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Preemption › Insurance Regulations › Insurance Litigation

Foley & Lardner LLP

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

Foley & Lardner LLP on

On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more

Goldberg Segalla

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

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New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies...more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

Carlton Fields on

The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Butler Weihmuller Katz Craig LLP

Pennsylvania Finds Exception to Anti-Subrogation Rule

Butler Weihmuller Katz Craig LLP on

The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more

Neal, Gerber & Eisenberg LLP

Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois

Neal, Gerber & Eisenberg LLP on

I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting:  surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to...more

Carlton Fields

McCarran-Ferguson Lands a Jab on the FAA

Carlton Fields on

As we reported in this space late last year, the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740, 1745 (2011), tilted the scales toward federal power in the field of arbitration, preempting...more

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