2013). In this case before the US Court of Appeals for the Sixth Circuit, the court held that, under Kentucky law, when other insurance provisions in two policies conflict, an "excess" other insurance provision will prevail over an "escape" other insurance provision that excludes coverage solely on the basis of the existence of other insurance. The publication discusses the case's factual background and the court's ultimate legal holdings.

This Law Firm Publication by Simpson Thacher & Bartlett LLP discusses recent decisions relating to subrogation claims, broker liability, pro rata allocation and the retroactive application of insurance-related legislation. This publication also discusses likely insurance and reinsurance issues in potential coverage litigation arising out of Hurricane Sandy.

A Q&A guide to insurance and reinsurance law in South Korea. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in South Korea. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

This Law Firm Publication by Wiley Rein LLP discusses In re TierOne Corp., 2012 WL 4513554 (Bankr. D. Neb. Oct. 2, 2012). In this case before the US Bankruptcy Court for the District of Nebraska, the court held that an insurer may make settlement payments for claims against a debtor's directors and officers where any claims of the debtor are subordinate to those of the directors and officers under the terms of the policy. The publication discusses the case's factual background and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses Scottsdale Ins. Co. v. Alabama Municipal Ins. Co., No. 2:11-cv-668 (M.D. Ala. Sept. 28, 2012). In this case before the US District Court for the Middle District of Alabama, the court held that the voluntary payments doctrine does not bar an insurer's suit to recoup a settlement payment if the insurer and policyholder agreed that each reserved rights against the other. The publication discusses the case's factual background and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses Dobson v. Twin City Fire Insurance Company, 2012 WL 2708392 (C.D. Cal. July 5, 2012). In this case before the US District Court for the Central District of California, the court held that under California law claims for restitutionary relief are uninsurable as a matter of law. The publication discusses the case's factual background and the court's ultimate legal holdings.

This Law Firm Publication by Skadden Arps discusses how state regulatory agencies have examined the insurance industry for compliance with unclaimed property laws. In particular, this publication highlights what to expect with respect to the recent audits being conducted in the insurance industry.

This Law Firm Publication by Wiley Rein LLP discusses A.P. Pino & Assocs., Inc. v. Utica Mut. Ins. Co., 2012 WL 2567093 (E.D. Pa. July 3, 2012). In this case before the US District Court for the Eastern District of Pennsylvania, the court held that under Pennsylvania law, a retroactive date in an errors and omissions liability policy precluded coverage despite the insureds' mistaken understanding regarding the scope of coverage. The publication discusses the case's factual background and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses Ulster Cnty. v. CSI, Inc., 95 A.D.3d 1634 (N.Y. App. Div. 2012). In this case before the New York Supreme Court, Appellate Division, the court held that an insurer was not relieved of its duty to defend its insured based on a policy's prior knowledge exclusion where the evidence did not establish that the insured had subjective knowledge of relevant facts that would have given a reasonable person a basis to expect a claim. The publication discusses the case's factual background and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses St. Paul Mercury Ins. Co. v. RMG Capital Corp., 2012 WL 2069677 (C.D. Cal. June 7, 2012), a case where the US District Court for the Central District of California held that a letter demanding that an insured confirm its intention to fulfill the insured's contractual obligations did not constitute a "claim" under the insurance policy. The publication discusses the factual background of the case and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses Sharp Realty and Mgmt., LLC v. Capitol Specialty Ins. Corp., 2012 WL 2049817 (N.D. Ala. May 31, 2012). In this case before the US District Court for the Northern District of Alabama, the court found no coverage under either of two successive claims-made miscellaneous errors and omissions policies on the basis that the claim was not timely reported under the first policy and was not first made within the policy period of the second policy. The publication discusses the factual background of the case and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses Jehan Zeb Mir, M.D. v. Admiral Ins. Co., 2012 WL 1694714 (N.J. Super. Ct. Mar. 27, 2012). In this case before the Appellate Division of the Superior Court of New Jersey, the court held that under California law, a medical malpractice liability insurer had no duty to reimburse an insured physician for defense costs incurred in connection with a professional disciplinary action brought against him by the California Medical Board. The publication discusses the factual background of the case and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses the standards courts use to determine whether an insurer has a duty to defend an additional insured (or purported additional insured). The publication examines the unique questions that may lead courts to undertake a more expansive examination of this duty.

