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Andrew J. Barile
Creative Uses of Captive Insurance Companies: Sun Trust Banks, Inc. Established Captive Insurer Twin Rivers II to Sell Insurer Madison Insurance Company

In 1996, Sun Trust Banks formed Atlanta-based Madison Insurance Company to write policies to Sun Trust for general liability, commercial auto, commercial multi-peril, financial institution bonds, and workers’ compensation in several southeast states...

Brian T. Casey and R. Dean Conlin
State Insurance Premium and Other Insurance Taxes

Premiums collected by insurance companies have been subject to state taxation in the United States since at least the mid-Nineteenth Century (see Section 12.01[1]). An insurance premium tax is a form of gross receipts or excise tax; it is not based on...

Jeffrey E Thomas
Jeffrey E. Thomas on Emerging Issues for Terrorism Insurance

The federal Terrorism Risk Insurance Program Reauthorization Act of 2007 became law on December 26, 2007. It extended the Terrorism Risk Insurance Act (“TRIA”) through the end of 2014 and made other changes to the Act. In this commentary,...

John G. Nevius
If States Can Successfully Use The Courts To Address CO2 Emissions, What Does This Mean For Your Company And For Your Insurance Company?

The United States Court of Appeals for the Second Circuit on September 21 reinstated a 2004 lawsuit by eight states and the city of New York against five of the largest U.S. coal-burning electric utilities over their carbon dioxide emissions. [ State...

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Randy J. Maniloff
Wilted Coverage Issue: New York Federal Court Addresses Lost Policies for Flower Grower

These days I see a “lost policy” case about as frequently as I see a Delorean. And that makes sense. With the number of environmental and asbestos claims diminishing, so too is the need to locate insurance policies that were on the risk during...

Jeffrey W. Stempel
Jeffrey W. Stempel on Federal Insurance Co. v. American Hardware Mutual Ins. Company: The Nevada Supreme Court Gives Broad Construction to Commonly Used Additional Insured Endorsements

In this Expert Commentary, Professor Jeffrey W. Stempel examines Federal Ins. Co. v. American Hardware Mutual Ins. Co. , 2008 Nev. LEXIS 38 (Nev. May 29, 2008). The Court held that an additional insured endorsement providing coverage for claims “arising...