A collection of law firm publications and PLC resources discussing issues relevant to insurance. To view the full suite of PLC Law Department resources across 18 practice areas, simply visit our homepage.
| Title | Resource Type | Date | |
| 1 | Wiley Rein: When Other Insurance Provisions Conflict ... 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. | Articles | 24-Jan-2013 |
| 2 | Wiley Rein: Under California Law, Medical Malpractice ... 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. | Articles | 15-Jun-2012 |
| 3 | Wiley Rein: Triggering the Duty to Defend Additional Insureds ... 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. | Articles | 07-Jun-2012 |
| 4 | Wiley Rein: Settlement of RICO Claims Not Uninsurable as a ... This Law Firm Publication by Wiley Rein LLP discusses Regence Grp. v. TIG Specialty Ins. Co., 2012 WL 4897370 (D. Or. Oct. 12, 2012). In this case before the US District Court for the District of Oregon, the court held that under Oregon law a settlement of Racketeer Influenced and Corrupt Organizations Act claims was not uninsurable as a matter of law because the settlement did not necessarily establish that the insureds had engaged in intentional conduct. The publication discusses the case's factual background and the court's ultimate legal holdings. | Articles | 24-Oct-2012 |
| 5 | Wiley Rein: Retroactive Date Precludes Coverage Despite ... 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. | Articles | 11-Jul-2012 |
| 6 | Wiley Rein: Priority of Payments Provision Allows Insurer to ... 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. | Articles | 25-Oct-2012 |
| 7 | Wiley Rein: Prior Proceeding Exclusion Does Not Bar ... 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. | Articles | 09-Apr-2012 |
| 8 | Wiley Rein: Prior Notice Exclusion Does Not Bar Coverage ... 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. | Articles | 15-Feb-2013 |
| 9 | Wiley Rein: Pre-Suit Demand for Services Constitutes "Claim" This Law Firm Publication by Wiley Rein LLP discusses Philadelphia Indem. Ins. Co. v. AGCO Corp., 2012 WL 1005030 (N.D.Ga. Mar. 23, 2012), a case where the US District Court for the Northern District of Georgia held that a pre-suit letter from a claimant to an insured, which demanded the insured resume certain suspended services and threatened legal action, was a claim. The publication discusses the case's factual background and the court's legal holdings. | Articles | 06-Apr-2012 |
| 10 | Wiley Rein: Policy Voided Where Insured Concealed ... This Law Firm Publication by Wiley Rein LLP discusses Perkins v. Am. Int’l Specialty Lines Ins. Co., 2012 WL 2105908 (Bankr. N.D. Ga. Apr. 3, 2012). In this case before the US Bankruptcy Court for the Northern District of Georgia, the court voided a surplus lines policy on the grounds that the insured, a purported hedge fund management firm, concealed that it was operating a Ponzi scheme, submitted an inaccurate financial statement, and misrepresented that its investment funds were stable. The publication discusses the factual background of the case and the court's ultimate legal holdings. | Articles | 19-Jun-2012 |
| 11 | Wiley Rein: Payment for Settlement of Restitution Claim Is Not ... This Law Firm Publication by Wiley Rein LLP discusses the factual background and the court's legal holdings in Ryerson Inc. v. Fed. Ins. Co., No. 09 C 4173 (7th Cir. Apr. 12, 2012). In this case, the US Court of Appeals for the Seventh Circuit held that an insured's payment to resolve allegations that the insured fraudulently induced the purchase of its subsidiary at an artificially inflated price did not constitute an insurable loss under Illinois law. | Articles | 23-Apr-2012 |
| 12 | Wiley Rein: No Estoppel Because Excess Insurer Has No Duty ... This Law Firm Publication by Wiley Rein LLP discusses TIG Ins. Co. v. Tyco Int’l Ltd., Civil Action No. 3:08-CV-1584, 2013 WL 249973 (M.D. Pa. Jan. 23, 2013). In this case before the US District Court for the Middle District of Pennsylvania, the court held that an excess insurer need not reserve rights in the absence of a duty to defend and therefore the excess insurer was not estopped from denying coverage despite its failure to issue a coverage letter until five years after first receiving notice of the claims. The publication discusses the case's factual background and the court's ultimate legal holdings. | Articles | 15-Feb-2013 |
| 13 | Wiley Rein: Late Notice, Claims-First-Made and ... 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. | Articles | 18-Jun-2012 |
