Perspectives on Insurance & Reinsurance
26 total results. Page 1 of 2.
The US Court of Appeals for the Second Circuit just issued a 32-page decision affirming the district court’s conflict of laws ruling, in favor of an Arent Fox LLP client, that New York law, rather than New Jersey law, applied to an insurable interest dispute between AEI Life LLC and Lincoln Benefit
South Carolina has become the first state to enact an insurance data security act based on the Insurance Data Security Model Law drafted by the National Association of Insurance Commissioners, which is based on New York’s Cybersecurity Regulations (23 N.Y.C.R.R. Part 500).
New York’s Highest Court Requires Insureds to Pay for Pollution Losses for Periods That Insurance Was Unavailable in the Industry
On March 27, 2018, the New Your Court of Appeals issued an opinion rejecting the “unavailability exception” to the general rule that a policyholder is self-insured and on the risk for periods of time when insurance coverage was not obtained.
Second Circuit: Threat of Future Harm From Statutory Procedural Violation Is Insufficient to Support Article III Standing
The Second Circuit recently issued a decision with important implications for companies dealing in or handling biometric data.
New York attorney Eric Biderman was recently mentioned in an article by The Deal that discusses the extension small covered entities will get to file limited exemption notices to meet the new New York Department of Financial Services’ cybersecurity rules.
New York attorney Eric Biderman recently spoke with The Deal about an article regarding Florida’s new settlement law. While the new law has been praised by the market’s largest trade group as a victory for consumers, many believe that it may actually be hurting the market.
A recent decision from the Ninth Circuit Court of Appeals reaffirms that policyholders have leverage to convince excess insurance carriers that they should contribute towards potentially covered settlements.
On September 22, 2016, the Supreme Court of Florida held that Florida law bars challenges to the validity of life insurance policies based on a lack of insurable interest once Florida’s two-year contestability period has expired.
In St. Paul Mercury Insurance Company v. Tessera, Inc., the federal court held that a lawsuit against an insured alleging a breach of a license agreement did not constitute a violation of an intellectual property right.
P.F. Chang’s Cyber Insurance Decision: Pay Attention to the Provisions of the Cyber Risk Policy That You Are Buying
Data breaches continue to complicate the interpretation and understanding of commercial insurance policies. But even as courts confront thorny questions presented by cyber security policies, they continue to rely on long-standing principles of insurance and contract law.
Arent Fox LLP secured a victory for Fortress Re Inc. — formerly one of the largest aviation reinsurance agencies in the market — after a New York district court dismissed a breach of contract claim in late March.
Arent Fox LLP represented Clear Blue Financial Holdings LLC in its launch of two fully-licensed fronting carriers, which will begin servicing clients immediately.
California Companies Now Free To Transfer Insurance Coverage for Post-Loss Claims, In Reversal of Decade-Old Henkel Decision
Elliott M. Kroll, Julius A. Rousseau, III, Michael S. Cryan, James M. Westerlind, Michael P. McMahan
Purchasers and restructurers of California companies can rest a little easier after last Thursday’s landmark ruling by the California Supreme Court.
The United States District Court in Nevada issued an Order on June 1, 2015 dismissing the complaint filed by alleged victims of a data security breach suffered by Amazon.com d/b/a Zappos.com (Zappos).
There are significant issues for a lender whose loans are secured by life insurance to consider. Principally, these issues relate to ensuring that the lender has properly established a first priority security interest in the collateral.
Late last week, eight days after the Terrorism Risk Insurance Act (TRIA) expired, the US House of Representatives and the US Senate overwhelmingly approved H.R. 26, legislation reauthorizing TRIA until the end of 2020.
On May 24th, New York partner Jule Rousseau will be speaking at the European Life Settlement Association Spring Symposium.