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1
Eleventh Circuit Rejects Plaintiffs' Insurance-Kickback Claims Based On Filed-Rate Doctrine
On September 24, the Court of Appeals for the Eleventh Circuit in Patel v. Specialized Loan Servicing, LLC ruled that a group of plaintiffs from Florida and Pennsylvania could not challenge the forced-placed insurance ("FPI") rate their mortgage servicers charged.
United States
14 Nov 2018
2
Insuring The Deal: Key Trends And Terms In Representation And Warranty Insurance
As regular participants in mergers and acquisitions (M&A) transactions know, representation and warranty (R&W) ...
United States
25 Sep 2018
3
The Triumph Of The Materiality Scrape
Not long ago, sellers in private M&A deals rarely encountered what has become a buyer-favorite deal term, the "materiality scrape."
United States
25 Sep 2018
4
Recent Trends In Private M&A Deal Terms
During the past several years, the private-target mergers and acquisitions (M&A) market experienced robust growth and valuations ...
United States
24 Sep 2018
5
Zero Seller Recourse Deals And Other Emerging Trends: The Latest Developments In Representation And Warranty Insurance
As the representation and warranty (R&W) insurance industry continues to mature and new carriers enter the market, some important trends in R&W insurance policies are emerging.
United States
19 Apr 2018
6
D&O And Professional Liability 2017 - A Year In Review
2017 was a busy year for courts addressing a wide variety of directors and officers and professional liability insurance coverage issues.
United States
9 Feb 2018
7
NY Statute Governing Liability Policies "Issued Or Delivered" In NY Applied To NY Insureds And Risks Though Policy Issued And Delivered Outside NY
The Court of Appeals of New York in Carlson v. American Intl. Group, Inc., 2017 N.Y. LEXIS 3280, No. 47, (N.Y. Nov. 20, 2017) overturned the lower court's determination that N.Y. Insurance Law § 3420 ...
United States
23 Nov 2017
8
Third Circuit Curbs Insurers' Asbestos Exposure
The Third Circuit in General Refractories Co. v. First State Insurance Co., No. 15-3409 (3d Cir. April 21, 2017)...
United States
2 May 2017
9
D&O And Professional Liability 2016 - A Year In Review
Troutman Sanders is pleased to announce the release of 2016 A Year In Review.
United States
8 Mar 2017
10
Employees' Claims For Reimbursement Of Business Expenses Is Not A Wage And Hour Violation
In Hanover Ins. Co. v. Poway Academy of Hair Design, Inc., et al., the United States District Court for the Southern District of California recently held that claims for violation of California Labor Code Section 2802...
United States
23 Nov 2016
11
Deadline Looms For Healthcare Providers To Comply With New ACA Non-Discrimination Requirements
No later than October 16, 2016, all healthcare programs and activities, regardless of size, must comply with sweeping new civil rights protections for patients.
United States
3 Oct 2016
12
UK Insurance Act 2015 In Force
The Insurance Act 2015 (the "Act") has come into force on 12 August 2016, marking the most significant reform of the UK insurance law.
UK
30 Sep 2016
13
Louisiana Supreme Court Adopts Pro Rata Allocation Of Defense Costs
The Louisiana Supreme Court has held that an insurer's responsibility for defense costs in a long-latency disease case is limited to a pro rata share based on its time on the risk.
United States
12 Sep 2016
14
Insurer Is Not Required To "Drop Down" And Provide Coverage Within Insolvent Insured's Retention
The Wisconsin Circuit Court has held that the insurer of a dissolved and insolvent company is only responsible for covered liabilities in excess of the retention applicable under its policy.
United States
6 Sep 2016
15
Appellate Court Vindicates Insurers Position That Coverage Dispute Is Not A Core Bankruptcy Matter
In a published decision issued on August 25, 2016, the Bankruptcy Appellate Panel for the Ninth Circuit ("BAP") vindicated the position of Troutman Sanders' insurance company clients...
United States
1 Sep 2016
16
Don't Let An Employee Wellness Program Make You Sick
Last month the EEOC issued its Final Rule on Employer Wellness Programs and Title I of the Americans with Disabilities Act (ADA).
United States
20 Jun 2016
17
Illinois Appellate Court Rejects Coverage For Blast-Fax Class Action Under The TCPA
On May 18, 2016, in First Mercury Insurance Company v. Nationwide Security Services, Inc. et al., the First District of the Illinois Appellate Court affirmed the Circuit Court of Cook County's ruling of no coverage...
United States
27 May 2016
18
Fourth Circuit Holds Data Incident Covered By Insurance Policy
The United States Court of Appeals for the Fourth Circuit recently affirmed a district court order, holding that a company's allegedly improper disclosure of personal information was covered by its general liability policy...
United States
4 May 2016
19
Insured V. Insured Exclusion Bars Coverage For Liquidation Trustee's Suit Against Officers
The United States District Court for the Western District of Michigan has held that an Insured v. Insured Exclusion in a D&O policy bars coverage for a suit by a post-bankruptcy liquidation trustee...
United States
10 Apr 2016
20
Summary Of Benefits And Coverage Update: Release Of New Proposed Template, Instructions And Related Materials
The SBC is a summary document that health insurance issuers and group health plans are required to provide to participants and beneficiaries when they initially enroll or re-enroll in the plan, upon request...
United States
6 Apr 2016
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