| 14 | Wiley Rein: Insurer's Reservation of Rights Does Not ... This Law Firm Publication by Wiley Rein LLP discusses Downhole Navigator, L.L.C. v. Nautilus Ins. Co., 2012 WL 2477846 (5th Cir. June 29, 2012). In this case before the US Court of Appeals for the Fifth Circuit, the court held that under Texas law, an insurer's reservation of rights does not create a conflict of interest that would give rise to an insured's right to independent counsel where the adjudicated facts in the underlying action are not the same facts upon which coverage depends. The publication discusses the case's factual background and the court's ultimate legal holdings. | Articles | 13-Jul-2012 |
| 15 | Wiley Rein: Insurer Must Demonstrate Insured's Subjective ... 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. | Articles | 03-Jul-2012 |
| 16 | Wiley Rein: FIRREA Bars Insurer's Counterclaims for ... This Law Firm Publication by Wiley Rein LLP discusses FDIC v. OneBeacon Midwest Insurance Company, 2012 WL 2814393 (N.D. Ill. July 10, 2012). In this case before the US District Court for the Northern District of Illinois, the court held that the Financial Institutions Reform, Recovery and Enforcement Act of 1989 prevented it from considering claims that would restrain or affect the FDIC's powers. The court dismissed an insurer's counterclaims against the FDIC for rescission and declaratory judgment related to a fidelity bond and a D&O insurance policy issued to a defunct bank. The publication discusses the case's factual background and the court's ultimate legal holdings. | Articles | 26-Jul-2012 |
| 17 | Wiley Rein: Fifth Circuit Affirms Insurer's Right to Select ... 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. | Articles | 16-Oct-2012 |
| 18 | Wiley Rein: Federal Court Abstains from Hearing Coverage ... 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. | Articles | 03-Oct-2012 |
| 19 | Wiley Rein: Despite Insurer's Breach of Duty to Defend, State ... 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. | Articles | 13-Apr-2012 |
| 20 | Wiley Rein: Court Finds That A Demand To Fulfill A Contract Is ... 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. | Articles | 21-Jun-2012 |
| 21 | Wiley Rein: Claims for Restitutionary Relief Held Uninsurable 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. | Articles | 30-Jul-2012 |
| 22 | Wiley Rein: California Statute Limiting Defense Costs Does ... This Law Firm Publication by Wiley Rein LLP discusses Browne George Ross LLP v. Lexington Ins. Co., No. 2:10-cv-02148-SVW-PLA (C.D. Cal. May 29, 2012). In this case before the US District Court for the Central District of California, the court held that if a plaintiff is able to establish that its insurer breached the duty to defend by denying coverage, the insurer cannot limit the plaintiff's recovery for attorneys' fees under section 2860 of the California Civil Code. The publication discusses the factual background of the case and the court's ultimate legal holdings. | Articles | 15-Jun-2012 |
| 23 | Wiley Rein: Burden on Insurer to Prove Insured's Prior ... This Law Firm Publication by Wiley Rein LLP discusses Foster v. Westchester Fire Ins. Co., 2012 WL 2402895 (W.D. Pa. June 26, 2012). In this case before the US District Court for the Western District of Pennsylvania, the court held that under Pennsylvania law, an insurer has the burden of proof on whether at the inception of the policy an insured has a reasonable basis to believe that an act or omission might result in a professional liability claim. The publication discusses the case's factual background and the court's ultimate legal holdings. | Articles | 03-Jul-2012 |
| 24 | Wiley Rein: "Voluntary Payments" Doctrine Inapplicable ... 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. | Articles | 05-Oct-2012 |
| 25 | What's Market: M&A Agreements in the Insurance Industry 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. | Practice Notes | 31-Mar-2013 |
| 26 | The new UK regulatory landscape: what does it mean for the ... This chapter considers the new regulatory regime for the insurance sector in the UK, which is expected to come into force in 2013. It provides an overview of: the old regime, including its characteristics and alleged failures; an overview of the reform proposals, including the splitting of the functions of the FSA between the FCA and the PRA; the regulatory objectives of the reform, including the supervisory approach of the PRA and the interventionist approach of the FCA; detailed aspects of the reforms; the new emphasis on the wholesale markets; and the crucial importance of behavioural and cultural change for the reforms to have their effect. 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. | Country Q&A | 01-Jan-2012 |
| 27 | The new reinsurance regulatory framework in Argentina 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. | Country Q&A | 01-Jan-2012 |
| 28 | Standstill Agreement and Covenant Not to Sue (Tolling ... 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. | Standard Documents | Maintained |
