The National Law Review
 
 
 
SEPTEMBER 10, 2018
 
 
 
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Insurance & Reinsurance News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no login to access the database and new articles are added hourly. Check out the National Law Review's Insurance Page for the latest coverage.
 
 
 
 
 
Godfrey Kahn
In many commercial endeavors, such as installing new production lines, constructing new buildings or transporting goods, the risk of injury or property damage is present. Companies understandably want to limit their exposure to such risks.  Two common devices utilized to manage such risks are (1) indemnification agreements and (2) agreements to procure “additional insured” insurance coverage. These tools, while undeniably useful, also present challenges for attorneys and business owners during the drafting process.   More on Drafting Effective Contractual Risk Transfer Provisions Here>
 
 
 
 
 
K
In Triple H Family L.P. v. Jerry Neal , C.A. No. 12294-VCMR (Del. Ch. July 31, 2018), the Delaware Court of Chancery held that the member-manager of Omni Insurance Group, LLC (“Omni”) breached his fiduciary duties to the company when he misled Omni’s largest customer about lapses in the customer’s insurance coverage. Additionally, the court held that although the other member of Omni owed fiduciary duties to Omni as a de facto manager, that member did not breach his fiduciary duties when he directed business away from Omni after the parties had already agreed to dissolve.   More on Court Decision Here>
 
 
 
 
 
Drinker Biddle
The California Department of Insurance (CDI) issued a legal opinion (“Opinion”) on August 10 requiring underwriting rules included in property and casualty (P&C) rate applications to be made public, even if such rules contain confidential and/or proprietary information. The Opinion, which we understand was issued to avert consumer litigation against the CDI, could have far-reaching effects on the P&C market in California and beyond, particularly for InsurTech innovation.   More on CA Underwriting Rules Here>
 
 
 
 
 
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