This Law Firm Publication by Wiley Rein LLP discusses Conn. Ins. Guar. Assoc. v. Drown, 37 A.3d 820 (Conn. App. Ct. 2012), a case where the Appellate Court of Connecticut held that an exclusion for injury arising solely from the rendering of professional services by individual physicians unambiguously barred coverage for a medical malpractice action. The publication discusses the factual background of the case and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses Ciena Capital LLC v. XL Specialty Ins. Co., No. 651452/2010 (N.Y. Sup. Ct. Mar. 26, 2012), a case where the Supreme Court of New York, New York County held that a policy's pending and prior proceedings exclusion did not bar coverage for a qui tam action brought against an insured lender. The publication discusses the case's factual background and the court's legal holdings.

This Simpson Thacher & Bartlett LLP memorandum discusses a variety of rulings relating to minimum statutory requirements for property insurance under New York law, the transferability of certain insurance coverage rights despite an anti-assignment clause, the scope of advertising injury and the insurability of SEC disgorgement payments. It also addresses recent decisions relating to the consolidation of arbitrations, pro rata allocation of indemnity costs, the viability of contribution claims among insurers, and an insurer’s right to select defense counsel. Finally, it summarizes significant recent changes to federal statutory law governing jurisdiction and venue.

A Q&A guide to insurance and reinsurance law in Australia. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Australia. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

A Q&A guide to insurance and reinsurance in Belgium. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the regulation of insurance and reinsurance contracts; the corporate structure of insurers and reinsurers; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities, including authorisation/licensing requirements; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Belgium. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

A Q&A guide to insurance and reinsurance law in France. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in France. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

A Q&A guide to insurance and reinsurance law in Italy. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Italy. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

A Q&A guide to insurance and reinsurance in Sweden. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the regulation of insurance and reinsurance contracts; the corporate structure of insurers and reinsurers; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities, including authorisation/licensing requirements; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Sweden. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

A Q&A guide to insurance and reinsurance in the British Virgin Islands. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the regulation of insurance and reinsurance contracts; the corporate structure of insurers and reinsurers; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities, including authorisation/licensing requirements; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in the British Virgin Islands. This article is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of contents visit www.practicallaw.com/insurance-mjg.

A Q&A guide to insurance and reinsurance law in the United Arab Emirates, including the Dubai International Financial Centre (DIFC). The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in the United Arab Emirates, including the DIFC. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of jurisdictional Q&As visit www.practicallaw.com/insurance-mjg.

The new Reinsurance Regulatory Framework was introduced in February 2011 in Argentina, aiming to create a local reinsurance market. This article examines the regime in force prior to the implementation of this far-reaching regulation and explains the principal features of the new regime. The pertinent content requirements applicable to reinsurance contracts are analysed, together with the regulation of the activities of reinsurance brokers under the new regime. Finally, the timeframe for the implementation of the new regime is also examined. This article is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of contents visit www.practicallaw.com/insurance-mjg.

This Simpson Thacher & Bartlett LLP memorandum discusses court rulings on the rights of insurers related to a confirmed reorganization plan, tort victims' rights to recover in the event of an insured's insolvency, property damage under a general liability policy, force-placed insurance and the National Bank Act, and insurers' defense and indemnity obligations for Securities and Exchange Commission investigations.  The memo also discusses rulings on a professional liability policy applied to a class action settlement, discovery requests in bankruptcy cases, sanctions for failure to preserve documents, and the disqualification of a law firm from reinsurance arbitration.

This Simpson Thacher & Bartlett LLP memorandum discusses recent court rulings on pro rata allocation, the meaning of "irritant" under a pollution exclusion, the scope of director and officer (D&O) liability insurance, medical monitoring claims under a general liability policy, use of extrinsic evidence in determining an insurer's defense obligations, and coverage under an "additional insured" provision in a contractor or sub-contractor's general liability policy. The memo also discusses court rulings on the availability of excess coverage where a policyholder settles with a primary insurer for less than the policy limits, and New York's bond posting requirement for non-resident plaintiffs.

This Simpson Thacher & Bartlett LLP memorandum discusses court decisions relating to defense cost reimbursements, property damage under general liability policies, anti-assignment clauses and the validity of an arbitration provision in a multi-party reinsurance treaty. It also discusses a South Carolina statute that defines faulty workmanship as an occurrence in commercial general liability policies covering construction work and a Delaware court ruling on the impact of a "lot or batch" clause in a commercial umbrella liability policy on the policy's definition of the term "occurrence." Court rulings on the scope of removal under the Class Action Fairness Act (CAFA), the application of a pollution exclusion to defective drywall claims and reimbursement of e-discovery costs are also detailed.

This Simpson Thacher & Bartlett LLP memorandum discusses court decisions relating to contingent business interruption coverage in the wake of natural disasters, the impact of "other insurance" clauses in policies issued to a mutual insured, and the invalidity of a class action waiver in an arbitration clause. It also discusses rulings on subrogation, the non-transferability of insurance coverage, and coverage for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) costs and faulty workmanship under general liability policies.

