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McDermott Will & Emery

Complying With the ‘Relevant Data’ Requirement Under the Final 2024 Mental Health Parity and Addiction Equity Act: A Proposal for...

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The Mental Health Parity and Addiction Equity Act (MHPAEA) generally requires group health plans and health insurance issuers to ensure that financial requirements (such as copays and deductibles), quantitative treatment...more

Sheppard Mullin Richter & Hampton LLP

Artificial Intelligence Infiltrating Healthcare in Illinois and its Effects on Insurers

On November 25, 2024, the Illinois State Legislature introduced House Bill 5918 IL HB5918, the Artificial Intelligence Systems Use in Health Insurance Act (“AI Act”). It provides the Illinois Department of Insurance (the...more

Latham & Watkins LLP

UK Regulators Consult on New Reporting Requirements for Operational Incidents and Use of Material Third Parties

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On 13 December 2024, the FCA and the PRA published linked Consultation Papers on operational incident and third-party reporting (FCA CP24/28 and PRA CP17/24). The consultations aim to create a structured framework for...more

Wiley Rein LLP

Illinois Appellate Court Holds Interrelated Wrongful Acts Provision and Prior and Pending Litigation Exclusion Bar Coverage

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The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy’s...more

Hogan Lovells

Captive audience: Will the UK's new captive insurance regime attract global attention?

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On 14 November 2024, Chancellor of the Exchequer Rachel Reeves announced the launch of a three-month consultation on the regulatory regime for UK-domiciled captives. The consultation seeks a broad range of market feedback on...more

Woodruff Sawyer

Non-Owned Aircraft Insurance: What You Need to Know

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When your company uses non-owned aircraft, such as when chartering a plane or permitting employees to operate owned or rented planes on company business, what do you need to think about? Do you need to do anything to manage...more

Wiley Rein LLP

Cyber Risks and Insurance 2025 Forecast

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As we prepare to close the books on another eventful year in the cyber and privacy space, Wiley’s cyber insurance team is already making predictions for 2025. Q: So, let’s get right into it – based on your experience this...more

Sheppard Mullin Richter & Hampton LLP

The California Court of Appeal Interprets the Meaning of “Care, Custody, or Control” in the Context of an Abuse or Molestation...

In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages...more

J.S. Held

Forensic Meteorology in Insurance: How Do Certified Consulting Meteorologists Help with Storm Damage Claims & Disputes?

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Introduction: Three Key Components of Storm Damage Claims - Professional meteorology, as it relates to insurance claims handling and the litigation process, is becoming increasingly recognized, and the employment of...more

Guidepost Solutions LLC

The Hidden Dangers of Unregulated AI: How Governance Protects Your Business

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A recent survey by Compliance Week revealed that nearly 70 percent of organizations use AI, but do not have adequate AI governance. This is shocking. But the most alarming part is that these organizations do not perceive that...more

Ballard Spahr LLP

NFIP’s authorization to write new policies will expire Dec. 20

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The National Flood Insurance Program’s authorization to write new policies will expire December 20, unless Congress acts to extend it....more

Proskauer - Employee Benefits & Executive...

Down to the Wire: Will We Have HSA with Pre-Deductible Telehealth in 2025?

The telehealth services safe harbor for high deductible health plans (“HDHPs”) will expire for plan years starting on or after January 1, 2025, absent Congress passing legislation extending or making the safe harbor...more

Stikeman Elliott LLP

FSRA Releases Review of Managing General Agents in Ontario’s P&C Insurance Marketplace

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On December 10, 2024, Ontario’s Financial Services Regulatory Authority (“FSRA”) released its review of the role of Managing General Agents (“MGAs”) in Ontario’s property and casualty (“P&C”) insurance market (the “Review”)....more

Robinson+Cole Construction Law Zone

Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies

In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage...more

Zelle  LLP

Stowers Demands: the Gift that Keeps on Giving

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For this holiday season, we’re looking at a recent case out of Texas that operates as a small gift for insurers, which provides a relatively bright-line rule for future Stowers analyses. As we have previously written, while...more

Zelle  LLP

Is Your War Exclusion Fit for Purpose?

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As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Historically, a war was a physical conflict between two or...more

Zelle  LLP

Federal Court Correctly Concludes that a Simple Disagreement Between Experts Does Not Support a Claim for the Breach of the Duty...

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U.S. District Court Xavier Rodriguez of the United States District Court for the Western District of Texas recently issued a decision granting summary judgment for an insurance carrier in a first-party case involving alleged...more

Zelle  LLP

Appraisal Panel Acted Within its Rights when Considering Causation

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The Southern District of Texas recently denied an insured’s Motion to Set Aside the Appraisal Award after the Appraisal Panel considered causation relating to the damages claimed by the insured. In Rios v. Homesite...more

Zelle  LLP

AI Update: AI and Insurance - Predictions for 2025

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As set forth in the prior articles in the AI Update column of the Lonestar Lowdown, the insurance industry has adopted and implemented Artificial Intelligence in numerous ways. As this trend continues, Insurance Newsnet has...more

Zelle  LLP

The Zelle Lonestar Lowdown Issue 20 - December 2024

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Welcome to The Zelle Lonestar Lowdown, our monthly newsletter bringing you relevant and up-to-date news concerning Texas first-party property insurance law. Inside this Issue: - Todd Tippett’s Top Ten Consultants an...more

Husch Blackwell LLP

American Tort Reform’s 2025 Top 10 “Judicial Hellholes” for Defendants

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Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more

Woodruff Sawyer

Compliance Checklist for 2024 Year-End

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With the 2024 election results freshly behind us, many employers are now wondering how that might impact their employee benefit plans. However, before we can focus on expectations for the next administration, health plan...more

McGuireWoods LLP

North Carolina Supreme Court Unlocks the Door to COVID-19 Business Interruption Coverage, Holding that Pandemic-Era Restrictions...

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Last week, the North Carolina Supreme Court issued its long-awaited ruling in North State Deli, LLC v. The Cincinnati Insurance Company, siding with a group of North Carolina restaurants that sought business interruption...more

Locke Lord LLP

Artificial Intelligence State Insurance Regulation: A Year in Review

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Much of the activity surrounding the state insurance regulation of artificial intelligence (“AI”) in the insurance industry this year was prompted by the NAIC Model Bulletin: Use of Artificial Intelligence Systems by Insurers...more

Rivkin Radler LLP

December 2024 Insurance Update

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There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

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