LexisNexis® Legal Newsroom
Suriano Delivers Insurance Top Ten

(Please visit the site to view this video) Costantino P. Suriano, partner with Mound, Cotton, Wollan & Greengrass in New York, delivers what he and others have deemed the top ten risks facing insurance carriers and risk managers. Video by HB Litigation Conferences LLC. More at www.LitigationConferences...

Allocation of Coverage - New Appleman on Insurance Law Library Edition, Chapter 22

By Laura A. Foggan, Partner, Wiley Rein LLP This chapter opens with a discussion of how to determine whether allocation is required and an explanation of key circumstances where concurrent or successive insurance policies may be implicated by insurance claims. These circumstances present issues of...

Kevan Hirsh Of Kaplin Stewart On Punitive Damages In Bad Faith Insurance Disputes

Kevan F. Hirsch has developed expertise in defending bad faith claims against carriers, and regularly represents two insurance groups in actions brought directly against the companies in this region. He has represented insurers and insured in complex commercial lines coverage actions and financial disputes...

Lincoln National v. Snyder: Another STOLI Case, Another Carrier Victory

By Stephan Leimberg and Howard Zaritsky "Investors who are interested in STOLI arrangements should consider that the insurers are litigating all of these cases that they discover, and that they are investigating policy claims carefully to discover STOLI arrangements. Furthermore, the insurers...

Ceres and a Series of Serious Thoughts about the NAIC Climate Disclosures - Part I

By J. Wylie Donald, Partner, McCarter & English Ceres released last month the first analysis of the insurer climate change disclosures submitted to state regulators pursuant to the National Association of Insurance Commissioners rule. The report is eye-opening. The authors have combed through...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part II

By J. Wylie Donald, Partner, McCarter & English We wrote yesterday to introduce Ceres' report on the disclosure of climate risks by insurers and considered its first Recommendation to Regulators concerning mandatory and public disclosures. We address today the second recommendation in Climate...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part III

By J. Wylie Donald, Partner, McCarter & English This is the last of three parts concerning Ceres' recently released Climate Risk Disclosures by Insurers: Evaluating Insurer Responses to the NAIC Climate Disclosure Survey . We already have looked at the first two Recommendations to Regulators...

Indiana Supreme Court Slams The Flexdar Shut On Any Chance To Change Kiger

By Randy J. Maniloff, White and Williams, LLP Hoosier State Remains The Toughest In The Country For Insurers And The Pollution Exclusion The Most Eagerly Anticipated Coverage Decision In The Nation This is the third issue in a row of Binding Authority to address the Pollution Exclusion. A three...

Free Zalma’s Insurance Fraud Letter May 1, 2012

By Barry Zalma, Attorney and Consultant In this, the ninth issue of the 16th year of publication Zalma's Insurance Fraud Letter (ZIFL), ZIFL reports on: 1. Barry Zalma reports on an interesting appellate decision that convicted a person for failing to advise his insurer that he intentionally...

California Announces Death Master settlement with ING

Conduct exam of a second insurer finds MassMutual using Death Master Database properly Insurance Commissioner Dave Jones has announced that the California Department of Insurance has, with other state insurance regulators, reached a settlement agreement with ING over the insurer’s use of...

General Principles and Introductory Matters Concerning Insurer Insolvency and Bankruptcy – New Appleman on Insurance Law Library Edition, Chapter 96

LexisNexis is publishing a new volume of our authoritative treatise on the nation’s insurance law, the New Appleman on Insurance Library Edition . It is entitled “Insolvency and Bankruptcy.” Comprehensive new Volume 9 is solely devoted to insurer as well as policyholder insolvency...

Regulation Of Insolvency – New Appleman on Insurance Law Library Edition, Chapter 98

By Kristen J. Brown Abstract * * * This chapter examines the powers and remedial options afforded to state insurance commissioners for their regulation of insurance company insolvency. State laws arm insurance commissioners with broad intervention powers and various degrees of intervention options...

