Goldberg Segalla Attorney Daniel W. Gerber to Speak at Defense Research Institute Annual Meeting

Goldberg Segalla Partner and Chair of its Global Insurance Services Practice, Daniel W. Gerber, will speak at DRI's Annual Meeting in Chicago. Mr. Gerber will moderate a panel entitled "What We All Need to Know About Shifitng the Risk in This Economy – It's All About Risk Managment".  The Annual Meeting is to be held October 7-11, 2009 and will feature author Doris Kearns Goodwin and former Secretary of Labor Elaine Chao, as well  former Solicitor Generals Kenneth Star and Theodore Olson. To view the Annual

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Chinese Insurance Regulatory Commission (CIRC) Issuing Major Revisions to the Law Governing Insurance in China.

The Chinese Insurance Regulatory Commission (CIRC) is issuing major revisions to the law governing insurance in China.  These new revisions are meant to offer better protection to the insureds and reinforce controls on insurers.  The new laws are expected to go into effect on October 1, 2009. 

 

 

Many of the changes involve contract certainty, timeliness and claim handling.  For example, the insurers will now only be able to rescind policies for nondisclosure or misrepresentation 30 days from first learning

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District Court Holds Insurance Carrier Must Defend Workplace Shooting Notwithstanding Employer’s Liability Exclusion

Admiral Ins. Co. v. G4S Youth Service  (United States District Court, Eastern District of Virginia, June 9, 2009)

The insurer brought a declaratory judgment action seeking a determination of its obligation to defend and indemnify the policyholder in an underlying matter arising from the shooting death of one of its employees that occurred on the work premises, but prior to the employee beginning her work shift.  Specifically, the issue was whether the employee’s death on the policyholder’s premises “arises out of” and was “in the course

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Insurance Legislative Update for All 50 States

Legislation

Alabama

Senate Bill 5

(Introduced May 26, 2009; Last Action May 26, 2009)

This bill prohibits the application of a hurricane deductible for property damage in insurance policies unless the damage arose from a named hurricane or tropical storm.  It requires personal lines insurance policies offering a percentage deductible for the peril of winds and hail to offer a voluntary buy‑back provision and provides penalties for violations.

California

Senate Bill 119

(Introduced February 2, 2009; Last Action May 28, 2009)

This bill extends

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Federal District Court Refuses to Enforce Subpoena for Foreign Insurance Arbitration (Adopts Minority Position)

In re an Arbitration in London, England between Northfolk Southern Corp. et al v. ACE Bermuda LTD  (Northern District Ill., June 15, 2009)

The named insured and named party in a London reinsurance arbritration requested that the district court order a non-party witness to testify in the arbitration.  The movants relied exclusively on 28 U.S.C. §1782, which provides a district court with the inherent power to order a person to testify or provide documents for use in a proceeding in a foreign or international tribunal. 

The non-party

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Goldberg Segalla CaseWatch Insurance

Below are links to cases referenced in the June 21, 200 the Goldberg Segalla CaseWatch Insurance.These cases are posted with the permission of Lexis.

Download ACCC Ins. Co. v. Carter and Dumas

Download Cargil, Inc. v. Ace American Ins. Co., et al.l

Download Jones v. General Insurance Co.

Download Matkin-Hoover Engineering, et al. v. Everest National Ins. Co.

Download Mississippi Phosphates Corp. v. Furnace and Tube Service, et al.

Download National Union Fire Ins. Co. v. Reichhold, et al.

Download Xiong and Burton v. Lincoln National

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U.S. Supreme Court Bars New Manville Asbestos Claims Against Insurer

Travelers Indem. Co. v. Bailey

(S. Ct. June 18, 2009)

 

The Supreme Court upheld a long-standing agreement among insurers, policyholders, and some claimants that allowed Travelers, an insurer of John-Manville Corp., to contribute insurance proceeds to a trust in exchange for immunity from future claims. The arrangement became a model for more than 40 other asbestos cases. Plaintiffs, however, sued Travelers, arguing that it broke consumer protection laws as well as common law by conspiring to hide the dangers of asbestos and failing to warn

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NJ Court Awards Counsel Fees to Prevailing Policyholder For Out of State Declaratory Judgment Actions

Myron Corp. v. Atlantic Mutual Ins. Corp., A-5528-07T2; App. Div. (Reisner, J.A.D.) (June 5, 2009)

Plaintiff policyholder obtained a commercial policy from defendant insurer. As part of the policyholder’s business, it sent various faxes to business throughout the country which prompted lawsuits against it for violation of a federal statute against junk faxes. The policyholder requested defense and indemnification from the insurer for the out-of-state lawsuits. The insurer defended the policyholder, but commenced two  declaratory judgment actions in Illinois seeking a declaration that there was no coverage under its

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Second Circuit Finds Insurer’s Decision Rejecting Life Insurance Benefits Arbitrary and Capricious

Cohen v. Metropolitan Life Ins. Co.

(2nd Cir., June 9, 2009)

The Second Circuit upheld a district court's ruling that an insurer’s denial of life insurance benefits was arbitrary and capricious.  The court, in upholding the district court's decision, concluded that its rationale that it had a “pre-existing condition” was questionable especially when one factors that the insurer was operating under an actual conflict of interest as both an administrator and fiduciary to the plan. 

 

The Second Circuit, however, finds that an award for

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