Insurance Litigation & Regulatory Law Blog

Recent Posts from Insurance Litigation & Regulatory Law Blog

• Commissioner Poizner Diligent in Rejecting Any Requested Increase in the Workers' Compensation Claims Cost Benchmark

  Insurance Commissioner Steve Poizner today once again rejected a rate application from the Workers’ Compensation Insurance Rating Bureau (WCIRB) to raise the Workers’ Compensation Claims Cost Benchmark. After rejecting a slightly larger increase request in July…

• California Appellate Court Clarifies Issues Raised in Tobacco II

  A California Court of Appeal decision published on October 28, 2009, analyzes whether UCL “standing” rules announced by the California Supreme Court in In re Tobacco II Cases, 46 Cal. 4th 298 (2009), carry over…

• California Insurance Commissioner Announces New "Pay-As-You-Drive" Rating Option

  Effective immediately, insurers may offer a verified actual mileage option instead of, or in addition to, the estimated mileage program that traditionally has been used in determining automobile insurance premiums in California. Specifically, for purposes of…

• Court of Appeal Hands UCL Win to Plaintiffs, Shrinks Impact of Moradi-Shalal

  A recent ruling by the California Court of Appeal in a UCL action will likely lead to a showdown in the California Supreme Court over the reach of Moradi-Shalal v. Fireman’s Fund Ins. Cos., 46…

• New Decision on Arbitrators' Authority

  Recent Barger & Wolen Victory Answers Who Decides What to Do After Hall Street by Evan L. Smoak and Alison J. Shilling In March 2008, the United States Supreme Court held that parties may not…

• Staying an Insurer's Declaratory Relief Action - the Rules Clarified

  A recent decision issued by the California Court of Appeal, Second Appellate District, analyzed under what circumstances a liability insurer’s declaratory relief action seeking to withdraw from the duty to defend an underlying lawsuit may…

• Iranian Data Call ... What Next?

  By Robert W. Hogeboom On July 9, 2009, the California Department of Insurance (CDI) issued a Data Call to all insurers admitted in California seeking information on their investments in or related to Iran. The information…

• More on Harvey Rosenfield's Initiative to Prohibit Broker and Installment Fees

  By Robert W. Hogeboom This Alert follows our Client Alert of September 4, 2009, Harvey Rosenfield Seeks Initiative to Prohibit Broker and Installment Fees. Harvey Rosenfield’s proposed initiative, Stop Insurance Overcharges Act (pdf), of September…

• 24-Hour Health Coverage Draws Industry Fire

  An amendment introduced by Sen. Jay Rockefeller, D-W.Va. to require “24-hour health coverage”* has drawn industry fire, according to an article, Another Health Care Amendment Draws P&C Industry Fire, by Arthur D. Postal. In a…

• Producer Groups Critical of Proposed New York Producer Compensation Transparency Regulation

  Certain producer group representatives have publicly criticized the current version of the proposed Producer Compensation Transparency Regulation (the “Proposed Regulation”) that was forwarded recently by the New York Insurance Department (“NYID”) to the Governor’s Office…