This Simpson Thacher & Bartlett LLP memorandum discusses court decisions regarding federal preemption of certain life insurance claims arising from the Armenian genocide, whether negligent representations constitute occurrences, excess D&O coverage and insurer recoupment in shareholder litigation, drywall coverage litigation, an insurer's right to reimbursement under California law for defense costs expended under a reservation of rights, the scope of discovery in bankruptcy proceedings, and the US Supreme Court granting certiorari in a case involving a public nuisance claim for global warming.

A Q&A guide to insurance and reinsurance in Bermuda. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the regulation of insurance and reinsurance contracts; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Bermuda. For a full list of recommended insurance and reinsurance law firms and lawyers in Bermuda, please visit PLC Which lawyer? This article is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of contents visit www.practicallaw.com/insurance-mjg.

A Q&A guide to Insurance and Reinsurance in Finland. The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the regulation of insurance and reinsurance contracts; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Finland. For a full list of recommended finance law firms and lawyers in Finland, please visit PLC Which lawyer? This article is part of the PLC multi-jurisdictional guide to insurance and reinsurance. For a full list of contents visit www.practicallaw.com/insurance-mjg

This Kelley Drye & Warren LLP memorandum discusses the impact of the New York Court of Appeals' decision in Kramer v. Phoenix Life Insurance Company, in which the Court held that a person may procure and immediately transfer a life insurance policy to another person without an insurable interest in that life, even if the policy was obtained solely for that purpose.

This Simpson Thacher & Bartlett LLP memorandum discusses recent insurance coverage disputes over whether claims for medical monitoring (where a plaintiff seeks to recover the costs of medical testing to detect and prevent the onset of a possible future illness) fall within the scope of general liability insurance policies.

An Article outlining important questions to consider before buying (or advising your client on buying) D&O insurance.

This Skadden, Arps, Slate, Meagher & Flom LLP memorandum discusses the issuance of a notice of proposed rulemaking strengthening and expanding the privacy and security obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

This Skadden, Arps, Slate, Meagher & Flom LLP memorandum discusses how the Dodd-Frank Act affects insurance companies. The Financial Stability and Oversight Council, created by the Act, will have the power to require that a nonbank financial company, which may include an insurance company, be subject to prudential regulation (including capital requirements, leverage limits, liquidity requirements and examinations) by the Federal Reserve.

This Simpson Thacher & Bartlett LLP memorandum discusses issues regarding business interruption insurance coverage for claims arising from the oil spill in the Gulf of Mexico, including whether a claimed business interruption loss was caused by physical damage to the insured property (rather than by the broader impact of the catastrophe at large), and how courts in Gulf states will measure that business interruption loss.

This Kelley, Drye & Warren LLP memorandum discusses the recently enacted Patient Protection and Affordable Care Act (PPACA) and its companion bill, the Health Care and Education Reconciliation Act of 2010, which requires that group health plans that offer coverage for dependent children must make coverage available to adult children until they reach age 26.

This Kelley, Drye & Warren LLP memorandum discusses the Ninth Circuit Court of Appeals' decision in Hyundai Motor America v. National Union Fire Ins. Co. of Pittsburgh, where the court held that the advertising injury section of standard comprehensive general liability (CGL) policies covers patent infringement suits when the alleged infringing technology is itself used in the advertising, marketing or sale of a product.

This Simpson Thacher & Bartlett LLP memorandum discusses various court rulings including decisions addressing coverage for Chinese drywall claims; when an insurer may file an interlocutory appeal of a duty to defend decision; the disqualification of party-appointed arbitrators; the cooperation clause; an insurer's duty to indemnify Enron-related losses; whether a subcontractor's faulty construction may constitute an "occurrence"; the threshold requirements for a contribution claim; the reinstatement of a diminished value class action against an automobile insurer; and certain claims against sureties brought in the Court of International Trade.

This Skadden, Arps, Slate, Meagher & Flom LLP memorandum discusses the passage of comprehensive health care reform legislation. The $940 billion package of legislation, which will provide coverage to an estimated 32 million Americans, will impact every sector of the U.S. health care system, including health insurance plans, hospitals and providers, drug and device manufacturers, health information technology companies and others.

In this practice note, Ian Poynton and James Smethurst, partners in Freshfields Bruckhaus Deringer LLP's Financial Institutions Group, outline progress on the Solvency II project and consider how it may evolve over the next few years. The final text of the level 1 Solvency II Directive (2009/138/EC) was published in the Official Journal of the European Union on 17 December 2009. Please note that this practice note reflects the legal position as at February 2010. For information on developments since then, see Practice notes, Solvency II: an overview and Solvency II resources.

A checklist of important questions and issues to consider when choosing an insurance carrier for D&O insurance.