Insurance Commissioner Announces Death Master settlement with Aegon

Insurance Commissioner Dave Jones announced today that the California Department of Insurance has, with other state insurance regulators, reached a settlement agreement with Aegon over the insurer's use of the Social Security Administration's Death Master File database to ensure policyholders...

U.S. Regulation of the Solvency and Insolvency of Alien Multi-National Insurers – New Appleman on Insurance Law Library Edition, Chapter 103

By Richard G. Liskov and John J. Sarchio Abstract * * * This chapter discusses the regulation of alien multi-national insurers—insurers domiciled outside the United States but operating in U.S. insurance markets. The chapter begins with an overview in Section 103.01 of such insurers...

Case Studies of Insurer Insolvencies – New Appleman on Insurance Law Library Edition, Chapter 104

By Patrick H. Cantilo, Mark F. Bennett, and Arati Bhattacharya Abstract *** In this chapter, five insurance insolvencies are discussed in detail to illustrate a number of the issues that are presented in the management of troubled insurers. The companies discussed are the Legion Insurance...

Bankruptcy and Insurance – New Appleman on Insurance Law Library Edition, Chapter 107

By Susan N. K. Gummow and Eric J. Shukis Abstract *** The filing of bankruptcy impacts the debtor-insured, its insurers, and parties asserting claims that may implicate the debtor’s insurance policies. Chapter 107 introduces some of the basic elements and concepts of bankruptcy law...

Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company

by Robert A. Scott Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled. In Worsham v. Greenfield [ enhanced version available to lexis.com...

Goldberg Segalla LLP on The Rise and Implications of the Chinese Insurance Industry

By Daniel W. Gerber and Richard J. Ahn, Attorneys, Goldberg Segalla LLP The U.S. insurance industry has undergone significant change which has yet to become fully evolved. In fact, only recently has the Federal Insurance Office issued its report on “How to Modernize and Improve the System...

New York Market Conduct Examinations

LexisNexis is pleased to announce the addition of New York materials to our collection of Market Conduct Examination Reports ( lexis.com subscribers click here ). Market Conduct Examinations focus on the business practices of insurers and are designed to monitor marketing, advertising, policyholder services...

Community Development Investment Policies of California’s Largest Insurers Now Available For Downloading

California Insurance Commissioner Dave Jones has announced that the community investment policies of the top 206 insurance companies are now available on the California Department of Insurance website. “I encourage those seeking investments in underserved communities to review these investment...

5th Circuit Addresses Excess Insurer’s Bad Faith Claim Against Primary

Tapas: Small Dishes of Insurance Coverage News & Notes RSUI Indem. Co. v. American States Ins. Co., No. 14–30033 (5th Cir. Sept. 25, 2014), [ enhanced version available to lexis.com subscribers ], (addressing Louisiana law) (“We hold only that under the circumstances of this case...

Ten Most Significant Insurance Coverage Decisions Of 2014 – Excess Insurers’ Chins Should Drop Down

A case involving an excess insurer’s obligation to drop down wouldn’t seem to be the stuff of one of the year’s ten most significant. In general, drop down provisions in excess or umbrella policies are often-times unique and the decisions dictated by such language. So no matter how...

Court Provides A Clinic In Sometimes Overlooked Coverage Issue

When an insurance company is evaluating whether to file a declaratory judgment action or defend one filed against it, the principal issues under consideration are likely to be its chance of success and the amount of attorney’s fees that it will incur to achieve the desired result. But there is...

Highlights from the NAIC Spring Annual Meeting on PBR and Captive Insurance Companies

Beginning in 2013, we have issued a series of Alerts on the controversy regarding the use of captive insurance companies to finance reserves for certain type of life insurance policies (so-called "XXX or AXXX reserves," which are widely believed to exceed reserves that are actually needed to...

The Limited Reach Of Pre-Answer Security Requirements For Unauthorized Insurers

By Thomas F. Bush When an insurer is sued in a state where it is not authorized to conduct its insurance business, it frequently faces an immediate demand from its opponent to post a bond or other security with the court in the full amount of the opponent's claim. More than 40 states have enacted...