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HTMLNY Dept. of Financial Services Requests Detailed Cyber Security Reports From Insurers
John J. Jablonski, Sandra M. McDermott, Frederick J. Pomerantz; Goldberg Segalla LLP;
Legal Alert/Article
April 14, 2015, previously published on April 8, 2015
Cyber security is clearly one of the highest priorities — if not the top concern — for regulators in 2015. Late last month, the New York Department of Financial Services (DFS) sent more than 160 licensed insurers a New York Insurance Law Section 308 Letter seeking a detailed report...

 

HTMLACA Subsidies Face Final Test Before the US Supreme Court
John R. Feore, III, Bruce Merlin Fried, Charles A. Luband, Mark W. Weller; Dentons Canada LLP;
Legal Alert/Article
April 14, 2015, previously published on March 4, 2015
The US Supreme Court (the "Court") heard oral arguments today in King v. Burwell, a case that could significantly impact the viability of the Affordable Care Act (ACA). In this case, the Court is being asked to decide whether federal tax subsidies are available for use only on health...

 

HTMLWho is an Expert For the Purposes of Rule 53.03: The Court of Appeal’s Decision in Westerhof v Gee Estate
Giovanna Asaro, Simon Reis; Blaney McMurtry LLP;
Legal Alert/Article
April 14, 2015, previously published on April 01, 2015
When can a witness who has not been retained by a party to the litigation give opinion testimony at trial? Must that witness comply with the requirements of Rule 53.03 of the Rules of Civil Procedure, which is directed at expert witnesses and requires that no opinion evidence may be tendered unless...

 

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...

 

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...

 

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.

 

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.

 

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...

 

HTMLThe NAIC Exposes Two Cyber Security-Related Documents for Comment
Mayer Brown LLP;
Legal Alert/Article
April 13, 2015, previously published on March 25, 2015
The first draft document, “Principles for Effective Cybersecurity Insurance Regulatory Guidance” (the “draft cybersecurity guidance”), was developed by the CTF to assist insurance regulators in providing guidance to the insurance industry in its efforts to strengthen data...

 


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