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HTMLNYDFS Letter to Insurance Executives Regarding Cyber Security
Rebecca S. Eisner, Lawrence R. Hamilton, A. John P. Mancini, Jeffrey P. Taft, James R. Woods; Mayer Brown LLP;
Legal Alert/Article
April 13, 2015, previously published on March 27, 2015
Following up on its promise to “integrate regular, targeted assessments of cyber security preparedness at insurance companies as part of [its] examination process,” the New York Department of Financial Services (“DFS”) issued a letter on March 26, 2015, to chief executive...

 

HTMLAdvance Payments in Alberta
Justine Blanchet; Borden Ladner Gervais LLP;
Legal Alert/Article
April 13, 2015, previously published on January 22, 2015
On November 24, 2014, the Alberta Court of Appeal released its decision in Shannon v 1610635 Alberta Inc, 2014 ABCA 393 [“Shannon”]. The decision sets out the legal test to be met in an application for an advance payment pursuant to the Insurance Act.

 

HTMLInsurance Regulators Work to Address Cyber Security Issues
David W. Alberts, Lawrence R. Hamilton, Colin Scagell, Nicole Zayac; Mayer Brown LLP;
Legal Alert/Article
April 13, 2015, previously published on March 25, 2015
As data breaches and their consequences have become increasingly common and gained public attention, cyber security has become a significant issue for both the insurance industry and insurance regulators. Although the recent coverage of the massive cyber security breach at Anthem, Inc.

 

HTMLPRA Sets Out How the UK Will Implement Solvency II
David W. Alberts, Lawrence R. Hamilton, Colin Scagell, Nicole Zayac; Mayer Brown LLP;
Legal Alert/Article
April 13, 2015, previously published on March 25, 2015
On February 12, 2015, the Prudential Regulation Authority (“PRA”) sent a letter, to life and general insurance firms setting out the information relating to the UK implementation of the Solvency II directive, including a timetable for the PRA's activities in the next few months.

 

HTMLSolvency II - EIOPA Publishes Final Reports on Equivalence of Bermuda, Japan and Switzerland
David W. Alberts, Lawrence R. Hamilton, Colin Scagell, Nicole Zayac; Mayer Brown LLP;
Legal Alert/Article
April 13, 2015, previously published on March 25, 2015
By way of background, Solvency II provides a mechanism for the European Commission to treat as equivalent a third country’s solvency and prudential regulatory regime to reflect the fact that the insurance industry is a global marketplace and the increasing cross-border nature of group...

 

HTMLThe Insurance Act Receives Royal Assent
David W. Alberts, Lawrence R. Hamilton, Colin Scagell, Nicole Zayac; Mayer Brown LLP;
Legal Alert/Article
April 13, 2015, previously published on March 25, 2015
On February 12, 2015, the Insurance Bill, which was introduced into Parliament on July 17, 2014, received Royal Assent, and is now known as the Insurance Act 2015 ("the Act"). The Act represents the culmination of an eight year review of insurance contract law by the Law Commission of...

 

HTMLAG 48 and the (Modest) Transformation of Life Reserve Financings
David W. Alberts, Lawrence R. Hamilton, Colin Scagell, Nicole Zayac; Mayer Brown LLP;
Legal Alert/Article
April 13, 2015, previously published on March 25, 2015
After three full years of regulators compiling data, reading legal documents, studying actuarial models and consulting with outside advisors related to the life insurance industry’s use of captive reinsurers for so-called AXXX and XXX reserve financing transactions, year-end 2014 was...

 

HTMLPublic Adjusters Do Not Have Free Pass To The Stand
Tyler McGuire, Shannon M. O'Malley; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on August 5, 2014
In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not automatically qualify the public adjuster as an expert on insurance bad...

 

HTMLInsurance In Brazil: A Reinsurance Perspective
Jason Reeves, Jose Umbert; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on August 14, 2014
Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering first-party risks in the country, and particularly international reinsurers...

 

HTMLInsurers Be Warned, Your Communications Are Discoverable
Elizabeth V. Kniffen; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on August 4, 2014
Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery of these communications when claims become contentious and litigated....

 


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