Current Issue Spring 2010 - Download a PDF LETTER FROM WASHINGTON - Why Congress Needs to Amend the Liability Risk Retention Act By Robert H. Myers, Jr. PLAYER’S POINT - TRIA: Don't Change It; Clone It. By Thomas A. Player HASSETT’S OBJECTIONS - "Pretty Soon You're Talking Real Money" - Federal Court Shifts Cost of E-Discovery By Lewis E. Hassett Announcements Privacy Rights of Insureds in Bankruptcy: A Difficult Balance By James W. Maxson Non-Signatory Can Enforce Arbitration Clause Based Upon Estoppel By Cindy Chang   Back Issues Winter 2009 - Download a PDF LETTER FROM WASHINGTON - Are We Stumbling Into “National” But Not “Federal” Regulation? By Robert H. Myers, Jr. PLAYER’S POINT - Amend Gramm-Leach-Bliley? By Thomas A. Player HASSETT’S OBJECTIONS - McCarran-Ferguson Versus New York Convention By Lewis E. Hassett Announcements Surplus Lines Reform Likely to Pass this Congress By Stacey Kalberman Becoming an Additional Insured Now May Be Easier By Jessica F. Pardi Eighth Circuit Court of Appeals Upholds Summary Judgment in Favor of Insurer Regarding Long Term Care Insurance Rate Increases By J. Ben Vitale Fall 2009 - Download a PDF LETTER FROM WASHINGTON - Insurance Reform to Have Little Effect on Captives – So Far. By Robert H. Myers, Jr. PLAYER’S POINT - Observations By Thomas A. Player HASSETT’S OBJECTIONS - Wasa v. Lexington: The Imaginary Reinsurance Cover By Lewis E. Hassett Announcements Gallagher Gets Okay to Accept Contingent Commisions and New York Proposes New Compensation Disclosure Rules By Tony Roehl New State Laws Require Disclosure to Consumers Regarding Life Settlement Options By James W. Maxson California’s Proposed Pay-As-You-Drive Regulation Illustrates State Flexibility in Regulating Insurance By Jason Cummings Summer 2009 - Download a PDF LETTER FROM WASHINGTON - Why Congress will have a Hard Time with Insurance Reform Legislation By Robert H. Myers, Jr. PLAYER’S POINT - The Federal/State Minuet By Thomas A. Player HASSETT’S OBJECTIONS - No More "Because I Said So" By Lewis E. Hassett Announcements Federal Security and Privacy Provisions Expanded By Chris Petersen A 50-State Look at Assumption Reinsurance: The Road to Novation By Cindy Chang Title Insurer Entitled to Indemnification where Agent had Constructive Notice of Indemnifiable Claim By Brian J. Levy Can Investments in Life Settlements be Shari’ah Compliant? By James W. Maxson Captive Insurance Programs: Navigating State Laws Regarding Unauthorized Insurance By Joseph T. Holahan Now We Know! The IRS Finally Issues Guidance for the Life Settlement Industry By Bill Winter and Alison Solomon Spring 2009 - Download a PDF LETTER FROM WASHINGTON - Congress May Give Little Time to Insurance Reform By Robert H. Myers, Jr. PLAYER’S POINT - Are Credit Default Swaps Insurance? By Thomas A. Player HASSETT’S OBJECTIONS - Defending on the Merits before Adjudicating Class Certification By Lewis E. Hassett Announcements Statutory Accounting Standards Some Insurers are Receiving Permitted Accounting Practices Rejected by the NAIC By Tony Roehl Illinois Supreme Court Holds Multiple Injuries Caused By Continuous Negligence Constitute Separate “Occurrences” Under Liability Policy By Cindy Chang Transamerica Life Found to Infringe “Business Method” Patent on Variable Annuities By Robert A. Gutkin Due Diligence: The Key to an Investment Grade Life Settlement Asset By James W. Maxson Reinsurance Modernization – In a Time of Back to Basics, Two Words That Still Need to be Heard Together By Stacey D. Kalberman The Attorney-Client Privilege in Litigation between an Insurer and its Insured By Brian J. Levy 2009 Proposed Legislation to Have a Significant Impact on the Life Settlement Industry By Jason Cummings Back to Basics - Annual Corporate Maintenance By Brooks W. Binder Winter 2008 - Download a PDF LETTER FROM WASHINGTON - Congress Will Change Insurance Regulation: Progress and Pitfalls By Robert H. Myers, Jr. PLAYER'S POINT - Insurance Holding Company Act Out of Date By Thomas A. Player HASSETT'S OBJECTIONS - Title Insurers Have Rights, Too By Lewis E. Hassett Announcements Regulators