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Texas to hold public hearing regarding use of discretionary clauses in insurance contracts

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 3 2009

The Texas Department of Insurance ("TDI") has planned a public hearing for Wednesday, December 9, 2009, on whether the TDI should adopt a rule banning the use of discretionary clauses in insurance contracts

New York State Court denies motion to compel discovery of reinsurance and reserve information

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 29 2010

In Mt. McKinley Ins. Co. v. Corning Inc., 2010 NY Slip Op 20235 (N.Y. Sup. Ct. June 14, 2010), an insured (“Corning”) moved to compel discovery of reinsurance and reserve information from its insurers, arguing that this information was relevant, material and necessary to its coverage claim

Connecticut District Court: insurer's default judgment does not necessarily preclude litigation in subrogation action

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 12 2010

A Connecticut District Court recently held that plaintiffs, who brought a subrogation action to recover a judgment entered in their favor in an underlying legal malpractice action against their attorneys, were entitled to litigate coverage issues even though the attorneys' insurer obtained a default judgment against the attorneys in a separate coverage action

Proposed changes for home health & skilled nursing facilities

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 26 2010

On July 16, CMS issued a proposed rule that would amount to a $900 million reduction to home health agencies

Congress approves another short-term extension of the NFIP through February 28, 2010

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 22 2009

Congress recently approved another short-term extension of The National Flood Insurance Program ("NFIP") through February 28, 2010

Plus D&O symposium: morning session I

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 3 2010

During a discussion on the state of securities litigation, a panel comprised of prominent securities litigators discussed trends in securities class actions and legislation that is on the horizon

OGC opinion: Insurance Law 3420 also applies to claims-made policies

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 30 2009

The New York Insurance Department’s (“NYID”) Office of General Counsel (“OGC”) recently issued an OGC Opinion (No. 09-06-08) representing the position of the NYID in respect of four distinct queries regarding the recent amendment to Insurance Law 3420, which we have closely followed and written about in this blog

District of Columbia appoints new Commissioner

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 2 2009

On August 28, 2009, the District of Columbia Department of Insurance, Securities and Banking (“DISB”) issued a press release announcing that Thomas E. Hampton has stepped down as Commissioner of the DISB

New Jersey releases proposed rule and notice of pre-proposal for disclosure of producer compensation for sales of health insurance policies

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 21 2009

The New Jersey Department of Banking and Insurance (the “Department”) released a draft rule, N.J.A.C. 11:17B-4 (PRN 2009-242) (the “Proposed Rule”), setting forth the specific requirements of N.J.S.A. 17:22A-41.1

Court finds that arbitration award is not final for purposes of review under the FAA

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 15 2009

Petitioners Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (“Mitsubishi”) moved to vacate a partial arbitration award entered by the International Centre for Dispute Resolution in favor of Respondent Stone & Webster, Inc. (“Stone & Webster”