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|President Signs Changes to Collins Amendment Favorable to Insurers|
Brian Barrett, B. Scott Burton, Ellen M. Dunn, James R. Dwyer, David A. Massey; Sutherland Asbill & Brennan LLP;
February 6, 2015, previously published on December 19, 2014On December 18, President Obama signed into law the Insurance Capital Standards Clarification Act of 2014 (the Act). The Act makes it clear that the Board of Governors of the Federal Reserve (the Fed) is not required to apply the bank-based risk and leverage capital requirements of Section 171 of...
|National Association of Insurance Commissioners (NAIC) Publishes Annual Homeowners Insurance Report|
Colodny Fass P.A.;
February 6, 2015, previously published on January 22, 2015The National Association of Insurance Commissioners ("NAIC") released its 2012 Homeowners Insurance Report on January 20, 2015. It provides data on market distribution and average cost by policy form and insurance amount.
|Insurance Doomsday Averted - TRIA Extension Passes Congress|
Goldberg Segalla LLP;
February 6, 2015, previously published on January 9, 2015Under the cloud of the tragic terrorist attack in France, the U.S. Congress passed H.R. 26, an extension to the Terrorism Risk Insurance Act (TRIA). The House passed it overwhelmingly by a vote of 416-5. The Senate passed it by a vote of 93-4. This despite a rider which amends Dodd-Frank.
|National Association of Insurance Commissioners (NAIC) Terrorism Risk Insurance Act Model Bulletin Approved|
Colodny Fass P.A.;
February 6, 2015, previously published on January 28, 2014The National Association of Insurance Commissioners' ("NAIC's") Terrorism Insurance Implementation Working Group ("Working Group") advised yesterday, January 27, 2015, that its members have approved a Model Bulletin designed to convey a common message to insurers on...
|Court Rejects Argument That Limitation Period Should Be Extended|
Ryan L. Martin; McLennan Ross LLP;
February 3, 2015, previously published on Fall 2014In what circumstances will an insurer’s conduct have the effect of extending a personal injury claimant’s limitation period for suing an insured?
|Insurance Act Does Not Remove Employer’s Right of Subrogation|
Kendal C. Gummer, Sandra J. Weber; McLennan Ross LLP;
January 30, 2015, previously published on February 28, 2014On February 26, 2014, the Court of Appeal unanimously allowed the appeal of an employer seeking to recover the income benefits paid to an employee, from a third party tortfeasor (Hammond v DeWolfe, 2014 ABCA 81).
|Stephens & Stephens XII, LLC v. Fireman's Fund Insurance Co. (November 24, 2014) - Cal.Rptr.3d -, 2014 WL 6679263|
McCormick Barstow Sheppard Wayte Carruth LLP;
January 23, 2015, previously published on January 23, 2015Fireman's Fund Insurance Company ("Fireman's Fund") issued a commercial insurance policy covering loss from property damage, including lost rental value and business income, to a building owned by Stephens & Stephens XII, LLC ("Stephens XII"). The policy provided two...
|EIOPA Chairman Comments on Role of the CRO|
Mayer Brown LLP;
January 23, 2015, previously published on November 11, 2014On October 10, 2014, the European Insurance and Occupational Pensions Authority (“EIOPA”) published a speech (dated September 26, 2014) given by Gabriel Bernardino, EIOPA Chairman, on a number of topics, including the role of the chief risk officer (“CRO”).
|Court Addresses Whether Insurance Company's Consult With Counsel Constitutes Waiver of Attorney Client Privilege|
Jones Skelton Hochuli P.L.C.;
January 22, 2015Rudolfo Brothers Plastering, Inc. claimed that Everest Indemnity Insurance Company acted in bad faith by entering into a settlement agreement that exhausted the liability coverage of an Owner Controlled Insurance Program (OCIP) policy to Rudolfo’s detriment. Everest argued it reached the...
Withers Bergman LLP;
January 20, 2015, previously published on December 4, 2014Insurance services are generally exempt from VAT. This ought to cover services of intermediaries, often called insurance brokers or insurance agents. The basic premise is that the broker intercedes between the person who needs the insurance and the person who can provide it. He usually has direct...