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Locke Lord LLP | USA | 25 Jan 2011

New York appeals court dismisses suit against MBIA Inc. over bond insurer’s financial restructuring

A New York appeals court recently dismissed one of two lawsuits filed against MBIA Inc. (“MBIA”) by more than a dozen major financial institutions concerning the bond insurer’s financial restructuring.

Article

Locke Lord LLP | USA | 25 Jan 2011

FTC requests comment on privacy framework

The Federal Trade Commission (the "FTC") recently released a preliminary staff report entitled Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers, proposing a normative framework for company protection of consumers' privacy (the "Proposed Framework").

Article

Locke Lord LLP | USA | 24 Jan 2011

New Massachusetts law permits property carriers to exclude terrorism-caused fire loss

Massachusetts Governor Deval Patrick has signed H.960 into law.

Article

Locke Lord LLP | USA | 24 Jan 2011

Healthcare news from Capitol Hill and the Department of Health and Human Services - January 24, 2011

On January 7, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule to establish a value-based purchasing (VBP) program to reward hospitals for providing safe, high-quality care.

Article

Locke Lord LLP | USA | 21 Jan 2011

SEC and US Attorney accuse Costa Rican life insurance bond company of $670 million fraud

Both the Securities and Exchange Commission and the U.S. Attorney's Office have brought actions against Costa Rica-based Provident Capital Indemnity, LTD, an insurance and reinsurance company that purported to provide bonds guaranteeing life insurance settlements, but was instead allegedly perpetrating a $670 million fraudulent scheme.

Article

Locke Lord LLP | USA | 21 Jan 2011

Second Circuit denies cedent's motion for a rehearing in follow the fortunes case

We recently blogged about the Second Circuit's decision in Arrowood Surplus Lines Ins. Co. v. Westport Ins. Corp., No. 10-cv-0397 (2d Cir. 2010), in which an appellate panel held that a reinsurer had no obligation to indemnify its cedent for losses outside the scope of the treaty at issue.

Article

Locke Lord LLP | European Union | 20 Jan 2011

European Insurance and Occupational Pensions Authority (EIOPA) launched

The European Insurance and Occupational Pensions Authority (EIOPA) held its first meeting on 10 January 2010 and promptly elected its management board and selected Gabriel Bernardino as its first Chairperson.

Article

Locke Lord LLP | United Kingdom | 20 Jan 2011

OFT competition investigation results in formal commitments from motor insurers to limit data exchange

The UK Office of Fair Trading (OFT) announced on 13 January 2011 that seven insurance companies (Ageas Insurance Limited (formally Fortis Insurance Limited), Aviva plc, AXA Insurance UK plc, Liverpool Victoria Friendly Society, RBS Insurance Group Limited, Royal Sun Alliance and Zurich Insurance plc), and two IT software and service providers (Experian Limited and SSP Limited) have offered formal commitments to limit the type of information shared through a specialist market analysis tool.

Article

Locke Lord LLP | USA | 19 Jan 2011

New York federal judge provides interesting insights regarding arbitration and “manifest disregard of the law"

In Goldman Sachs Execution & Clearing, L.P. v. The Official Unsecured Creditors' Committee of Bayou Group, LLC, et al., Slip Copy, 2010 WL 4877847 (S.D.N.Y. 2010), the court denied petitioner’s motion to vacate a $20.580 million award obtained in a FINRA arbitration by The Official Unsecured Creditors' Committee of Bayou Group.

Article

Locke Lord LLP | USA | 19 Jan 2011

Eighth Circuit holds that the collapse of seven stories of decorative brick veneer is not a “collapse of a part of a building”

In Council Tower Ass’n v. Axis Specialty Ins. Co., No. 09-3900, 2011 WL 31519 (8th Cir. 2011), the Eight Circuit considered whether, under Missouri law, the falling of seven stories of a twenty-six-story exterior brick veneer was a covered “collapse” of a building.

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