| 29 | Solvency II and the regulation of insurance across Europe ... 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. | Practice Notes | 08-Feb-2010 |
| 30 | Skadden: Unclaimed Property Compliance and Its Impact on ... 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. | Articles | 23-Jul-2012 |
| 31 | Skadden: Sweeping Health Care Reform Becomes Law 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. | Articles | 24-Mar-2010 |
| 32 | Skadden: HHS to Strengthen the HIPAA Privacy and Security ... 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). | Articles | 28-Jul-2010 |
| 33 | Skadden: Health Care Reform Legislation Includes Major ... 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. | Articles | 06-Apr-2010 |
| 34 | Skadden: Final Health Care Reform Package Makes ... 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. | Articles | 29-Mar-2010 |
| 35 | Skadden: Commentary on the Dodd-Frank Act: Insurance 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. | Articles | 09-Jul-2010 |
| 36 | Simpson Thacher: Medical Monitoring and General Liability ... 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. | Articles | 30-Sep-2010 |
| 37 | Simpson Thacher: Insurance Law Alert, September 2011 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. | Articles | 16-Sep-2011 |
| 38 | Simpson Thacher: Insurance Law Alert, September 2010 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. | Articles | 20-Sep-2010 |
| 39 | Simpson Thacher: Insurance Law Alert, October 2012 This Law Firm Publication by Simpson Thacher & Bartlett LLP discusses recent decisions, including decisions relating to a first-party bad faith claim, advertising injury coverage for fax blasting claims and the scope of coverage for employee theft under a fidelity policy. This publication also discusses the Supreme Court's pending review of whether a plaintiff can avoid removal under the Class Action Fairness Act by stipulating to damages that are less than the minimum amount in controversy required under the Act. | Articles | 01-Oct-2012 |
| 40 | Simpson Thacher: Insurance Law Alert, October 2011 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. | Articles | 11-Oct-2011 |
| 41 | Simpson Thacher: Insurance Law Alert, October 2010 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). | Articles | 08-Oct-2010 |
| 42 | Simpson Thacher: Insurance Law Alert, November 2011 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. | Articles | 03-Nov-2011 |
| 43 | Simpson Thacher: Insurance Law Alert, May 2011 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. | Articles | 05-May-2011 |
| 44 | Simpson Thacher: Insurance Law Alert, May 2010 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. | Articles | 06-May-2010 |
| 45 | Simpson Thacher: Insurance Law Alert, March 2011 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. | Articles | 08-Mar-2011 |
| 46 | Simpson Thacher: Insurance Law Alert, June 2012 This Law Firm Publication by Simpson Thacher & Bartlett LLP discusses recent decisions, including decisions relating to a non-settling insurerer's right to seek contribution from a settling insurer, the validity of a new exclusion in a renewal policy, and the scope of D&O coverage for acts performed by an insured executive in his personal capacity. This publication also discusses three noteworthy decisions relating to the duty to defend. | Articles | 11-Jun-2012 |
| 47 | Simpson Thacher: Insurance Law Alert, June 2011 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. | Articles | 03-Jun-2011 |
| 48 | Simpson Thacher: Insurance Law Alert, June 2010 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. | Articles | 03-Jun-2010 |
| 49 | Simpson Thacher: Insurance Law Alert, July/August 2012 This Law Firm Publication by Simpson Thacher & Bartlett LLP discusses recent decisions, including decisions relating to an insurer's duty to settle, rescission of a policy based on a policyholder's misrepresentations, late notice, and the "Insured v. Insured" exclusion in a D&O policy. This publication also discusses a ruling relating to a “no-transfer” clause and a Fourth Circuit preemption decision. | Articles | 02-Jul-2012 |
| 50 | Simpson Thacher: Insurance Law Alert, July/August 2011 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. | Articles | 26-Jul-2011 |
| 51 | Simpson Thacher: Insurance Law Alert, July/August 2010 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. | Articles | 16-Jul-2010 |
| 52 | Simpson Thacher: Insurance Law Alert, January 2013 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. | Articles | 15-Jan-2013 |
| 53 | Simpson Thacher: Insurance Law Alert, January 2012 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. | Articles | 11-Jan-2012 |
| 54 | Simpson Thacher: Insurance Law Alert, January 2011 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. | Articles | 07-Jan-2011 |
