InSure November 2008
This month's roundup of developments affecting the insurance industry sees ECOFIN approving the Solvency II framework directive, a further investigation by the CC into the PPI market, plans to deregulate Lloyd's of London......
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Insurance and Reinsurance Bulletin No. 79 |
October 2008
Recent case law and regulatory updates from the main global insurance and reinsurance jurisdictions including the UK, the US, France, Spain, Italy and Latin America.
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London Market newsletter October 2008
In this month's issue:
- Summary judgment refused in CCC dispute;
- English Court refuses stay in Greek binder dispute;
- Court strikes out at Names' claim;
- Arbitration clause not affected by Service of Suit Clause;
- Equitas fail in pursuit of costs;
- English Court rejects stay in Common Account XOL dispute.
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Run-Off Newsletter - October 2008
Transfers of reinsurance business in Spain and Sweden
In this update Clyde & Co continue their series of reports on the Reinsurance Directive and how it is operating in other European countries, with particular emphasis on the process for transferring portfolios of business.
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InSure October 2008
This month's edition sees the FSA kick off the implementation of Solvency II, plans for a new VAT regime for insurers, the FSA publishing examples of treating customers fairly, McCreevy talking about group supervision......
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Wire - October 2008
Over the last years a large number of EU insurers have incorporated a branch office in Spain. This number continues growing not only for insurance companies, but also for insurance intermediaries which, following the implementation of the Insurance Mediation Directive, now benefit from the “single licence” system by way of the freedom of establishment route.
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Insured Interest Autumn 2008 |
Insured Interest Autumn 2008
- Is the UK insurance industry treating its customers fairly?
- FSA fine for failure to protect against identity fraud;
- Could hybrid capital change the face of mutuality?
- Fragmentation the new consolidation for brokers?
- The devil's dictionary.
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October 2008A bilingual supplement by Run Off & Restructuring on run-off services in Germany / Deutschland.
- What is behind the German insurance market's change in approach to its run-off?
- What are the significant legal implications for German insurers looking to transfer or restructure their run-off portfolios?
- A report on the wide range of views within the German insurance market as to how run-off should be handled;
- How the German run-off service provider GLOBAL Re came into existence and the implications for the rest of the market.
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KPMG Run-Off Survey - Non-Life Insurance 2008 |
October 2008
"This valuable survey is now something of an institution. Observers of the legacy insurance and reinsurance market (and it is indeed a market, with an ever-increasing volume of trading in its commodities) have charted, through its meticulous and detailed annual analysis of the volume and characteristics of discontinued UK non-life business, the waxing and now the apparent waning of the run-off sector. For a view of the history of UK run-off, an analysis of its current state and an educated look at future trends, the KPMG Run-Off Survey – Non-Life is without rival".
Philip Grant
Chairman, ARC
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Bound By Exclusive Jurisdiction |

Client Alert - October 2008
This July saw the Commercial Court in Equitas Limited v Allstate Insurance Company dismissing the Defendant's application for a stay pending the outcome of a Texas arbitration, where there was an exclusive English jurisdiction clause in the disputed commutation agreement.
Allstate Insurance Company Limited ("Allstate") entered into a commutation agreement with Equitas Limited ("Equitas") ("Commutation Agreement") which provided for the valuation, payment and complete discharge of all "Reinsurance Agreements" made between Equitas and Allstar.
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TCF Survey Report Sept 2008 |
Is the insurance industry treating its customers fairly?
The FSA's Treating Customers Fairly regime is a fixed topic on the agendas of authorised insurance firms. Having met March's target of generating management information, the next regulatory hurdle for firms is to be able to demonstrate that customers are consistently treated fairly; a target that needs to be met by December 2008.
The insurance market is working hard to ensure the December deadline is met. Moore Stephens believes insurance firms will benefit from benchmarking their TCF implementation.
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Client Alert - September 2008
Many US institutions and authorities have long seen a service of suit clause as a mechanism by which the reinsurer agrees to submit to any court of competent jurisdiction in the US to provide a legal basis for the enforcement of arbitration awards. For the purposes of gaining US jurisdiction against the reinsurer, they are also required to name an agent to accept process service. This ensures that even though the insurer may not be licensed in most states in the US, a US Court will have personal jurisdiction over them. However, parties often come into dispute over the application of such clauses.
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