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OCTOBER  29,  2019
 
 
 
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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.
 
 
 
 
 
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The workers’ compensation statute in many states provides that the workers’ compensation benefits received by an injured employee is the employee’s exclusive remedy.  The benefits are paid based on a no-fault basis and the injured employee is barred from bringing a lawsuit against his or her employer.  The degree in which the exclusive remedy provision applies varies in different jurisdictions.  More on Workers Compensation Immunity and Contractual Indemnity Here>
 
 
 
 
 
Jackson Lewis
A new California law requires large insurers to report on the demographics of their governing boards and the amounts they spend with businesses owned by minorities, women, LGBT individuals, veterans, and disabled veterans. Under the new law, Senate Bill 534 (SB 534), reporting will be required on a biennial basis beginning on July 1, 2020.
SB 534 permanently replaces and expands on the required disclosures under a previous law that expired on January 1, 2019. More on Large Insurers and Board Diversity Here>
 
 
 
 
 
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There are lots of cases discussing the production of reinsurance contracts and reinsurance communications in insurance coverage disputes.  Generally, the answer depends on the specific facts of the case.  Recently, in a coverage case based on headline events, a New York motion court upheld a referee’s order for production of both reinsurance contracts and reinsurance communications.  In Discover Property & Casualty Co. v. National Football League  a referee to supervise disclosure under CPLR 3104 in this insurance coverage dispute issued an order directing the insurers to produce their reinsurance contracts and communications between the insurers and their reinsurers about the underlying claim.  The underlying claim is the huge settlement entered into between the NFL and former NFL players over concussion and other related injuries, including CTE and MTBI (mild traumatic brain injury).   More on Reinsurance Dispute Litigation Here>
 
 
 
 
 
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A New York appellate court recently applied an “all sums” method, rather than pro rata, across successive policies for asbestos exposure losses. The court ruled that under New York law, the all sums approach was “generally required” under the 2016 Viking Pump, Inc. decision, 27 N.Y.3d 224, 260-61. In this case, the court also looked at the language of the specific excess policies at issue, which were follow-form policies that incorporated the non-cumulation clauses of the underlying policies issued by American Home Assurance Company.  More on New York Asbestos Litigation Here>
 
 
 
 
 
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