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Insurance Industry Enforcement

Lathrop GPM

Homeowners Allege California FAIR Plan Member Insurers Impermissibly Restricted Wildfire-Related Loss Coverage

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Last week, 10 California homeowners filed suit in Los Angeles County Superior Court against the California FAIR Plan Association (CFPA) and several of its largest insurance company members. Plaintiffs allege defendants...more

Stikeman Elliott LLP

Alberta’s Insurance Regulators Tighten Registration Requirements for Motor Vehicle and Equipment Dealers Offering Warranties,...

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On December 19, 2024, the Alberta Superintendent of Insurance published a revised version of Bulletin 05-2024 (“Superintendent’s Bulletin”) on the treatment of motor vehicle warranty contracts, dealership loyalty programs and...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

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This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

Seward & Kissel LLP

Legal Trends in Middle Market M&A Deals

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As we close 2024, middle market M&A transactions, typically valued between $10 million and $500 million, have begun to show signs of finally rebounding from their peak in 2021.  As deal activity continues to ramp up, here are...more

Freiberger Haber LLP

New York Court of Appeals Examines the Enforceability of a Contract’s Two-Year Suit Limitation Period

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In Farage v. Associated Ins. Mgt. Corp., 2024 N.Y. Slip Op. 05875 (Nov. 26, 2024) (here), the New York Court of Appeals examined the enforceability of an insurance contract’s two-year suit limitation period. In a 4-3...more

Sheppard Mullin Richter & Hampton LLP

OIG Sparks Public Excitement about Managed Care and Alludes to Incoming Enforcement Guidance

“The American people deserve to know that the insurance companies receiving more than $700B annually in taxpayer funds are working to ensure you receive effective, high-quality care. Remember, you have rights and options to...more

White & Case LLP

The SEC’s Charges Against SolarWinds and its Chief Information Security Officer Provide Important Cybersecurity Lessons for Public...

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On October 30, 2023, the US Securities and Exchange Commission ("SEC") announced that it filed charges against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer ("CISO") in connection...more

Flaster Greenberg PC

The Impact of Conflict of Law on Insurance Claims

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When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This...more

Seward & Kissel LLP

"An Ounce of Prevention"...How to Reduce the Risk of Litigation and Enforcement Proceedings

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To paraphrase what Ben Franklin may have been alluding to nearly 300 years ago in his famous quote, often the best approach when it comes to reducing the risk of litigation and government enforcement proceedings is to take...more

Foley & Lardner LLP

Insurance Law Update: Insurance Circular Letter No. 6

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On July 17, 2023, the New York Department of Financial Services (DFS) issued Insurance Circular Letter No. 6 (2023) (“Letter No. 6”) and a concurrent press release seeking to clarify, and in our opinion repeal, earlier...more

Zuckerman Spaeder LLP

Whither Insurance Coverage for Preventive Health Services? District Court Decision Striking Down Affordable Care Act’s Preventive...

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On May 15, 2023, the Fifth Circuit temporarily stayed a district-court ruling that struck down a key part of the Affordable Care Act (ACA). As a result of the stay, the ACA’s health insurance coverage requirements for...more

K2 Integrity

Implementation of the Russian Oil Price Cap and Key Compliance Considerations

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As the Russian invasion of Ukraine continues, so too does Russia’s isolation from the West. Member nations of the Group of Seven (G7)—the United States (U.S.), Canada, France, Germany, Italy, Japan, and the United Kingdom...more

Pillsbury Winthrop Shaw Pittman LLP

Effective January 1, 2023, Numerous States Begin to Impose Notification Requirements and Prohibitions on Products Containing...

Multiple states have enacted laws that impose prohibitions or notification obligations on the commercial distribution of PFAS-containing products, with requirements under the laws of three states (California, Maine and New...more

Foley Hoag LLP

'Tis the (Insurance Renewal) Season! What Enhanced Consumer Data Protection Laws Mean for Your Business

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As many businesses prepare to renew their insurance policies, considerations of consumer privacy rights ought to be top of mind. The Colorado Privacy Act - Scope - Foley Hoag has previously written about the Colorado...more

Walkers

Chambers Global Aviation Finance & Leasing Guide 2022: Ireland

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1.1.1 Taxes/Duties Payable Upon Execution of the Sales Agreement VAT Whether there will be any VAT payable on the sale of an aircraft is determined by its physical location at the point of sale. If the aircraft is physically...more

Walkers

SEAR and the Individual Accountability Landscape: The Central Bank (Individual Accountability Framework) Bill 2022

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The Central Bank (Individual Accountability Framework) Bill 2022 (the “IAF Bill“) was published on 28 July 2022 by the Department of Finance, following the publication of the General Scheme of the IAF Bill (“General Scheme”)...more

Walkers

Chambers Global Aviation Finance & Leasing Guide 2022: Guernsey

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1 . Aircraft and Engine Purchase and Sale - 1.1 Sales Agreements - 1.1.1 Taxes/Duties Payable Upon Execution of the Sales Agreement There are no Guernsey taxes or duties payable upon executing an aircraft or engine...more

King & Spalding

New York Department of Financial Services Proposes New Cybersecurity Rules

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On July 29, 2022, the New York Department of Financial Services (“NYDFS”) released Draft Amendments to its Part 500 Cybersecurity Rules, which propose substantial new obligations for the cybersecurity programs of companies...more

Wiley Rein LLP

Insurer Owes Duty to Defend and Indemnify Nuisance Litigation

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A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more

Pillsbury - Policyholder Pulse blog

PFAS Enforcement and Liability Is on the Rise—Insurance Can Help

A key component of a company’s risk management function is to keep a close eye on new and developing sources of liability and to put in place appropriate insurance to respond in the event those liabilities ripen. In recent...more

Foley & Lardner LLP

The DOL Has Made This New Mental Health Parity Requirement a Top Enforcement Priority

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Embedded in the Consolidated Appropriations Act, 2021 (the “CAA”) is a new obligation for group health plan sponsors and insurers that provide health insurance to document that their group health plan or insurance policy...more

White and Williams LLP

The FTC Wants More Power to Investigate Corporate Data Privacy Violations - Will Cyber Insurance Cover the Costs of a Company's...

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On May 8, 2019, all five commissioners of the U.S. Federal Trade Commission (FTC) testified before a congressional hearing on data privacy regulation and enforcement. At the hearing, the FTC commissioners testified that the...more

Cozen O'Connor

IN Catastrophes: Preparing for Hurricane Matthew Claims in the Carolinas

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Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By...more

Davis Wright Tremaine LLP

The CFPB and the Business of Insurance: An Analysis of the Scope of CFPB’s Authority Over Insurance Sales

In 2014, the Bureau of Consumer financial Protection (CFPB) issued an enforcement order against a bank and its service provider for allegedly misleading sales of insurance. That order was based on the CFPB’s power to prohibit...more

Goodwin

Financial Services Weekly News Roundup - April 2015 #5

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Ninth Circuit Denies Rehearing of Northstar v. Schwab. On April 28, the U.S. Court of Appeals for the Ninth Circuit denied the petition of Schwab Investments’ (Schwab) for rehearing and rehearing en banc in the case of...more

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