Industry Updates

In a series of recent consolidated cases, the Fourth District Court of Appeal addressed the issue of whether an indemnity payment made after a lawsuit is filed constitutes a confession of judgment entitling the claimants to attorney’s fees. GEICO Casualty Company v. Open Magnetic Scanning of Boca Delray, No. 4D2023-2199, 2025 WL 2969136 (Fla. 4th DCA Oct. 22, 2025)....By: Butler Weihmuller Katz Craig LLP

The Financial Conduct Authority (FCA) has updated its Climate Financial Risk Forum (CFRF) webpage, announcing the release of a comprehensive suite of publications aimed at enhancing the financial sector's capacity to manage climate and nature-related risks. These are set out below....By: A&O Shearman

U.S. insurance reciprocals — noncorporate statutory entities in which subscribers mutually agree to insure one another — should note recent action by a senior regulatory body that could limit fees payable by a reciprocal to its attorney-in-fact (AIF), or management company....By: Herbert Smith Freehills Kramer

In response to the economic impact of ongoing tariffs on Canadian goods, the federal government introduced an Employment Insurance (EI) pilot project in March 2025, which has now been partially extended to April 11, 2026 (the “Pilot Project”). Notably, the extension includes the continued suspension of the rule requiring the offset of separation payments against EI benefits....By: Stikeman Elliott LLP

REGULATORY BACKGROUND - In this section, we provide an overview of the regulatory framework in which insurance companies operate in Germany. As used in this overview, the term insurance company includes primary insurance companies (Erstversicherungen), reinsurance companies (Rückversicherungen) and insurance holding companies (Versicherungs-Holdinggesellschaften)....By: Mayer Brown

In the latest episode of Health Law Diagnosed, Of Counsel Bridgette Keller is joined by Associate David Gilboa for an overview of the Summer / Fall 2025 PBM Policy and Legislative Update, unpacking the latest developments in PBM policy from April through October 2025. Together, Bridgette and David highlight stalled federal reform efforts, including the stripped-down One Big Beautiful Bill Act and the newly introduced PBM Reform Act of 2025. They also turn to the state level, where states like...By: Mintz

The US Department of Labor recently issued guidance in the form of Frequently Asked Questions (“FAQs”) to assist stakeholders in designing benefits options to expand access to fertility benefits. The FAQs were issued jointly by the U.S. Departments of Labor, Health and Human Services, and Treasury (the “Departments”), and follow the directive of Executive Order 14216 to promote affordable access to in-vitro fertilization......By: Harris Beach Murtha PLLC

In the latest episode of Health Law Diagnosed, Of Counsel Bridgette Keller is joined by Associate David Gilboa for an overview of the Summer / Fall 2025 PBM Policy and Legislative Update, unpacking the latest developments in PBM policy from April through October 2025....By: Mintz - Health Care Viewpoints

Mark your calendars now to stay on top of these upcoming important dates to ensure you and your company remain compliant. The South Carolina Department of Revenue (SCDOR), Alcohol Beverage Licensing (ABL) Division has issued guidance recently as to the implementation of requirements for liquor liability insurance, mandatory alcohol server training and forensic digital identification systems pursuant to changes in the state alcohol beverage laws....By: Maynard Nexsen

The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a lawyers professional liability policy, thereby triggering the insurer’s duty to defend....By: Wiley Rein LLP

In the wake of the Louvre heist, art collectors are rethinking how to secure and legally protect their collections. Tarter Krinsky & Drogin Art Law Group Chair Leila Amineddoleh explains the importance of key strategies for collections management, insurance, and ownership protection....By: Tarter Krinsky & Drogin LLP

For companies in construction, development, or any industry reliant on major capital projects, the current risk environment is fraught with complexity. Material costs are volatile, insurance carriers are tightening coverage, and courts continue to expand or limit indemnity and exclusion clauses in ways that shift millions of dollars in exposure....By: Procopio, Cory, Hargreaves & Savitch LLP

McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. November 4, 2025 – Trick or treat! On Halloween evening, the Centers for Medicare & Medicaid Services (CMS) spooked all of us in the health policy community by issuing the calendar year (CY) 2026 Medicare Physician Fee Schedule (PFS) final rule around 5:15 pm EDT....By: McDermott+

In this weekly update, we summarise the most notable updates in the UK sanctions world. If you have any questions in respect of any of the developments set out below, please do not hesitate to contact a member of our London Global and Government Trade team listed above....By: Mayer Brown

The Eleventh Circuit Court of Appeals affirmed summary judgment in favor of Nautilus Insurance Co. in L. Squared Industries Inc. v. Nautilus Insurance Co., holding that an insured’s failure to provide timely notice of a pollution condition under a claims-made policy barred coverage when the insured could not rebut the presumption of prejudice to Nautilus....By: Carlton Fields

