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New Zealand: Limited Liability Regime For New Zealand Domestic Carriers: Supreme Court Decision - DLA Phillips Fox

Thu, 19 Nov 2009 00:00:00 GMT

The strict liability/package limitation regime for domestic carriage in New Zealand limits liability to NZ$1,500 per ‘unit of goods’.

United States: North Carolina Extends Statute Of Repose For Product Defects To Twelve Years - Cozen O'Connor

Thu, 19 Nov 2009 00:00:00 GMT

Effective October 1, 2009, North Carolina's statute of repose for product defect claims increased from six years to twelve years for actions that accrue on or after October 1, 2009.

United States: The Affordable Health Care For America Act ("AHCAA") - Proskauer Rose LLP

Wed, 18 Nov 2009 00:00:00 GMT

The U.S. House of Representatives moved closer to an overhaul of the nation’s health care delivery system by passing the Affordable Health Care for America Act ("AHCAA" or the "Act") late in the evening of November 7, 2009.

Australia: Have The Responsible Service Of Liquor Obligations Been Diluted? - HopgoodGanim Lawyers

Wed, 18 Nov 2009 00:00:00 GMT

Do licensees need to take care to not serve customers who have passed a certain point of intoxication? According to a recent case in the High Court of Australia, they don’t - at least as far as a general common law duty of care goes.

United States: Crucial Transitional Relief Under the FDIC Securitization Safe Harbor - Mayer Brown

Mon, 16 Nov 2009 00:00:00 GMT

On November 12, 2009, the Board of the FDIC approved an interim rule that provides some crucial transitional relief relating to recent changes in US accounting standards for securitizations (see our June 22, 2009, Client Update "Big Changes to Securitization Accounting").

United Kingdom: LMX Spiral Claims - The End Of The Beginning Or The Beginning Of The End? - Holman Fenwick Willan LLP

Mon, 16 Nov 2009 00:00:00 GMT

The latest instalment in the series of cases arising out of the LMX spiral has produced a finding which is as unexpected and unwelcome in some quarters as it is celebrated in others.

Australia: No Need For Automatic Run-Off Cover For AFS Licensees From 1 January 2010 - Clayton Utz

Fri, 13 Nov 2009 00:00:00 GMT

The Australian Securities and Investments Commission has relieved holders of an Australian Financial Services Licence from the need to hold 12 months of automatic run-off cover as part of their professional indemnity insurance policies.

United States: The NAIC’s New Model Audit Rule: Is Your Organization Ready? - Sutherland Asbill & Brennan LLP

Thu, 12 Nov 2009 00:00:00 GMT

On January 1, 2010, the National Association of Insurance Commissioners (“NAIC”) 2006 amendments to its model regulation governing the submission of audited statutory financial statements by insurance companies, commonly known as the Model Audit Rule, will go into effect.

United Kingdom: Insurance: Equitas Victory In Landmark Decision: Use Of Actuarial Model In LMX Dispute - CMS Cameron McKenna LLP

Thu, 12 Nov 2009 00:00:00 GMT

A UK High Court Judge has ruled that Equitas, (Berkshire Hathaway’s run-off vehicle), may recover reinsurance losses based on modelled calculations of the LMX Brandywine spiral, setting an important legal precedent.

United States: Proposed Legislation Expands FDA Authority To Recall Contaminated Food - Cozen O'Connor

Thu, 12 Nov 2009 00:00:00 GMT

On October 22, 2009, the Senate Health, Education, Labor, and Pensions (“HELP”) Committee held a hearing about the proposed Food and Drug Administration Food Safety Modernization Act (“FDAFSMA” or “the Act”), S. 510.

United Kingdom: Arranging All Risk Insurance In The UK - Withers LLP

Wed, 11 Nov 2009 09:00:11 GMT

The UK Financial Services and Markets Act 2000 requires businesses arranging insurance for others to be authorized by the Financial Services Authority

United States: New Developments In Chinese Drywall Litigation - Proskauer Rose LLP

Wed, 11 Nov 2009 00:00:00 GMT

Last week, the interagency task force on Chinese drywall released the initial results of several studies it is overseeing.

United Kingdom: VAT On Insurance Business Transfers? - Holman Fenwick Willan LLP

Tue, 10 Nov 2009 09:00:10 GMT

As an example of how obscure cases in the European Court of Justice (ECJ) can have unexpected consequences, the decision of the ECJ in Swiss Re Germany Holding GmbH v Finanzamt München für Körperschaften on 22 October 2009 takes some beating.

