• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Reinsurance Focus

New reinsurance-related and arbitration developments from Carlton Fields

  • About
    • Events
  • Articles
    • Treaty Tips
    • Special Focus
    • Market
  • Contact
  • Exclusive Content
    • Blog Staff Picks
    • Cat Risks
    • Regulatory Modernization
    • Webinars
  • Subscribe
You are here: Home / Archives for Reinsurance Regulation

Reinsurance Regulation

Connecticut issues two regulatory pronouncements

December 12, 2006 by Carlton Fields

The Connecticut Insurance Department has issued a Bulletin (Number FS-4AR-06) relating to 2006 and 2007 financial filing requirements by accredited reinsurers, and a notice of intention to amend its regulations to delete a provision that relates to the disposition of the assets of a single beneficiary trust on the insolvency of the reinsurer/grantor.

Filed Under: Reinsurance Regulation

NAIC Task Force report on reinsurance collateral adopted

December 11, 2006 by Carlton Fields

Although there are not yet any minutes or summary posted on the NAIC's Internet site, news reports indicate that the NAIC's Reinsurance Task Force, by a vote of 15-5, has adopted the latest draft proposal to change the collateral rules for reinsurance. Additional information will be posted here as it becomes available. Read the news story. The proposal should now go to the NAIC's Financial Condition Committee.

Filed Under: Reinsurance Regulation, Reorganization and Liquidation, Week's Best Posts

NAIC reinsurance credit proposal and comments posted on NAIC Internet site

December 4, 2006 by Carlton Fields

The NAIC's Reinsurance Task Force has posted on its Internet page the proposal to change the present collateral-based reinsurance credit system to one based upon the financial strength of the reinsurer. Proposal to Grant Credit for Ceded Reinsurance, NAIC Reinsurance Evaluation Office (October 31, 2006 draft). Comments on the proposal have already been posted from 17 organizations, including the RAA, Lloyd's and the European Commission. Further comments may be found on the Task Force's Internet page.

Filed Under: Accounting for Reinsurance, Reinsurance Regulation, Week's Best Posts

UK Court denies claim over implementation of EEC Insurance Directive

November 28, 2006 by Carlton Fields

The UK Commercial Court, Queen's Bench Division, has entered an extensive opinion (with an accompanying Appendix), denying claims asserted by various Names against Her Majesty's Treasury, which alleged that the Names had suffered losses at Lloyd's due to the government’s failure appropriately to implement an EEC Insurance Directive (Directive 73/239/EEC). The Names contended that as a result of the failures in the implementation process, the “true IBNR” for US asbestos-related risks were not disclosed, resulting in the Names participating in the reinsurance of such risks, when they would not have done so had they known the “true IBNR” for such risks. Poole v. Her Majesty’s Treasury, [2006] EWHC 2731 (Comm.) (Nov. 8, 2006). The Court denied the claims on two bases: (1) the Insurance Directive did not grant any relevant rights to the Names; and (2) the claims were time barred.

Filed Under: Reinsurance Regulation, UK Court Opinions, Week's Best Posts

Insolvent insurer recoups claims payments made to insureds and retains reinsurance recovery for same claims

November 15, 2006 by Carlton Fields

The Utah Supreme Court has ruled on issues relating to whether payments received under various insurance and reinsurance agreements constituted voidable preferences under the Utah Insurers Rehabilitation and Liquidation Act, holding that the payments constituted voidable preferences. Wilcox v. Anchor Wate Co., Case No. 20050324 (Utah Nov. 3, 2006). An insurer had paid claims to its insured and received reimbursement from its reinsurers. The insurer was declared insolvent, and successfully recouped the claims payments it had made to its insured as a voidable preference, even though it had received reinsurance payments. The Court held that the insured had no right to the reinsurance proceeds, and that under the liquidation statute, the insolvent insurer could keep the reinsurance payments and recoup the claim payments it had made to its insured.

Filed Under: Reorganization and Liquidation

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 100
  • Page 101
  • Page 102
  • Page 103
  • Page 104
  • Interim pages omitted …
  • Page 107
  • Go to Next Page »

Primary Sidebar

Carlton Fields Logo

A blog focused on reinsurance and arbitration law and practice by the attorneys of Carlton Fields.

Focused Topics

Hot Topics

Read the results of Artemis’ latest survey of reinsurance market professionals concerning the state of the market and their intentions for 2019.

Recent Updates

Market (1/27/2019)
Articles (1/2/2019)

See our advanced search tips.

Subscribe

If you would like to receive updates to Reinsurance Focus® by email, visit our Subscription page.
© 2008–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · Disclaimers and Conditions of Use

Reinsurance Focus® is a registered service mark of Carlton Fields. All Rights Reserved.

Please send comments and questions to the Reinsurance Focus Administrators

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions.