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NY court: insured may recover consequential damages absent insurer bad faith
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 23 2009
On December 15, 2009, New York's Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer's breach of the policy
Unscrambling the Gramm-Leach-Bliley omelet
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 23 2009
Sen. John McCain, R-Arizona, and Sen. Maria Cantwell, D-Washington, proposed on December 16, 2009 rebuilding the barriers separating commercial banks, investment banks and insurers established under the Depression Era Glass-Steagall Act
Court examines duty to defend funeral homes accused of participation in organ harvesting
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 23 2009
A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme
Partial repeal of McCarran-Ferguson Act dropped from Senate Health Reform Bill
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 21 2009
Media reports indicate that Senator Patrick Leahy’s (D-VT) amendment to repeal the antitrust exemption under the McCarran-Ferguson Act for health insurers and medical malpractice insurers, has been removed from the latest version of the Patient Protection and Affordable Care Act (H.R. 3590
Repeal of antitrust exemption gains traction as House and Senate Democrats reconcile healthcare reform bills
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 8 2010
U.S. House Representatives Peter DeFazio, (D-OR) and Gene Taylor (D-MS) drafted a letter to House Speaker Nancy Pelosi (D-CA) in support of repealing the antitrust exemption under the McCarran Ferguson Act for health insurers and medical liability insurers
Massachusetts Attorney General issues report stating managed competition of auto insurance has failed
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 8 2010
At the end of December 2009, Massachusetts Attorney General Martha Coakley released a comprehensive report criticizing Massachusetts managed competition system for the deregulation of auto insurance
In private letter ruling, IRS says captive reinsurance of fronted pools is “insurance” for tax purposes
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 4 2010
The Internal Revenue Service (IRS) issued a private letter ruling on December 11, 2009, resolving a taxpayer’s question as to whether its business as a captive reinsurer is "insurance" for tax purposes
Third Circuit holds that professional services exclusion in general liability policy applies to all allegations arising out of architect’s work and insurers had no duty to defend
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 6 2010
The Court of Appeals for the Third Circuit, applying New Jersey law, recently held that all claims against an insured architectural firm arising out of the firm’s architectural work on a parking garage that later collapsed are not covered under its general liability policies due to professional services exclusions
What Dodd’s retirement may mean for financial regulatory overhaul
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 8 2010
Wednesday’s announcement that Senate Banking, Housing and Urban Affairs Committee Chairman Christopher Dodd (D-CT) will retire and not seek reelection in 2010 will surely have an impact on the large-scale financial regulatory overhaul effort he is currently shepherding through the Committee
Chinese drywall judicial panel on multi-district litigation rules that insurance coverage matter should not be transferred to Chinese drywall MDL proceedings
- Edwards Wildman Palmer LLP
- -
- USA
- -
- December 30 2009
On December 2, 2009 the Judicial Panel on Multi-District Litigation (“JPML”) rejected efforts to transfer an insurance coverage action to the federal Chinese Drywall Multi-District Litigation (“MDL”) pending in the Eastern District of Louisiana
Current Search
- Workarea - Insurance & Reinsurance
- Author - Brian Green
- Author - M Machua Millett
- Author - Victoria Anderson
- Jurisdiction - USA