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 Note discusses commercial first-party property insurance policies by focusing on key terms, provisions and exclusions.

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.

Resources to assist policyholders understand key issues of insurance coverage and recovery.

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 for the claim may be available under the policyholder's claims-made insurance policy.

This Standard Document is an agreement used to suspend the running of the limitations period for a policyholder and its insurance company to initiate a suit or arbitration arising from a coverage dispute.

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.

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 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 Finland. 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.

This Law Firm Publication by Simpson Thacher & Bartlett LLP discusses recent decisions relating to whether administrative agency actions trigger defense and indemnity obligations under general liability policies, among others.

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 Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., 2012 WL 4858194 (5th Cir. Oct. 15, 2012). In this case, the US Court of Appeals for the Fifth Circuit held that under Texas law, an insurer's reservation of rights did not create a conflict of interest entitling an insured to select independent counsel to defend an underlying legal malpractice lawsuit. The publication discusses the case's factual background and the court's ultimate legal holdings.

This Law Firm Publication by Wiley Rein LLP discusses Admiral Ins. Co. v. Fisher, 2012 WL 4378138 (S.D. W. Va. Sept. 25, 2012). In this case before the US District Court for the Southern District of West Virginia, the court dismissed on abstention grounds a coverage action filed in federal court. The court found that it should abstain from hearing the insurer's suit because the coverage issue was raised in a separate state court in conjunction with a wrongful death action. 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.

This Simpson Thacher & Bartlett LLP memorandum discusses two important asbestos-related decisions: one rejecting a policyholder’s attempt to access “non-products” coverage, and the other leaving open the possibility of the appointment of a receiver for a dissolved company in order to allow asbestos claimants to access insurance proceeds. It also address decisions relating to the scope of “advertising injury” and “additional insured” coverage and the meaning of the term “occurrence” in the context of faulty workmanship claims. In addition, this memorandum discusses recent opinions on late notice and a policyholder’s obligation to tender defense of a claim to its insurer. Finally, it highlights significant rulings in the bankruptcy and arbitration contexts, some of which involve splits of authority among federal circuit courts.

This Simpson Thacher & Bartlett LLP memorandum discusses recent court rulings on global warming claims under general liability policies, the "follow the settlements" clause in a reinsurance treaty, the insurable interest requirement for life insurance policies under Delaware law, pro rata allocation, fax blasting claims under the Telephone Consumer Protection Act (TCPA), and the absolute pollution exclusion for defective drywall claims.  The memo also discusses an Ohio court ruling on the availability of excess coverage where a policyholder settles with a primary insurer for less than the policy limits, and a Delaware bankruptcy court's modification of a settlement agreement between the policyholder and insurer.

This Simpson Thacher & Bartlett LLP memorandum discusses court decisions on the scope of bodily injury and advertising injury coverages in general liability policies. The memo also highlights cases involving the attorney-client and work product privileges, exhaustion requirements for excess insurance coverage and the use of credit scores in underwriting. It also covers court rulings allowing lawsuits against insurers for retirement benefits under ERISA and violations of California unfair competition laws.

This Simpson Thacher & Bartlett LLP memorandum discusses court decisions on applying pollution exclusions in non-traditional contexts, coverage under an additional insured provision, and the filed rate doctrine. It also analyzes rulings related to oral settlement agreements, subrogation to obtain a pro rata allocation of defense and settlement costs from a co-insurer, attorney-client privilege, and the meaning of the terms "accident" and "occurrence" in claims involving intentional crimes and faulty workmanship, respectively.

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.

This Simpson Thacher & Bartlett LLP memorandum discusses court decisions regarding directors & officers (D&O) insurance coverage, pollution exclusions in general liability policies, the nature and scope of arbitration awards, and the purchase and transfer of life insurance policies.

This Simpson Thacher & Bartlett LLP memorandum discusses developments related to the "follow the fortunes" doctrine in a reinsurance action; the filed rate doctrine in fraud claims against an insurance company; a claim that an insurance company fraudulently induced a policyholder to sign a settlement release; sanctions for e-discovery violations; work-product protections related to expert opinions; offsets under business interruption coverage for income earned by the policyholder; the impact of Rhode Island's direct action statute for claims against insurers of bankruptcy company to exhaustion requirements in excess policies; whether faulty manufacture where damages are "highly probable" constitutes an occurrence; the effect of a delayed reservation of rights on claims of bad faith and whether contribution and indemnity claims against a company in bankruptcy are barred by Bankruptcy Code section 502(e)(1)(B).