United Kingdom: HFW Insurance & Reinsurance Bulletin - November 2009 - Holman Fenwick Willan LLP

Tue, 10 Nov 2009 00:00:00 GMT

On 18 September 2009 the Court sanctioned a transfer of insurance business concerning the affairs of the Commercial Union Life Assurance Company Limited (“CULAC”), CGNU Life Assurance Limited (“CGNU”), Norwich Union Life (RBS) Limited (“NUL”) and Aviva Life & Pensions UK Limited (“Aviva”).

Australia: Bailment: Boat Vandalised Whilst Left At Unsecured Mooring Overnight; Whether Repairer Took Reasonable Care. - Curwoods Lawyers

Fri, 06 Nov 2009 00:00:00 GMT

A repairer was held to be bailee of a boat, even where the bailor retained a key and the boat was left at an unsecured mooring.

Australia: Derailment Leads To Indemnity Claims - DLA Phillips Fox

Thu, 05 Nov 2009 00:00:00 GMT

The recent decision of the New South Wales Court of Appeal in Rail Corporation New South Wales v Fluor Australia Pty Ltd & Alpcross Pty Ltd [2009] NSWCA 344 provides a useful example of the duties owed between contracting parties to each other.

United States: Ground-Breaking Developments In Climate Change Nuisance Litigation - Cozen O'Connor

Wed, 04 Nov 2009 09:00:07 GMT

After a long lull in judicial activity, the one-month period between September 21 and October 16, 2009, provided a series of surprising and potentially explosive developments in global warming nuisance liability law.

United States: HITECH Act Breach Notification Rule - Barnes & Thornburg

Wed, 04 Nov 2009 00:00:00 GMT

This HIPAA Update provides a detailed description of the new breach notification requirements for HIPAA covered entities and business associates as required by interim final rule issued pursuant to the HITECH Act of 2009.

Canada: Ontario’s Hands-Free Cell Phone Law In Force - Osler, Hoskin & Harcourt LLP

Wed, 04 Nov 2009 00:00:00 GMT

As of October 26, 2009, Ontario's new "distracted driving" law will make it illegal for motorists to use hand-held wireless communication devices, or any hand-held electronic entertainment devices, while driving.

Australia: Protecting Policyholders - Financial Claims Scheme Modified - How The Changes Affect You - Gadens Lawyers

Tue, 03 Nov 2009 00:00:00 GMT

The Insurance Amendment Regulations 2009 (No.1) (Regulations) were released on 29 October 2009.

Australia: Status Report: Speno Rail v Metals & Minerals Insurance - Deacons

Tue, 03 Nov 2009 00:00:00 GMT

In our August 2009 edition of the Deacons Insurance Update, we reported on the Western Australian Court of Appeal’s decision in Speno Rail Maintenance Australia Pty Ltd v Metals & Minerals Insurance Pte Ltd

Australia: Where Does A Place Of Work Start And Finish? - Deacons

Tue, 03 Nov 2009 00:00:00 GMT

Mr Perera’s employer leased and occupied the fifth floor of a building. The leased premises included a common area immediately in front of shopfronts forming the façade of the ground floor of the building.

Australia: Concurrent Causes Of Loss – Wayne Tank Yet Again - Deacons

Tue, 03 Nov 2009 00:00:00 GMT

The Northern Territory Court of Appeal recently reviewed the Wayne Tank principle in a case where the loss resulted from more than one cause.

Australia: Driving Home From A Work Function Under The Influence Of Alcohol: In The Course Of Employment? - Deacons

Tue, 03 Nov 2009 00:00:00 GMT

The New South Wales Workers Compensation Commission recently considered a case regarding a claim for workers compensation by an employee, Camilla Scharrer (Ms Scharrer) who suffered severe injuries in a motor vehicle accident.

Australia: Unfair Terms In Insurance Contracts - A Storm In A Teacup? - Deacons

Tue, 03 Nov 2009 00:00:00 GMT

Section 15 of the Insurance Contracts Act 1984 (Cth) provides that a contract to which the Act applies is not capable of being made the subject of relief, under any other Act, in the form of judicial review on the ground that the contract is “harsh, oppressive, unconscionable, unjust, unfair or inequitable”.