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Rhode Island imposes readability standards for health insurance policies
  • Locke Lord LLP
  • USA
  • June 21 2010

Effective August 31, 2010, the Rhode Island Office of the Health Insurance Commissioner ("OHIC") will impose a readability requirement for all health insurance policies to be readable at the eighth grade level measured by the Flesch-Kincade formula


Circular letter regarding contract certainty issued for comment by the New York Insurance Department
  • Locke Lord LLP
  • USA
  • January 14 2010

The New York Insurance Department (the “Department”) recently issued a draft Supplement No. 1 to Circular Letter No. 20 (2008) (“CL No. 20”) regarding insurance contract certainty for propertycasualty insurance policies and reinsurance contracts


California appeals court affirms ruling that Section 28 tax does not apply to surplus lines insurers
  • Locke Lord LLP
  • USA
  • October 7 2010

On September 30, 2010, the California Court of Appeal for the Second Appellate District affirmed a superior court ruling that California Constitution Section 28 taxes do not apply to surplus lines insurers


D&O insurers face potential exposure on Deepwater Horizon claims
  • Locke Lord LLP
  • USA
  • August 13 2010

Media reports suggest that BP's D&O insurers could face significant exposure to claims stemming from the Deepwater Horizon disaster


NY lower court holds that Insurance Law 3420(a) applies to lawyer’s claims-made malpractice policy
  • Locke Lord LLP
  • USA
  • November 19 2009

The New York Supreme Court, Erie County, recently held that a lawyers’ professional liability policy constitutes a "policy or contract insuring against liability for injury to person" within the meaning of Insurance Law 3420(a)(3)-(4


“Bare averment” insufficient to maintain bad faith claim in New Jersey for underinsured-motorist benefits
  • Locke Lord LLP
  • USA
  • August 30 2010

A New Jersey federal judge dismissed a bad-faith claim for underinsured-motorist benefits, finding that Plaintiff's complaint lacked necessary factual support and did not rise above the level of "bare averment."


Massachusetts court says subrogation waiver can survive project completion
  • Locke Lord LLP
  • USA
  • September 7 2010

In a case of first impression, the Massachusetts Appeals Court has ruled that an insured's waiver of its carrier's subrogation rights can survive the completion of a construction project


Rhode Island federal court holds that direct action by third party claimant against excess insurer is barred where insured's bankruptcy prevents exhaustion of self-insured retention
  • Locke Lord LLP
  • USA
  • September 10 2010

The federal district court of Rhode Island recently held that a third-party claimant cannot bring a direct action against an excess insurer under Rhode Island's direct action statute even if the insured is bankrupt and cannot satisfy its self-insured retention


Wisconsin court: “negligent misrepresentation” claims by molestation victims against archdiocese are not covered under CGL policy
  • Locke Lord LLP
  • USA
  • December 28 2010

The Wisconsin Court of Appeals recently ruled that "negligent misrepresentation" claims against the Archdiocese of Milwaukee arising from alleged molestation by priests are not covered under the Archdiocese's CGL policy


Trust beneficiary has standing to sue life insurance carrier to collect policy benefits
  • Locke Lord LLP
  • USA
  • September 14 2009

The United States District Court for the Eastern District of Wisconsin recently held that a beneficiary of a trust has standing to sue the life insurance carrier to collect policy benefits on an accidental death policy