Take on Credit Default Swaps By Ward S. Bondurant and Joseph T. Holahan Ohio Supreme Court Holds that Insurer’s Alleged Bad Faith Insufficient to Pierce Corporate Veil to Holding Company By Jason Cummings AIG Bailout - Has The Federal Government Already Preempted State Insurance Regulation? By Tony Roehl The Long Road to Arbitration By Cindy Chang Is a VUL Policy Always a Security in a Life Settlement Transaction? Maybe Not. By James W. Maxson New York Appeals Court Defines “Claim” Within a Claims-Made Insurance Policy By J. Ben Vitale New Federal Rule of Evidence 502 Addresses Waiver of Privileges By Brian J. Levy Fall 2008 - Download a PDF LETTER FROM WASHINGTON - Federal Reform Needed to Protect RRGs By Robert H. Myers, Jr. PLAYER'S POINT - The Perfect Storm By Thomas A. Player HASSETT'S OBJECTIONS - Implied Follow the Settlements and Restrictions on Setoff By Lewis E. Hassett Announcements Lambs Lying with Lions SB 276 Shows Cooperation Across the Aisle By Stacey D. Kalberman I’m not Saying the VP of Taxes Should be the Highest Paid Officer, but… By Bill Winter Coming to a Financial Statement Near You:  CHANGE – It’s Not Just for Politicians Anymore By Brooks W. Binder Courts Consistently Rule in Favor of Disclosure by Arbitrators By Jessica F. Pardi Eleventh Circuit Holds that Pollution Exclusion Applies Even Where Insured Did Not Cause Pollution By Stacey Turner Synthetic Structures to Hedge Longevity Risk in Life Settlements By James W. Maxson Supreme Court of Arizona Defines Scope of Common Title Insurance Exclusions By J. Ben Vitale Summer 2008 - Download a PDF LETTER FROM WASHINGTON - The Feds Are Coming (Again)! By Robert H. Myers, Jr. PLAYER'S POINT - The Sub-Prime Mess: Inadequate Enterprise Risk Management By Thomas A. Player HASSETT'S OBJECTIONS - Supreme Court “Promotes” Arbitration By Lewis E. Hassett Announcements Fifth Circuit Rejects Application of Discovery Rule in Claim Against Reinsurance Broker By Benjamin T. Erwin Rum Point Beach or the Lincoln Memorial: Where Best to Locate Your Captive? By Bill Winter Eulogy to the Agent’s Countersignature By Stacey D. Kalberman The Other Side of the Story: Lessons Learned from General Reinsurance Corporation v. Arch Capital Group, LTD. et. al. for Departing Executives By R. Jason D’Cruz and Abena Antwi May v. Shall — Which Mandates Arbitration? By Cindy Chang Update on Georgia Life Settlements Bill By Joseph L. Cregan Spring 2008 - Download a PDF LETTER FROM WASHINGTON - Captives Show their Clout on Taxation By Robert H. Myers, Jr. PLAYER'S POINT - Subprime’s Impact on Securitizations By Thomas A. Player HASSETT'S OBJECTIONS - Punitive Damages – Recent Applications of Due Process Limitations By Lewis E. Hassett Announcements What Insurers Must Do Under the FACT Act When They Receive a Notice of Address Discrepancy By Cindy Chang Georgia Legislature Moves to Tighten Life Settlement Practices and Increase Department Oversight By Joe Cregan SEC Provides Safe Harbor for Holders of Rule 144 Securities By Ward S. Bondurant Fourth Circuit Finds Resort to Other Insurance Clause Unnecessary In Dispute Between Excess Insurance Provider and Primary Provider By Benjamin T. Erwin Insurer Trade Secrets and Departing Employees - Lessons from General Reinsurance Corporation v. Arch Capital Group, LTD. et. al. By R. Jason D’Cruz In Through the Back Door? Consequential Damages for Breach of the Duty of Good Faith and Fair Dealing By John Williamson Winter 2007 - Download a PDF LETTER FROM WASHINGTON - Recent Cases Support Legality of Contingent Commissions By Robert H. Myers, Jr. and Cindy Chang PLAYER’S POINT - A Discussion of Government Backstops By Thomas A. Player HASSETT’S OBJECTIONS - The Insurer’s Duty to Lose By Lewis E. Hassett Announcements Sales to Seniors Under Increased Scrutiny By Chris Petersen English Court Limits Applicability of “Follow the Fortunes” Clause By Jessica F. Pardi California Court of Appeals Protects Communications Between Non-Attorney Agents of Corporate Client By John H. Williamson Making Sense of the New Affiliate Marketing Rule By Joseph T. Holahan New Jersey