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California Supreme Court expands fraud exception to the parol evidence rule, eliminating significant barrier to claims of promissory fraud against insurers

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • February 28 2013

Last month, the California Supreme Court overruled longstanding precedent and restored to full force the fraud exception to California's parol

Important court decision for no-fault insurers: federal court rejects limitation on State Farm v. Mallela

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • January 9 2013

Specifically, on January 7, 2013, in the case of Allstate Ins. Co. v. Elzanaty, the United States District Court for the Eastern District of New York

Privatizing health insurance companies for anti-fraud enforcement

  • LeClairRyan
  • -
  • USA
  • -
  • January 7 2013

The federal government faces overwhelming challenges in trying to stem the tide of fraud in the health care system. The problem is massive, and even with

CIFG sues Bank of America over RMBS insurance policies

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • December 3 2012

On November 20, CIFG sued Bank of America in Supreme Court for the State of New York concerning five financial guaranty policies issued in connection with two structured transactions backed by 22 RMBS

Intentional acts, professional services exclusions bar coverage for RICO suits

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 13 2012

The United States District Court in Colorado has held that an intentional acts exclusion barred coverage under a professional liability policy for claims against a policyholder’s employees for violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act

Settlement of RICO claims not uninsurable as a matter of law, and bad faith claim allowed by virtue of "special relationship" between insurer and insureds

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 24 2012

Applying Oregon law, the United States District Court for the District of Oregon has held that a settlement of Racketeer Influenced and Corrupt Organizations (RICO) 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 financial industry: ignoring corruption enforcement risks

  • LeClairRyan
  • -
  • USA
  • -
  • October 23 2012

The old English proverb, “You can lead a horse to water but you can’t make it drink,” is particularly apt when you think of the financial industry and corruption compliance

New York court dismisses Madoff claim against investment advisors & fund managers

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 16 2012

A New York State trial court recently dismissed claims by the holders of variable life insurance policies, some of whose excess cash value was invested with Bernard Madoff’s securities firm, against various investment advisors and hedge fund managers

Court denies dismissal of putative class action alleging kickbacks accepted by lender via its captive reinsurer

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 27 2012

A breach of contract claim survived dismissal in a potential class action lawsuit by homeowners against a mortgage lender for alleged kickbacks obtained when the lender required the homeowners to pay for force-placed insurance (FPI) on mortgaged properties

FinCEN E-Filing reminder

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • September 17 2012

On September 13th, FinCEN advised that the BSA E-Filing system is now functioning properly and it has begun an initiative to contact those institutions that are continuing to file FinCEN reports in paper format

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