| 55 | Simpson Thacher: Insurance Law Alert, December 2012 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. | Articles | 11-Dec-2012 |
| 56 | Simpson Thacher: Insurance Law Alert, December 2011 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. | Articles | 14-Dec-2011 |
| 57 | Simpson Thacher: Insurance Law Alert, December 2010 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. | Articles | 10-Dec-2010 |
| 58 | Simpson Thacher: Insurance Law Alert, April 2012 This Law Firm Publication by Simpson Thacher & Bartlett LLP discusses recent court decisions related to an insurer's late notice defense, the scope of absolute pollution and contractual liability exclusions, and the definition of "occurrence." This publication also discusses rulings regarding a broker's disclosure obligations and the right of a subrogated insurer to enforce an arbitration clause. Finally, this publication highlights a reinsurance ruling and a recent U.K. Supreme Court trigger decision. | Articles | 09-Apr-2012 |
| 59 | Simpson Thacher: Insurance Law Alert, April 2011 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. | Articles | 05-Apr-2011 |
| 60 | Simpson Thacher: Insurance Law Alert, April 2010 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. | Articles | 05-Apr-2010 |
| 61 | Simpson Thacher: Business Interruption Insurance in the ... 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. | Articles | 25-May-2010 |
| 62 | Notice of Claim: Occurrence-based Policy 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. | Standard Documents | Maintained |
| 63 | Notice of Claim: Claims-made Policy 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. | Standard Documents | Maintained |
| 64 | Minimizing Litigation Costs by Maximizing the Value of ... 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. | Articles | 30-Jul-2010 |
| 65 | Kelley Drye: Recent Decisions Find in Favor of Insurance ... 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. | Articles | 09-Feb-2010 |
| 66 | Kelley Drye: Ninth Circuit Finds Coverage For Patent Claims ... 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. | Articles | 13-Apr-2010 |
| 67 | Kelley Drye: New York Court of Appeals Decision Could Give ... 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. | Articles | 22-Nov-2010 |
| 68 | Kelley Drye: IRS Issues Guidance on Dependent Coverage ... 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. | Articles | 06-May-2010 |
| 69 | Kelley Drye: Insurance Coverage May Be Available For ... 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. | Articles | 13-May-2010 |
| 70 | Insurance Policies and Coverage: Overview This Note discusses key components of an insurance policy and insurance coverage, focusing on layers, types of and tests for coverage. | Practice Note: Overview | Maintained |
| 71 | Insurance Policies and Coverage Toolkit Resources to assist policyholders understand key issues of insurance coverage and recovery. | Toolkits | Maintained |
| 72 | Insurance Bad Faith Law 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. | Practice Notes | Maintained |
| 73 | Insurance and reinsurance in Turkey: overview A Q&A guide to insurance and reinsurance law in Turkey. 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 Turkey. 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. | Country Q&A | 01-Nov-2012 |
| 74 | Insurance and reinsurance in the United States: overview 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. | Country Q&A | 01-Jun-2013 |
| 75 | Insurance and reinsurance in the United Arab Emirates ... 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. | Country Q&A | 01-Jan-2012 |
| 76 | Insurance and reinsurance in the UK (England and Wales) ... A Q&A guide to insurance and reinsurance law in the UK (England and Wales). 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 UK (England and Wales). 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. | Country Q&A | 01-Jan-2012 |
| 77 | Insurance and reinsurance in the Russian Federation ... A Q&A guide to insurance and reinsurance law in the Russian Federation. 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 Russian Federation. 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. | Country Q&A | 01-May-2013 |
| 78 | Insurance and reinsurance in the British Virgin Islands ... 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. | Country Q&A | 01-Jan-2012 |
| 79 | Insurance and reinsurance in Switzerland: overview A Q&A guide to insurance and reinsurance law in Switzerland. 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 Switzerland. 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. | Articles | 01-Jan-2012 |
| 80 | Insurance and reinsurance in Sweden: overview 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. | Country Q&A | 01-Jan-2012 |
| 81 | Insurance and reinsurance in South Korea: overview 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. | Country Q&A | 01-Nov-2012 |
