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Contra Proferentem principle applies to ambiguous questions in proposal form

Edwards Wildman Palmer LLP
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United Kingdom
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October 13 2009

The High Court's decision in R&R Development Ltd v AXA Insurance UK Plc 2009 EWHC 2424 (Ch) concerned the issue of whether ambiguous questions in a proposal form for a contract of insurance could be construed by following the Contra Proferentem principle without the need for the court to decide upon the correct interpretation of the questions

Insurance business transfer approved by court as not improper or unfair to policyholders

Edwards Wildman Palmer LLP
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United Kingdom
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October 30 2009

On 16 October 2009, Mr Justice Norris released his reasoning for sanctioning the transfer of the long-term insurance business of Commercial Union Life Assurance Company Limited (Commercial Union), CGNU Life Assurance Limited (CGNU) and Norwich Union Life (RBS) Limited (Norwich Union) to Aviva Life & Pensions UK Limited (Aviva) under Part VII of the Financial Services and Markets Act 2000 (FSMA

Mexican regulator reminds market that purchase of foreign insurance from within Mexico is illegal, with possible punishment including fines and jail time

Edwards Wildman Palmer LLP
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Mexico
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September 23 2009

Eduardo Iturriaga, Director General of Mexico’s insurance regulator, the Comision Nacional de Seguros y Fianzas, recently reminded the market that purchasing foreign insurance from within Mexico is both a violation of the insurance law and a criminal offense that can carry penalties of a fine between 200 and 2,000 days' salary and a prison sentence of between 3 and 10 years

Connecticut Superior Court grants summary judgment for insurer in lawsuit involving uninsured motor vehicle claim and common law and statutory bad faith claims

Edwards Wildman Palmer LLP
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USA
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September 28 2009

An insurer represented by Edwards Angell Palmer & Dodge attorneys John Hughes and Julia Ulrich was recently granted summary judgment by the Connecticut Superior Court in a lawsuit involving a claim for uninsured motorist coverage, and also alleging common law and statutory bad faith against the insurer

SFC clarifies the licensing requirements for the promotion, offering or sale of ILAS to the public

Edwards Wildman Palmer LLP
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Hong Kong
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October 16 2009

The Hong Kong Securities and Futures Commission ("SFC") recently issued a circular clarifying that insurers, corporate insurance brokers and individual insurance intermediaries are not required or permitted to be licensed by the SFC under the provisions of the Securities and Futures Ordinance ("SFO") (Chapter 571 of the Laws of Hong Kong) to engage in promoting, offering or selling investment linked assurance schemes ("ILAS") to the Hong Kong public (the "Circular"

The Bermuda Monetary Authority proposes introducing group-wide supervision in further move towards Solvency II equivalence

Edwards Wildman Palmer LLP
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Bermuda
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March 3 2010

The Bermuda Monetary Authority (the BMA) published a consultation paper on 5 February 2010 entitled "Consultation Paper on The Bermuda Monetary Authority's Proposed Insurance Groups Regulatory Framework" (the Paper

Washington District Court awards attorney’s fees incurred by insured’s subrogee in establishing coverage

Edwards Wildman Palmer LLP
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USA
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November 2 2009

A Washington District Court recently awarded an insured’s subrogee all attorney’s fees incurred at all levels of coverage litigation in establishing entitlement to coverage

Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims

Edwards Wildman Palmer LLP
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United Kingdom
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November 10 2009

In Sienkiewicz v Greif (UK) Ltd, the Court of Appeal considered the combined effect of the House of Lords' decisions in Fairchild v Glenhaven Funeral Services and Barker v Corus and section 3 of the Compensation Act 2006 on liability for mesothelioma claims

House passes surplus lines and reinsurance reform bill

Edwards Wildman Palmer LLP
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USA
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September 10 2009

On September 9, 2009, the U.S. House of Representatives passed the Non-admitted and Reinsurance Reform Act of 2009, H.R. 2571 (the “NRRA”), marking the third time the House has passed a version of the NRRA

AIRROC launches expedited binding arbitration procedure for small claims

Edwards Wildman Palmer LLP
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USA
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October 9 2009

The Association of Insurance and Reinsurance Run-Off Companies ("AIRROC") has announced the formal launch of the Dispute Resolution Procedure ("DRP"), an expedited binding arbitration procedure especially designed for small and less-complicated claims

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Search results

Contra Proferentem principle applies to ambiguous questions in proposal form

Insurance business transfer approved by court as not improper or unfair to policyholders

Mexican regulator reminds market that purchase of foreign insurance from within Mexico is illegal, with possible punishment including fines and jail time

Connecticut Superior Court grants summary judgment for insurer in lawsuit involving uninsured motor vehicle claim and common law and statutory bad faith claims

SFC clarifies the licensing requirements for the promotion, offering or sale of ILAS to the public

The Bermuda Monetary Authority proposes introducing group-wide supervision in further move towards Solvency II equivalence

Washington District Court awards attorney’s fees incurred by insured’s subrogee in establishing coverage

Court of Appeal decision demonstrates the wide applicability of the "Fairchild" exception for mesothelioma claims

House passes surplus lines and reinsurance reform bill

AIRROC launches expedited binding arbitration procedure for small claims

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