The Insurance & Reinsurance Report

May 20, 2009 Industry News

Lloyd’s Obtains License to Increase Its Influence In Europe’s Ninth Largest Market

Reports circulating today indicate that Lloyd's has received an "establishment license" to expand its marketshare in Portugal. The agreement will specifically allow Lloyd's underwriters to appoint certain coverholders to assist them in writing additional policies in Portugal. Prior to the agreement, Lloyd's was writing approximately £17.m of non-life gross premiums in that country.

According to Jose Ribeiro, a director in Lloyd's International Marketing Division, Portugal is Europe's ninth largest market and, with the expansion, Lloyd is certain to increase its marketshare in that country and he would not be surpised if Lloyd's …

May 19, 2009 Reinsurance

Ohio Supreme Court Found Proposed Title Reinsurance Agreement Unenforceable

Olympic Holding Company L.L.C. v. ACE Limited et al

(May 7, 2009 Supreme Court of Ohio)

In a 4-2 decision, the Supreme Court of Ohio reversed the Ohio Court of Appeals, 10th Circuit, and found that a joint venture agreement between a title reinsurer and several title agencies does not comply with the Ohio Statute of Frauds and, as a result, imposed no fiduciary duties upon the parties.

This lawsuit was commenced shortly after the reinsurer failed to execute a proposed reinsurance/joint venture agreement regarding the creation …

May 19, 2009 Policy Conditions, Considerations, Construction, and Formation

Second Circuit Remands Lloyd’s Dispute on Policy Terms

Crucible Materials Corp v. Certain Underwiters at Lloyd's

(2d Circ. May 14, 2009 (New York))

The plaintiff insured alleged that defendant insurer breached an excess insurance contract insuring against property damage claims arising from the insured's manufacturing operations at 18 sites across the United States. Concluding that the insured failed to present evidence of the terms of the contract, the United States District Court New York granted summary judgment to the insurer. The district court based its decision awarding summary judgment in favor of the insurer on …

May 18, 2009 Policy Conditions, Considerations, Construction, and Formation

Renewal Premium Check Cashed After Expiry of First Policy Did Not Reinstate Prior Policy, But Formed New One

Hartland v. Progressive County Mutual Insurance CompanyUT

( Ct. App. Texas, April 23, 2009)

The policyholder sent a renewal premium check after the policy expired. The insurer accepted the check, and issued a revised renewal declarations page listing the date the check was received as the inception date of the renewed polcy. The policyholder argued that the acceptance of the check formed a contract under the terms of the original renewal policy, and coverage was uninterrupted. Rejecting that argument, the court held …

May 18, 2009 Industry News

Life Insurers Approved for Treasury Funds

At least four U.S. insurers won approval on Thursday to raise billions of dollars through the government's bank bailout plan, the U.S. Treasury Department said.

Hartford Financial , the No. 4 U.S. insurer and beset by worries about capital, got preliminary approval to raise $3.4 billion via the Troubled Assets Relief Program, known as TARP.

Three other insurers that also secured a greenlight included Prudential Financial Inc Lincoln National Corp., and the Principal Financial Group a Treasury spokesman said.

The Wall Street Journal reported that …

May 17, 2009 Life, Health, Disability & ERISA

IRS Issues “Stranger Owned Life Insurance” Rules

The Internal Revenue Service (“IRS”) issued two Revenue Rulings on May 1, 2009, addressing certain tax aspects of sales and surrenders of life insurance policies: Rev. Rul. 2009-13 and Rev. Rul. 2009-14. These rulings resolve some longstanding questions regarding sales of life insurance policies and in many respects are consistent with life settlement industry expectations.

www.irs.gov/pub/irs-drop/rr-09-13.pdf

www.irs.gov/pub/irs-drop/rr-09-14.pdf

By Daniel W. Gerber and Kimberly E. Whistler

https://www.goldbergsegalla.com/attorneys/Gerber.html

https://www.goldbergsegalla.com/attorneys/Whistler.html

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May 17, 2009 Excess Insurance

Rectification of insurance policies

Dunlop Haywards (DHL) Ltd (2) Erinaceous Commercial Property Services Ltd -v- Erinaceous Insurance Services Ltd and (1) Lockton Companies International Ltd (2) MSI Corporate Capital Ltd & Others, [2009] EWCA Civ 354.8 (April 28, 2009)

The Court of Appeal considered the factual matters which may be taken into account by the courts in claims for rectification of insurance policies. The claimant insured alleged failure by the broker to arrange effective excess insurance coverage for the insured. An application was made by the defendant broker for …

May 17, 2009 Occurrence

“Continuous Trigger” Theory Applies Separately to Each Policyholder

Franklin Mutual Ins. Co. v. Metropolitan Property & Casualty Ins. Co..

(N.J. App., April 17, 2009)

A property insurer sought pro-rata reimbursement from a policyholder’s previous insurer following payment for environmental contamination from an underground heating oil tank. The contamination occurred continuously during both policy’s effective periods as well as a period of ownership by previous owner. The court held that, under New Jersey’s “continuous trigger” theory, the pro-rata formula is applied separately to each individual policyholder and not collectively to all policies …

May 17, 2009 Occurrence

Occurrence Determined by Cause of Injury, Rather Than Injury Itself

Budway Enterprises, Inc. v. Federal Ins. Co.

(C.D. Cal., April 14, 2009)

The plaintiff failed to allege facts showing there were two separate causes of theft resulting in loss of two aluminum shipments, with separate Bills of Lading and separate delivery numbers, loaded into two separate tractor-trailers. Accordingly, the insurer did not breach the insurance contract by applying the $100,000 per occurrence policy limit.

By Richard J. Cohen and Carrie P. Appler

https://www.goldbergsegalla.com/attorneys/Cohen.html

https://www.goldbergsegalla.com/attorneys/Appler.html

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May 16, 2009 Reinsurance

SOUTHERN DISTRICT OF NEW YORK ALLOWS CEDENT’S SUCCESSOR TO ASSERT NEW CAUSES OF ACTION INVOVLING DIFFERENT TRANSACTIONS AGAINST THE REINSURER

TIG INSURANCE CO. V. CENTURY INDEMNITY CO.

(CIVIL ACTION NO.: 08-CV-7322, April 8, 2009)

The cedent’s successor-in-interest filed this action against the reinsurer stating that the reinsurer breached the terms and conditions of several facultative reinsurance contracts. Specifically, the complaint alleges that the named reinsurance contracts specifically provided coverage to the cedent’s predecessor on a policy of excess liability insurance issued by the cedent’s predecessor to the insured. Upon settling the underlying action, cedent’s successor-in-interest is seeking coverage under the reinsurance contracts.

Cedent’s successor-in-interest filed …