| 82 | Insurance and reinsurance in South Africa: overview 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. | Country Q&A | 01-Jan-2012 |
| 83 | Insurance and reinsurance in Mexico: overview 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. | Country Q&A | 01-May-2013 |
| 84 | Insurance and reinsurance in Japan: overview 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. | Country Q&A | 01-May-2013 |
| 85 | Insurance and reinsurance in Italy: overview 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. | Country Q&A | 01-Jan-2012 |
| 86 | Insurance and reinsurance in Ireland: overview 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. | Country Q&A | 01-May-2013 |
| 87 | Insurance and reinsurance in Indonesia: overview A Q&A guide to insurance and reinsurance in Indonesia. 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 Indonesia. 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. | Country Q&A | 01-May-2013 |
| 88 | Insurance and reinsurance in India: overview 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. | Country Q&A | 01-Jan-2012 |
| 89 | Insurance and reinsurance in Hong Kong: overview A Q&A guide to insurance and reinsurance law in Hong Kong. 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 Hong Kong. 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. | Articles | 01-Jun-2013 |
| 90 | Insurance and reinsurance in Germany: overview 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. | Country Q&A | 01-Jun-2013 |
| 91 | Insurance and reinsurance in France: overview 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. | Country Q&A | 01-Jan-2012 |
| 92 | Insurance and reinsurance in Finland: overview 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. | Articles | 01-Jun-2013 |
| 93 | Insurance and reinsurance in China: overview 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. | Country Q&A | 01-May-2013 |
| 94 | Insurance and reinsurance in Canada: overview 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. | Country Q&A | 01-May-2013 |
| 95 | Insurance and reinsurance in Brazil: overview 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. | Country Q&A | 01-May-2013 |
| 96 | Insurance and reinsurance in Belgium: overview 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. | Country Q&A | 01-Jan-2012 |
| 97 | Insurance and reinsurance in Austria: overview A Q&A guide to insurance and reinsurance law in Austria. 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 Austria. 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. | Country Q&A | 01-Jan-2012 |
| 98 | Insurance and reinsurance in Australia: overview 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. | Country Q&A | 01-Jan-2012 |
| 99 | Insurance and reinsurance in Argentina: overview A Q&A guide to insurance and reinsurance law in Argentina. 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 Argentina. 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. | Country Q&A | 01-May-2013 |
| 100 | Insurance and reinsurance country Q&A tool This tool enables subscribers to search the Country Q&A in the Insurance and Reinsurance multi jurisdictional guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button. | Articles | 01-Jan-2012 |
| 101 | IFSB consults on risk management for Islamic 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. | Legal Update: archive | 01-Nov-2012 |
| 102 | First-party Property Insurance Policies This Note discusses commercial first-party property insurance policies by focusing on key terms, provisions and exclusions. | Practice Notes | Maintained |
| 103 | Filing a Claim under a Property Insurance Policy Checklist 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. | Checklists | Maintained |
| 104 | ERISA Bonding Requirements This Note provides a basic overview of the bonding requirements under the Employee Retirement Income Security Act of 1974 (ERISA). | Practice Notes | Maintained |
| 105 | Directors and Officers Liability Insurance Policies This Note discusses directors and officers liability (D&O) insurance, focusing on key types of D&O insurance coverage, policy terms, conditions and exclusions. | Practice Notes | Maintained |
| 106 | D&O Insurance: The Latest Trends A review of the current market for D&O insurance covering premiums, exclusions and bankruptcy related provisions. | Articles | 16-Oct-2009 |
| 107 | Choosing a D&O Insurance Carrier Checklist A checklist of important questions and issues to consider when choosing an insurance carrier for D&O insurance. | Articles | 16-Apr-2009 |
| 108 | 15 Questions You Should Ask Before Buying D&O Insurance An Article outlining important questions to consider before buying (or advising your client on buying) D&O insurance. | Articles | 26-Aug-2010 |
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