Searching Content indexed under Insurance by Jeanne Kohler ordered by Published Date Descending.
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South Carolina Federal Court Denies Motion To Stay And Orders Insurer To Produce Documents
The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc.
United States
30 Nov 2018
Seventh Circuit Affirms Ruling Denying Motion To Compel Arbitration, Holding That Company Waived Right To Arbitrate
GC Services Limited Partnership ("GC Services"), a debt collector hired by a bank to collect an allegedly unpaid balance on a credit card, advised plaintiff Francina Smith that it would commence a collection proceeding ...
United States
12 Nov 2018
Florida Federal Court Confirms Arbitration Award, Finding Defendants Did Not Meet "Heavy Burden" To Vacate The Award
The background of this case can be found here. Floridians for Solar Choice, Inc. ("FSC"), is a Florida not-for-profit corporation ...
United States
19 Oct 2018
English Court Holds That Discovery Given By U.S. Citizen Pursuant To A 28 U.S.C. § 1782 Order Can Be Used In London Arbitrations
This English court case involved arguments by Dreymoor Fertilisers Overseas Pte. Ltd. ("Dreymoor"), a Singapore trading company, to prevent EuroChem Trading GmbH ...
United States
17 Oct 2018
Florida Federal Court Dismisses Reinsurer's Agent From Breach Of Contract Lawsuit
The Florida federal court agreed with IRM, noting that under Florida law, "an agent for a disclosed insurer is not liable to the insured on the insurance contract."
United States
29 Aug 2018
Florida Federal Court Dismisses Reinsurer's Agent From Breach Of Contract Lawsuit
In this case, the ceding company, VIP Universal Medical Insurance Group Ltd. ("VIP"), brought an action in Florida federal court against its reinsurer, BF&M Life Insurance Company Ltd. ("BF&M") ...
United States
20 Aug 2018
U.S. Tax Court Finds Captive Insurer Is Not An "Insurance Company" Under The Internal Revenue Code
In this case, Reserve Mechanical Corp., a captive insurer incorporated under the laws of Anguilla, sued the Commissioner of Internal Revenue in the U.S. Tax Court regarding the Commissioner's findings of $477,261
United States
31 Jul 2018
Texas Department Of Insurance Seeks Comments On Reorganized Surplus Lines Insurance Chapter
The Texas Department of Insurance has proposed to reorganize its Surplus Lines Insurance Chapter 15 in the Texas Administrative Code. The proposed new Chapter 15 can be found here.
United States
20 Jul 2018
New York Federal Court Denies Cedent's Motion For Reconsideration In Reinsurance Dispute Regarding Expense Provisions
This case was previously reported by us on April 30, 2018. As we previously reported, on March 20, 2018, a New York federal court largely denied the motions for summary judgment of both plaintiff...
United States
13 Jun 2018
New York Federal Court Dismissed Action, Finding That Insurer's Reimbursement Under Insured's Captive Reinsurance Agreement Did Not Breach Its Contracts With Insureds
In this case, plaintiffs Keller Foundations LLC, a limited liability construction company ("Keller"), Hayward Baker Inc., a construction services corporation ("HBI"), and their parent Keller Group PLC...
United States
25 May 2018
California Federal Court Remands Fraud Claims In Workers' Compensation Reinsurance Action To State Court
In a March 15, 2018 order, noting that only state law claims remained in the case, a California federal court remanded to state court a lawsuit against an insurance company and its affiliates...
United States
16 Apr 2018
Connecticut Insurance Department Issues Two Bulletins
The Connecticut Insurance Department recently issued two bulletins, both of which mandate financial reporting by insurers to the Department.
United States
29 Dec 2017
National Flood Insurance Program Is Relieved Of $16 Billion Of Debt
On October 26, 2017, President Donald Trump signed H.R. 2266, a disaster relief bill. Pursuant to section 308 of the bill, the Department of the Treasury will forgive $16 billion in debt owed by FEMA...
United States
17 Nov 2017
Court Rules Again On Motion To Dismiss In Matter Involving Unfiled Rates Charged Under Reinsurance Agreement
On July 21, 2016, we reported on a putative class action filed in a California U.S. district court by Shasta Linen Company against Applied Underwriters, Inc. and its affiliated entities, alleging that the "EquityComp" workers' compensation insurance program marketed and sold by Applied Underwriters violated California insurance law and regulations.
United States
15 Nov 2017
Alabama Federal Court Finds Cedent Did Not Waive Arbitration, And Orders Reinsurance Dispute To Be Arbitrated
Alabama Municipal Insurance Corp. ("AMIC"), an Alabama non-profit public insurer, brought suit in Alabama federal court against Munich Reinsurance America Inc. ("Munich Re"), alleging breach of a reinsurance contract for failing to fully reimburse a settlement of flood claims asserted against an insured city.
United States
4 Oct 2017
Hurricane Harvey: Insurance Statutes And Regulations
Please note that the states may issue subsequent bulletins or advisories modifying these standards.
United States
29 Aug 2017
Pennsylvania Federal Court Grants Motion To Dismiss Based On Lack Of Subject Matter Jurisdiction
Plaintiff RAD Manufacturing, LLC ("RAD"), a Delaware corporation with its principal place of business in Pennsylvania, and its insurer and reinsurer (as subrogees) brought an action in federal court...
United States
23 Aug 2017
Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names Pursuant To Illinois Statute
In this case, an Illinois appellate court held that Section 2-403 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-403, required the reinsurers and insurer of Developers Surety and Indemnity Co. a surety, ...
United States
4 Aug 2017
Louisiana Federal Court Finds Removal Proper As Dispute Could Relate To An Underlying Arbitration Clause In Insurance Policy
In this case, a Louisiana federal court denied a motion for remand of a former machinist's asbestos-related claim, finding that an English insurer's removal from state court was appropriate and that the dispute could relate to an underlying arbitration agreement contained in an insurance policy.
United States
18 Apr 2017
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