Tuesday, October 24, 2017
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

Category: Insurance Regulation

Insurers Take Note :: Texas Prompt Payment Act’s Bite IS as Big as its Bark

When an insurance company fails to act in accordance with deadlines established by the Texas Prompt Payment of Claims Act, it faces stiff consequences—specifically, 18% penalty interest on amounts owed to the insured.

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Policyholders Should Not Mourn the Death of SB 1628

Failing to make the cut for the May 26th House calendar, Senate Bill 1628 is dead.  
 

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Texas Bill Would Harm Insurance Policyholders

A bill now pending before the Texas Legislature would dilute the incentive for insurers to do the right thing, predicts Amy Kincaid Berry, Of Counsel at Dallas’ Amy Stewart Law. By revising sections of the Texas Insurance Code that penalize insurance companies for making late or insufficient payments to policyholders, Senate Bill 1628 would “remove significant consequences for bad behavior,” Berry says.

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When is a Breach Not a Breach? Greene v. Farmers Ins. Exch. and the SCOT’s Continuing Debate over the Material-Breach Rule

Last summer, the Texas Supreme Court’s decision in Greene v. Farmers Ins. Exchange, 2014 TEX. LEXIS 757 (Tex. 2014) left many of us scratching our heads. In Greene, the Court reached the surprising conclusion – at odds with prior rulings – that the vacancy clause of a Texas homeowners policy is not “breached” by the insured’s failure to occupy the residence premises, because it does not confer an obligation upon the insured to occupy the property, but merely defines the scope of what the policy insures.

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Government-backed Terrorism Insurance is Available through 2020

Congress wasted no time approving the Terrorism Risk Reauthorization Act of 2015 (TRIA 2015), making it the first piece of legislation signed by President Obama in 2015. TRIA 2015 provides federal reinsurance backstop for losses resulting from terrorism. It was originally designed to stabilize the market for terrorism insurance after the distress caused to reinsurers by the catastrophic losses after 9/11.

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Red Alert on Terrorism Insurance

With insured losses reaching a record $23 billion as a result of the 9/11 attacks, businesses were unable to purchase insurance protection against future terrorist events. This left significant sectors of the economy vulnerable, including the real estate, transportation, construction, energy and utility industries. As a result, in 2002, Congress enacted the Terrorism Risk Insurance Act (“TRIA”) as government-backed reinsurance to insurance companies following a declared terrorism event. TRIA provides terrorism insurance accessibility to businesses by requiring business insurers to offer terrorism coverage for the types of claims experienced in the 9/11 attacks.

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All I Want for Christmas is a Drone!

I buy my son a remote-controlled helicopter every Christmas. It’s just one of many quirky traditions in my family. Because my son is now officially an adult (if 30 years old qualifies as adulthood), I thought he might enjoy an upgrade this year. So, I investigated drones. I was surprised to find a varied selection of drones equipped with different technological abilities like high-powered cameras, infrared sensors, facial recognition technology, license plate readers, and complex autonomous anti-collision systems. 

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Recent Airline Disasters May Have Private Carriers and Reinsurers on the Run

In the wake of the two recent Malaysia Airlines tragedies and escalating global conflicts, speculation is swirling on the international front about the future of aviation insurance. While standard aviation hull and liability insurance applies to airline accidents caused by pilot error or aircraft safety issues, war risk insurance kicks in when an airline mishap is caused by an act of war or terrorism, as in the case of the MH17 Malaysia Airlines crash and the shelling of Libya’s main airport just over a week ago.

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Lions and Tigers and Increased Federal Oversight of the Insurance Industry, Oh My!

Among other wailing and teeth-gnashing in the wake of President Obama’s re-election are industry predictions that insurance companies will be subject to enhanced federal oversight during the second term. Based on early reactions, the federal microscope seems to be most unwelcome.

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Amy Stewart Presents ‘Insurance 101’ to DBA Corporate Counsel Section

Amy Elizabeth Stewart, of Dallas’ Amy Stewart PC, will present “Insurance 101: Fundamentals of Liability Insurance for In-House Counsel” to the Dallas Bar Asociation’s Corporate Counsel Section on Tuesday, Nov. 6 at noon at the Belo Mansion, 2101 Ross Ave. The one-hour presentation provides one hour of MCLE credit. There is no charge for DBA members, although there is a lunch buffet available for purchase. Non-members must pay a fee in order to receive MCLE credit. For more info ...

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FIO Reports on Back Burner Until Polls Close

For those of you waiting breathlessly for the Federal Insurance Office’s reports on reinsurance and insurance regulation, you may want to find a comfortable chair. Some analysts predict the overdue reports probably won’t be coming out until after the November election. Apparently, nobody is looking to alienate state regulators or the insurance industry at this delicate time. Why poke a bear if you don’t have to? Nevermind that these reports were due month ...

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AIG Officially 'Too Big to Fail'?

Insurance giant AIG, the company that gave us the “too-big-to-fail” ethos in the first place, was notified by the feds this week that it may officially be deemed too big to fail and, thus, subject to enhanced scrutiny and regulatory oversight. In the wake of the 2008 financial crisis, “too big to fail” is the nomenclature commonly applied to banks and other financial institutions the failure of which would significantly threaten the United States' financial stabil ...

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Dodd-Frank: Expectations vs. Reality

Since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 nearly two years ago, corporate policyholders and industry insiders alike have anticipated its impact on the insurance industry.  Among other measures, the unprecedented financial reform law mandated significant federal regulation of insurance, created generous incentives for whistleblowers that provide quality information regarding potential securities violations, imposed aggressive pe ...

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Federal Insurance Office :: First Report to Congress Two Months Overdue

Among other sweeping reforms designed to mitigate against the next financial crisis, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) created the first federal regulatory agency focused on insurance, an industry historically subject primarily to state regulation under the McCarren-Ferguson Act of 1945.  Undoubtedly prompted by the near-failure of insurance giant AIG, the Federal Insurance Office Act of 2010 established the Federal Insurance Office (FIO) within the U. ...

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Please visit our web site at www.amystewartlaw.com.
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Amy Stewart Law is a boutique law firm that represents policyholders in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.


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  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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