Bill O’Neill, Jenna Tyrpak, Michael T. Carolan, Thomas J. Kinney | Troutman Pepper All questions Insurance and reinsurance law i Sources of law Each state has both statutory and common law applicable to insurance issues. State common law is a significant source of law for the purpose of resolving disputes. In broad terms, it applies… Continue reading In Review: the Essentials of Insurance and Reinsurance Law in USA
Category: Insurance
Implementing “Highly Protected Risk” Programs Will Lower Property Insurance Costs
John Canepa, Sr. | Woodruff Sawyer “Highly protected risk” (HPR) is an insurance industry term referring to a risk that has been controlled and managed through various measures. The International Risk Management Institute describes a as one that is subject to a much lower than normal probability of loss. This could be by virtue of… Continue reading Implementing “Highly Protected Risk” Programs Will Lower Property Insurance Costs
Lead Paint Litigation Raises Coverage Questions for Policyholders
Robert Tugander | Rivkin Radler State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids. And this theory is being tested in climate change cases against energy companies. As new legal theories and… Continue reading Lead Paint Litigation Raises Coverage Questions for Policyholders
Awarding Insurer Summary Judgment Before Discovery Completed Reversed
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal reversed the trial court’s awarding of summary judgment to the insurer because discovery was not completed. Sacramento v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 4292 (Fla. Ct. App. June 22, 2022). The insured filed a claim under the… Continue reading Awarding Insurer Summary Judgment Before Discovery Completed Reversed
Surety Liability Under the False Claims Act
Edward V. Arnold | Seyfarth The federal Miller Act requires government construction contracts over $100,000 to be bonded. This process involves insurance companies, known as “sureties,” who issue payment or performance bonds to contractors, who in turn furnish the required bonds to the federal government. The bonds guarantee that the contractor will comply with the… Continue reading Surety Liability Under the False Claims Act