HM Treasury has announced the launch of a new Scale-up Unit jointly led by the FCA and the PRA. Initially focused on dual regulated firms (banks/building societies and insurers), plans to expand the unit's scope to solo regulated firms will be announced in Spring 2026. Announced as part of the government's pro-growth agenda by Rachel Reeves in Leeds on 24 October 2025, the new unit is designed to "supercharge" growth of innovative financial services firms....By: Hogan Lovells

As companies accelerate adoption of artificial intelligence (AI) across operations, the cyber risk landscape is changing faster than most insurance programs. Threat actors are leveraging AI to supercharge phishing, deploy convincing audio/video deepfakes, and execute faster, more damaging intrusions. At the same time, policy language across cyber, crime, errors and omissions (E&O), media, employment practices liability (EPL), and directors and officers (D&O) lines is evolving—often in ways that...By: Lowenstein Sandler LLP

The OBBB Act also includes provisions which expand some workplace benefits, including broader use of health savings account (HSA) funds, increased dependent care flexible spending account (FSA) annual limits, expanded employer childcare tax credits, and permanent implementation of the student loan repayments as eligible expenses under qualified educational assistance programs....By: Quarles & Brady LLP

In last week’s Preview, we said this week would be one to watch for movement on the shutdown because of a few important dates. On November 1, 2025, the Affordable Care Act (ACA) Marketplace open enrollment began, where consumers will begin to see higher premiums in part due to the expiration of the enhanced advanced premium tax credits....By: McDermott+

As the health care industry continues to evolve, disputes are becoming increasingly complex, from reimbursement matters and provider contracts to False Claims Act issues. In this episode of the JAMS podcast, Hon. Janice Symchych (former), Daniel Platt, Esq. and Ronald Ravikoff, Esq. discuss how mediation can effectively resolve multifaceted health care conflicts. Drawing on decades of combined experience across the legal, corporate and health care sectors, they explore the unique challenges...By: JAMS

California recently enacted California Senate Bill 41 ("SB 41"), a landmark law that fundamentally overhauls the regulation of pharmacy benefit managers ("PBMs") in the state and has big implications for ERISA plan sponsors. Governor Newsom signed SB 41 into law on October 11, 2025, and its provisions go into effect as early as January 1, 2026......By: Davis Wright Tremaine LLP

Welcome to the Eyes on Washington: Shutdown Briefing. During the federal government shutdown, we will be sharing concise, client-focused updates to help you stay informed on key developments, legislative dynamics and potential impacts to your operations and federal engagement....By: Holland & Knight LLP

On October 31, 2025, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year (CY) 2026 Medicare Physician Fee Schedule (PFS) final rule, which includes policies related to Medicare physician payment and the Quality Payment Program. These policies will take effect January 1, 2026, unless otherwise noted....By: McDermott+

The U.S. District Court for the Eastern District of New York, applying California law, held that an insured financial services company was not entitled to coverage under its professional liability policy for a client’s claim because the alleged wrongful acts were “interrelated” to acts that began before the policy’s coverage period....By: Wiley Rein LLP

The Federal Acquisition Regulation (FAR) is a comprehensive set of regulations governing federal procurement — prescribing how agencies acquire goods and services and how contractors compete for, win, and perform government contracts. This encyclopedia of federal procurement addresses everything from debriefing rights to small business subcontracting requirements to how agencies should evaluate proposals....By: Bradley Arant Boult Cummings LLP

The Department of Health and Human Services Office of Inspector General (OIG) recently issued a report focused on what it characterized as concerning trends related to Medicare Part B claims submissions for skin substitutes, i.e., skin grafts. Skin substitutes have become a critical part of wound care and tissue regeneration and are increasingly a part of patient treatment plans. In the report, “Medicare Part B Payment Trends for Skin Substitutes Raise Major Concerns About Fraud, Waste, and...By: Vedder Price

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies, and analyses; and other health policy news....By: Alston & Bird

Insurance companies (life, property and casualty, medical and reinsurance) have long been a mainstay among many credit managers’ investor bases. In recent years, we’ve seen a stream of announcements of more formal partnerships between insurers and credit managers. Credit managers are investing in, or even forming, insurance companies. Insurance companies are awarding credit sponsors with expansive advisory mandates that far exceed even an anchor fund commitment. As insurance companies seek...By: Haynes Boone

A federal district court in Utah, applying Utah law, has determined that an insurer could deny coverage under a claims-made policy for untimely notice without proving prejudice. The insured had a claims-made Employment Practices Liability insurance policy for the policy period of August 21, 2017 to August 21, 2018, which required the insured to give notice of any claim as soon as practicable....By: Wiley Rein LLP

The Superior Court of Pennsylvania, on Friday, October 17, 2025, affirmed a finding of bad faith against Erie Insurance Exchange, but vacated the trial court’s award of attorney’s fees and interest. In Dina Devincenzo‑Gambone & Anthony Gambone v. Erie Insurance Exchange, __ A.3d __, 2025 Pa. Super. 235 (2025), the Superior Court clarified that insurers cannot withhold any portions of UIM benefits where such benefits are resolved through binding arbitration that includes resolution of the...By: Houston Harbaugh, P.C.