Lame-Duck By William F. Megna Supreme Court of California Rules That Reinsurance Agreements Are Not Discoverable By J. Ben Vitale Fall 2007 - Download a PDF LETTER FROM WASHINGTON - Good Governance for RRGs By Robert H. Myers Jr. PLAYER’S POINT - Tenth Anniversary Edition By Thomas A. Player HASSETT’S OBJECTIONS - Fifth Circuit Addresses Katrina Issues By Lewis E. Hassett Announcements Mini-med Products Continue to Grow — Along with Regulatory Issues By Chris Petersen Will the 2008 Georgia General Assembly Be a Busy Year for Insurers and Insurance Issues? By Joe Cregan Stop-Loss Risk Retention Groups By Bill Megna The Fifth Circuit Reverses Discharge of Reinsurer By J. Ben Vitale Structure of the Premium Tax in Georgia By Scot Burton Summer 2007 - Download a PDF LETTER FROM WASHINGTON - New Activity to Expand the Risk Retention Act By Robert H. Myers Jr. PLAYER’S POINT - Academia Meets Reality Check By Thomas A. Player HASSETT’S OBJECTIONS - Supreme Court Round-Up By Lewis E. Hassett Announcements Meaning of “Including, Without Limitation” May Differ from Just “Including” By Orlando P. Ojeda, Jr. Broker Liable to Third Party for “Half Truth” By Jessica F. Pardi NAIC Adopts New Model Law Framework By Anthony C. Roehl Fourth Circuit Upholds Virginia’s Viatical Settlement Law By John Williamson Tax Benefits for Auto Dealers of Using an Extended Warranty Company By Gary Lucas, Jr. and Cassady V. Brewer Georgia’s 2007 Legislative Wrap Up: Extra Innings but Few Fireworks By Joe Cregan and Dick Dorsey Update on NAIC and NCOIL Activity on Life Settlements By Joseph T. Holahan Spring 2007 - Download a PDF LETTER FROM WASHINGTON - Spitzer Litigation Undermines The State Regulatory System By Robert H. Myers Jr. and Joseph T. Holahan PLAYER’S POINT - Life Settlement Train Rolls On Naic Committee Unanimous By Thomas A. Player HASSETT’S OBJECTIONS - Alien versus Predator versus RoboCop By Lewis E. Hassett Announcements Tenth Circuit Examines the Relationship Between an ERISA Fiduciary’s General Business Duties and Duties Owed as a Fiduciary of a Benefit Plan By Orlando P. Ojeda, Jr. Discovery Allowed Against Reinsurer on Similar Claims By Natalie C. Suhl MMM Announces New Exempt Organizations Practice Group Out-of-State Reinsurer Required to Post Collateral Before Litigating in Connecticut By John D. Hadden Preserving Confidentiality When Communicating With Agents and Brokers By John Williamson MMM Announces New Green Industries Practice Group Winter 2006 - Download a PDF LETTER FROM WASHINGTON -Federal Regulation Fallout by Robert H. Myers Jr. PLAYER'S POINT - Limitations on Policyholder Rights by Thomas A. Player HASSETT'S OBJECTIONS -Careful With Those E-mails, Reinsurer by Lewis E. Hassett Announcements Update From the Life Insurance Non-recourse Premium Financing Battlefront by Anthony C. Roehl Second Circuit Limits District Court's Personal Jurisdiction to Enforce Arbitration Subpoena by Natalie C. Suhl Broad Arbitration Clause Encompasses Statute of Limitations Defense by Jessica Pardi Sixth Circuit Requires Full Disclosure of All Information Provided to Testifying Experts by Orlando P. Ojeda, Jr. Qualified Independent Directors - Now is the Time to Recruit by Brooks W. Binder Designing a Compliant Wellness Program by Joseph T. Holahan Reasonable Mortality Charge Safe Harbors Established by Sean Reynolds Massachusetts Health Insurance Initiative Drawing National Attention by L. Chris Petersen Archive Fall 2006 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - H.R. 5637 Offers Roadmap to Save State Regulation Player's Point - ERM: Not Just Another Industry “Y2K” Hassett's Objections - Ugh, Just What We Need - Higher Damage Awards Georgia Seeks New Four Year Period to Bring Suit on an Insurance Policy Delaware Court Addresses Director Liability Federal Court Holds that Reinsurer Not Bound to Cedant’s Settlement Fifth Circuit Addresses the Effect of “Service-of-Suit” Clause on a Domestic Insurer’s Right of Removal The Futility of Utility Subrogation in New Jersey Data Theft and the “Do’s and Don’ts” of Information Security Update on Bad Faith

