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Florida Department adopts new regulations for financing of Hurricane Catastrophe Fund

November 10, 2006 by Carlton Fields

The Florida Office of Insurance has adopted new regulations providing for the issuance of bonds to help finance the Florida Hurricane Catastrophe Fund.

Filed Under: Reinsurance Regulation

Colorado revamps reinsurance regulations in response to finite reinsurance concerns and adopts regs for nonadmitted insurers

November 9, 2006 by Carlton Fields

The Colorado Division of Insurance has adopted a comprehensive revision of its regulations with respect to finite reinsurance transactions. The revisions include the repeal of existing regulations regarding Ceding Reinsurance Agreements, new regulations for Credit for Reinsurance, new regulations for Life and Health Reinsurance Agreements, and new regulations for Property and Casualty Reinsurance Agreements. Separately, the Division also adopted regulations establishing standards regarding the placement of insurance by producers and the qualification of insurers pursuant to the Colorado Nonadmitted Insurance Act.

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

Pennsylvania court rules on letter of credit posted by cedent

November 8, 2006 by Carlton Fields

A Pennsylvania court has ruled in a dispute over the sufficiency of a letter of credit posted by a cedent and draws on that instrument. The state court's opinion is available through Mealey's. Eastern Atlantic Ins. Co. v. Swiss Reinsurance America Corp., No. 2004 cv 5514 (Pa. Comm. Pls. Dauphin Co.). There had been a parallel action in federal court, in which the Court abstained to permit the state court to adjudicate the disputes. Eastern Atlantic Ins. Co. v. Swiss Reinsurance America Corp., Case No. 04-1555 (M.D. Pa. Dec. 16, 2004).

Filed Under: Contract Interpretation, Reinsurance Claims

UK court rejects claims against reinsurance broker relating to film financing and production

November 7, 2006 by Carlton Fields

The UK Commercial Court has rejected a claim against a reinsurance broker which placed reinsurance for coverage of risks relating to the financing and production of motion pictures. When the reinsurers successfully contested claims, the reinsured sued the broker, alleging negligence in the placement of the reinsurance. The Court rejected the claims, holding that the reinsured had failed to prove, inter alia, that the loss for which it sought compensation had been caused by a breach of duty by the reinsurance broker. HIH Cas. and General Ins. Ltd. v. JLT Risk Solutions Ltd., [2006] EWHC 485 (Comm. Ct. Mar. 15, 2006).

Filed Under: Brokers / Underwriters

SEC files civil action against RenRe executives relating to finite reinsurance transactions

November 6, 2006 by Carlton Fields

The SEC has filed a civil action against three former executives of Renaissance Reinsurance Ltd., alleging that they were involved in fraudulent finite reinsurance transactions to improve the company's financial statements and earnings. The case was filed in the Southern District of New York. SEC v. Stanard, Merritt and Cash, Case No. 06-7736 (Sept. 27, 2006).

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

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