Archive for the ‘SPECIAL FOCUS’ Category.

SPECIAL FOCUS: THE BENEFITS OF CAT BONDS FOR CEDING INSURERS

In this Special Focus piece, entitled “The Benefits of Cat Bonds for Ceding Insurers and the Potential for Life and Annuity Risk Bonds,” Rollie Goss compares the relative advantages of catastrophe bonds over traditional reinsurance, as well as the developing market for transfer of life and annuity risks.

This post written by Rollie Goss.

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SPECIAL FOCUS: REVISITING AT&T v. CONCEPCION: CAN YOU HEAR ME NOW?

Following the Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, many courts have found that the Federal Arbitration Act preempts unconscionability challenges. In this Special Focus, John Pitblado addresses cases which distinguish Concepcion and refuse to compel arbitration.

This post written by Brian Perryman.

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SPECIAL FOCUS: SOLVENCY INITIATIVES IN THE US AND THE EU

The European Union’s Solvency II initiative has received considerable trade press exposure, but the NAIC’s Solvency Modernization Initiative has received less attention. Learn about the general outlines of these initiatives in our Special Focus article, Solvency Ho! An Update on U.S. and European Solvency Initiatives.

This post written by John Pitblado.

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LEVELING THE PLAYING FIELD: NAIC FINANCIAL CONDITION (E) COMMITTEE ADOPTS REVISIONS TO CREDIT FOR REINSURANCE MODELS

The NAIC’s Financial Condition (E) Committee has adopted revisions to the NAIC Credit for Reinsurance Model Law (#785) and Credit for Reinsurance Model Regulation (#786). In this edition of Special Focus, Tony Cicchetti discusses the revisions’ ramifications for reinsurance regulation.

This post written by Anthony Cicchetti.

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SPECIAL FOCUS: PROMPT NOTICE IN REINSURANCE CLAIMS

Did you know that the notice/prejudice rules vary from state to state, and may be different for direct insurance and reinsurance claims? These rules may lead to unexpected burdens of proof and unexpected results. Special Focus Editor John Pitblado sorts out the rules in this area in a Special Focus article that recently appeared in Mealey’s Reinsurance titled: Pride and Prejudice: Prompt Notice in Reinsurance Claims.

This post written by John Pitblado.

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SPECIAL FOCUS: MULTI-STATE SURPLUS LINES RISKS: WILL THERE BE MEANINGFUL TAX-SHARING AMONG THE STATES?

The Nonadmitted and Reinsurance Reform Act, a piece of the Dodd-Frank Wall Street Reform and Consumer Protection Act, contemplates tax sharing agreements among the states to facilitate the equitable distribution of surplus lines premium tax revenues. In this Special Focus article, Karen Benson discusses how those agreements have largely failed to manifest.

This post written by Karen Benson.

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UNCONSCIONABILITY DOCTRINE PREEMPTED BY FAA

In a Special Focus analysis, we profile the long-awaited Supreme Court decision in AT&T v. Concepcion, which holds that the Federal Arbitration Act prohibits states from conditioning the enforceability of an arbitration agreement on the availability of class wide arbitration procedures. AT&T v. Concepcion, No. 09-893 (US Apr. 27, 2011).

This post written by John Black.

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SPECIAL FOCUS: INSURANCE LINKED SECURITIES UPDATE 2011: JAPAN EARTHQUAKE TESTS MARKET

The recent earthquake and tsunami in Japan have roiled the reinsurance markets. In this Special Focus article, John Pitblado examines some of the ensuing bond issues the industry will want to watch carefully.

This post written by John Pitblado.

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DODD-FRANK ACT IMPLEMENTATION

Those in the insurance sector may have a much better idea of how the Dodd-Frank Act may affect them soon, as the implementation of the Act continues, and rulemaking is starting to specify some of the requirements of the Act. With this post, we offer a Special Focus article which provides a high level review of relevant recent activities. For further detail, or for advice on particular needs, contact a member of our blog staff.

This post written by Rollie Goss.

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SPECIAL FOCUS: SEVENTH CIRCUIT COURT BRINGS DOWN CURTAIN ON PRE-AWARD CHALLENGE TO ARBITRATOR PARTIALITY

What happens when an arbitrator is asked to further arbitrate an alleged fraud committed in a prior arbitration in which the same arbitrator presided? In this Special Focus, John Pitblado examines a recent Seventh Circuit decision holding that knowledge acquired in a prior reinsurance arbitration about an alleged failure to disclose material documents did not render the arbitrator impartial, since an arbitration need not follow the pattern of jury trials.

This post written by John Pitblado.

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