Summer 2006 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Optional Federal Charter Legislation in the Senate Player's Point - The Armstrong Committee, it Was Not Hassett's Objections - Insurer Versus Insurer Federal Electronic Discovery Rules Approved by U.S. Supreme Court Particitation in a Consolidated Arbitration is a Question for an Arbitrator, not the Court Supreme Court Allows ERISA Plan Reimbursement Under “Acts of Third Parties” Provision Illegal Immigration Debate Drives Through New Jersey Georgia Department of Insurance Withdraws Directive Restricting Claims for Affordable Housing Premium Tax Credit

Spring 2006 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Clash of Cultures - Captive Edition Player's Point - Connecting the Dots Hassett's Objections - The Continuing Conflict: Reservations of Rights and Choice of Counsel Pennsylvania Supreme Court Limits Insurance Department’s Right to Mandate Arbitration in Policy Forms Loss of a Producer’s Rights to Expirations Letter to the Editor Supreme Court Holds That Arbitrator Decides Whether Entire Contract Void NAIC Moves Forward on Applying Sarbanes-Oxley to All Insurers Second Circuit Addresses Non-Party Discovery in Arbitrations New Jersey Winter Update Compliance With New Anti-Money Laundering Rules Required By May 2, 2006: Insurers Must Integrate Agents and Brokers Into Their Anti-Money Laundering Programs

