FORC Journal - Vol. 22 Edition 3 - Fall 2011

With the NAIC meetings just around the corner, it's a great time to read the lastest from our colleagues.  Happy reading!

 Kevin Fitzgerald, Editor

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CORPORATE COUNSEL AND THE ATTORNEY-CLIENT PRIVILEGE - DOES WHAT'S SAID IN-HOUSE STAY IN-HOUSE?

By  Constance B. Foster, Esq., SAUL EWING LLP
All business entities, including insurance companies, rely on the attorney-client privilege to manage their businesses.

ARE INSURERS SAFE WHEN THE LEGISLATURE IS IN SESSION?

By  Timothy J. Parker, Esq., CARNEY BADLEY SPELLMAN, P.S.
The Washington legislature and state supreme court are taking steps, and contemplating others, with ramifications for insurers and businesses both inside and outside the State of Washington.

PENALTIES AND ATTORNEY’S FEES UNDER THE LOUISIANA INSURANCE CODE - KATRINA BACKLASH

By  Robert W. Fenet, Esq., FENET TREADWAY GAUDIN LAWYERS, LLC
In the wake of Hurricane Katrina, and all of the hurricane related damage claims that had to be adjusted and paid, there was a backlash in the Louisiana Legislature.

ARIZONA ENACTS QUALIFIED FINANCIAL CONTRACTS LEGISLATION

By  J. Michael Low, Esq, LEWIS BRISBOIS BISGAARD & SMITH LLP
On April 12, 2011, Arizona Governor Jan Brewer signed into law HB2113 relating to Qualified Financial Contracts.

SECURING VALID REJECTIONS OF UNINSURED/UNDERINSURED MOTORIST COVERAGE IN NEW MEXICO

By  Gary Kilpatric, Esq., MONTGOMERY & ANDREWS, P.A. & J. Brent Moore, Esq., Montgomery & Andrews
The New Mexico Supreme Court issued a pair of opinions on October 18, 2010, which focused on the requirements for securing valid rejections of uninsured/underinsured motorist ("UM/UIM") coverage under the New Mexico law.

THE NON-ADMITTED AND REINSURANCE REFORM ACT AND NEW JERSEY'S SURPLUS LINES INSURANCE GUARANTY ...

By  Susan Stryker, Esq., BRESSLER, AMERY & ROSS, P.C.
THE NON-ADMITTED AND REINSURANCE REFORM ACT AND NEW JERSEY'S SURPLUS LINES INSURANCE GUARANTY ASSOCIATION

YING AND YANG OF TORT REFORM?

By  Gordon C. Amini, Esq., ATTORNEY AT LAW
In 2011, after years of unsuccessfully battling a Democrat controlled legislature, Oklahoma medical and business interests finally succeeded with a legislative initiative focused on adopting MICRA1 style tort reform.