This Simpson Thacher & Bartlett LLP memorandum discusses court rulings on insurance topics including an insurer's duty to defend against claims related to contaminated baby bottles under the definition of "bodily injury" in general liability policies; whether a trial court must stay proceedings pending appeal of a denial of a motion to compel arbitration; the jurisdictional "amount in controversy" requirements of the Class Action Fairness Act of 2005 (CAFA); whether an insurer is entitled to reimbursement of defense costs expended under a reservation of rights after a judicial determination that the insurer is not obligated to defend and/or indemnify; whether exposures to asbestos may be considered a single occurrence under excess insurance policies; a policyholder’s claim for reimbursement of expenses incurred in remediating allegedly defective Chinese drywall under a comprehensive general liabiilty (CGL) policy; two waiver of privilege claims including whether disclosure of documents to an auditor constitutes waiver under Textron; and the application of New Jersey's fee-shifting statute to a coverage dispute in Illinois.

An Article highlighting the key points that in-house counsel should consider to maximize the value of their company's insurance coverage in connection with managing their litigation dockets.

This Simpson Thacher & Bartlett LLP memorandum discusses a ruling in a Delaware suit relating to the "number of occurrences" under an excess liability policy; a Fifth Circuit decision that allows the Comer climate change lawsuit to proceed; a Third Circuit ruling overruling its "accrual test" precedent for determining the existence of a claim in bankruptcy; a Virginia district court ruling applying a pollution exclusion and other policy exclusions to bar coverage for Chinese drywall-related claims; a California Supreme Court decision finding ambiguity in a liability policy containing an intentional acts exclusion and a separation-of-insureds provision; a judicial panel's refusal to transfer Chinese drywall insurance coverage disputes to a multidistrict litigation where the underlying cases are pending; two reinsurance decisions on the application of the "follow the settlements" doctrine; a Wisconsin Supreme Court ruling that an excess insurer's duty to defend is not conditioned upon exhaustion of policy limits; and a New York federal court decision on the forfeiture of the right to dispute attorneys' fees under the "account stated" doctrine.

This Simpson Thacher & Bartlett LLP memorandum discusses a recent lawsuit arising out of the Deepwater Horizon accident and resulting oil discharges in the Gulf of Mexico; a Georgia Supreme Court ruling regarding an insurer's right to withdraw from a policyholder's defense; two recent decisions addressing an insurer's right to seek reimbursement from co-insurers under theories of equitable subrogation and contribution; a decision enforcing an insurer's right to an appraisal of hurricane-related property damage; a federal court ruling regarding a directors and officers (D&O) insurer's obligation to pay executives' defense costs in connection with an IRS investigation; the Ninth Circuit's enforcement of a "Policy Territory" provision that limited coverage to occurrences that took place outside the US; the Florida Supreme Court's dismissal of a third-party bad faith action against an insurer; the Supreme Court's denial of certiorari in the Textron case on the scope of the work product privilege; the Second Circuit's determination that policyholder information is not entitled to "trade secret" or "confidential" protection; and a report by the New York State Unified Court System regarding electronic discovery.

This Kelley, Drye & Warren LLP memorandum discusses the various types of business interruption coverage available to businesses that have suffered as a result of volcanic ash, flooding, and the oil spill in the Gulf of Mexico.

This Simpson Thacher & Bartlett LLP memorandum discusses a US Supreme Court decision which holds that a class action may proceed in federal court despite a specific state law to the contrary; two recent "advertising injury" decisions; a decision relating to a directors and officers (D&O) insurer's obligation to advance defenses costs in connection with an alleged Ponzi scheme; a New York court ruling on the allocation period for asbestos claims; and an "occurrence" decision that focuses on a "location of occurrences" analysis.

This Skadden, Arps, Slate, Meagher & Flom LLP memorandum discusses the Patient Protection and Affordable Care Act and accompanying reconciliation act, which made major changes to federal health care fraud, abuse and compliance laws and requirements.

This Skadden, Arps, Slate, Meagher & Flom LLP memorandum discusses the most sweeping changes to the US health care system since the creation of Medicare and Medicaid, increasing the regulation and oversight of health insurance plans.

This Kelley, Drye & Warren LLP memorandum discusses recent cases finding coverage under comprehensive general liability (CGL) policies for costs incurred defending claims under the Telephone Consumer Protection Act (TCPA) against entities that fax unsolicited advertisements (blast faxes) to individuals and businesses.

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

The Islamic Financial Services Board (IFSB) has published for consultation exposure drafts on the standard on risk management for Islamic insurance (Takaful) undetakings and on the standard for revised capital adequacy for institutions offering Islasmic financial services.

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.

A Q&A guide to insurance and reinsurance in the United States. 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 United States. 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 Brazil. 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 Brazil. 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 China. 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 China. 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 Ireland. 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 Ireland. 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 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 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.

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 India. 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 India. 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 South Africa. 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 South Africa. To compare answers across multiple jurisdictions visit the Insurance and Reinsurance Country Q&A tool. 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 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.