Winter 2005 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Naic To Be Tested By Gao Report Player's Point - Dual Regulation Hassett's Objections - Due Process Versus Arbitrator Discretion The Allure Of The Alternative Insurance Market For Medical Professionals Is There a Future For Finite Risk Reinsurance? Attorney Audit Reports And The Work Product Doctrine Discount Card Programs Under Attack Follow-The-Fortunes Doctrine Extended To Settlement Allocations Principles Of Equity In New Jersey Trumph Statute Of Limitations Georgia Adopts Life Settlements Regulation

Fall 2005 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Captives Attract Regulatory Attention Player's Point - "Trick or TRIA" Will Congress Create a Model Act or a Monster? Hassett's Objections - The Unconscionability Revolution Georgia Supreme Court Holds That Federal Arbitration Act is Preempted by the McCarran-Ferguson Act The Regulatory Violation Domino Effect California Supreme Court Enforces Arbitration Clause, Finding No Conflict with "Service of Suit" Provision Use of Federal Courts for Discovery in Foreign Proceedings Second Circuit Examines the Duty to Defend Automobile Leasee Against Idemnity Claim of Leasor Are Life Insurers Unlawfully Discriminating Against Potential Insureds that Finance Policies?

Summer 2005 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Why Move Onshore? Player's Point - Industry in Turmoil: The Finite Reinsurance Mess Hassett's Objections - IT's About Time Georgia Enacts Life Settlement Statute Georgia's 2005 DOI Housekeeping Legislation California Court Curtails Fishing Expedition for Reinsurance Information WorldCom Settlement Highlights D & O Coverage New Jersey’s Antisubrogation Statute Preempted by ERISA Taking the “Prompt” Out of “Prompt Notice”

Spring 2005 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - DC's New Flexible Captive Law Player's Point - BrokerGate: Model Law, Model Regulation or Model Affidavit Hassett's Objections - I Have to Admit: It's Getting Better Sweeping Tort Reform Bill is Enacted in Georgia NAIC Adopts Compensation Disclosure Amendment to the Producer Licensing Model Act Recent IRS Rulings on Life Insurance Qualified Additional Benefits Calculations & Application of the Look-Through Rules of Code §817(H) to Multiple Investment Companies Owners of Offshore Captives: Now is the Time to Take Your Money and Run Lawyers in a MIIX Access Clause Does Not Trump Attorney-Client Privilege NASD Moves to Reasoned Arbitration Awards The Impact of the Obesity Epidemic on Insurers Eleventh Circuit Addresses Coverage for Advertising Injury

Winter 2004 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Pandora's Box Player's Point - BrokerGate: The Fallout

Fall 2004 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Evolution, Not Revolution, in Insurance Regulation Player's Point - The Impact of the 9/11 Report on Terrorism Insurance

Summer 2004 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - FEDS Are Already Having an Impact on Insurance Player's Point - The Safety Act and Stealth Tort Reform

Spring 2004 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - House Hearings Will Show Insurance Regulation in Need of Change Player's Point - Is TRIA a Survivor?

Winter 2003 - Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - RRG's Seek to Avoid Collateral Damage Player's Point - The Yin and the Yang of Arbitration

Fall 2003- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Blackout Should be Wakeup Call for Insurance Regulation Player's Point - Regulatory Alchemy: The Conversion of Debt Insurance to Credit Protection

Summer 2003- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Risk Retention Groups Respond to the Hard Market Player's Point - The Examination Burden: One State's Unique Solution

Spring 2003- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Captives are Becoming Part of the Insurance Mainstream Player's Point - The Elusive Promise: Terrorism Coverage Under TRIA

Winter 2002- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - The Feds are Coming! Player's Point - Terrorism Risk Insurance Act of 2002: When is Terrorism an Act of War?

Fall 2002- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Insurance Regulation Needs a New Consensus Player's Point - A Global Definition of Terrorism

Summer 2002- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Expand Risk Retention Group Authority! Player's Point - Terrorism Coverage - What are Some Options?

Spring 2002- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - A Big Win for Risk Retention Groups Player's Point - CyberInsurance 2002: Different But Not Dead

Winter 2001- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - September 11, 2001 Events Stimulate Federal Involvement in Insurance Player's Point - CAT 48

Fall 2001- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Captives Get a Well Deserved Boost Player's Point - Reflections on the Dot.Com Ride

Summer 2001- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - New Political Environment for Insurance Player's Point - Privacy Politics

Spring 2001- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - D.C. Makes Promise Towards Becoming a Captive Domicile Player's Point - Opening Remarks: CyberInsurance Conference

Summer 2000- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - The Creation of a New Industry Player's Point - Round 5: In This Corner, Federal Regulation

Spring 2000- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Financial Services Reform: How it Happened Player's Point - Not.Com

Fall 2000- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - The Feds are Coming to Visit Your B2B Site Player's Point - Securitization: "The Emperor Has No Clothes"

Winter 1999- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Privacy Becomes Issue Du Jour Player's Point - What is The Effect of The Financial Services Reform Legislation?

Fall 1999- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Will Politics Be the Death of Financial Service Reform? Player's Point - Managing Change

Spring 1998- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - A Slow Legislative Pace Player's Point - State Insurance Regulators Wear Yet Another Hat: Economist

Winter 1998- Insurance, Reinsurance, Managed Healthcare Review Featured articles include the following: Letter from Washington - Election Results Unfavorable for Financial Services Reform Player's Point - Can the Insurance Industry Remain Competitive?