Industry Updates

On September 10, the U.S. Senate Committee on Banking, Housing, and Urban Affairs held a hearing on deposit insurance reform, with Chairman Tim Scott (R-SC) and Ranking Member Elizabeth Warren (D-MA) highlighting the importance of deposit insurance to consumer and business confidence in the U.S. banking system....By: Orrick, Herrington & Sutcliffe LLP

September 2025 Executive Summary The UK government and regulators are conducting the most wide‑ranging review of the Senior Managers & Certification Regime (SMCR) since its introduction. Consultations close: 7 October 2025....By: Proskauer - Regulatory & Compliance

As we navigate another hurricane season, businesses along the Gulf Coast, Eastern Seaboard, and other vulnerable regions must prepare for potential disruptions. Beyond physical damage, hurricanes can lead to prolonged power outages, supply chain breakdowns, and restricted access to facilities, all of which can halt operations and impact revenue. Business interruption (BI) insurance is a crucial element in your disaster preparedness plan......By: Ankura

Kane v. Syndicate 2623-623 Lloyd’s of London, 2025 N.M. App. LEXIS 38 (N.M. Ct. App. June 16, 2025) - New Mexico appeals court holds that the language of a cyber insurance policy providing liability coverage “for” a security breach* is ambiguous and, therefore, must be construed broadly to cover a breach-of-contract claim against the insured “because of,” “resulting from,” or “on account of” a security breach......By: White and Williams LLP

A title insurer owes a “duty to defend” its insured from a lawsuit filed by a third party whenever the lawsuit creates a potential for indemnity under the policy. A defense is owed even where the evidence suggests, but does not conclusively establish, that the insured’s loss is not covered. Any doubts must be resolved in favor of the insured....By: Patton Sullivan Brodehl LLP

On September 9, 2025, in Anna Lange v. Houston County, Georgia, et. al., the U.S. Court of Appeals for the Eleventh Circuit held that the denial of coverage for gender-affirming surgery was not discriminatory. This decision directly departed from the court’s 2-1 ruling by a three-member panel in 2024, which held that such an exclusion was, on its face, a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964....By: Littler

The Supreme Courts of Pennsylvania and North Carolina have issued two of what are presumably the last state supreme court decisions in COVID-19 business interruption insurance cases. While they reached split results (with the Pennsylvania court ruling for the insurer and the North Carolina court ruling for policyholders in a case without a virus exclusion), as a practical matter, this is unlikely to have a substantial impact on the insurance industry....By: Robinson & Cole LLP

Illinois will soon require fully insured health policies issued in the state to cover parents and stepparents who qualify as dependents, and employers that sponsor these group health plans must take note. This expansion of the Illinois Insurance Code, which applies to policies issued, amended, delivered, or renewed after January 1, 2026, creates new administrative challenges and compliance obligations for group health plans – especially since they typically offer dependent benefits only to...By: Fisher Phillips

Material misrepresentations in life insurance applications are one of the most prevalent forms of fraud that insurance carriers encounter on a daily basis, and generally, the primary tool to combat application fraud is to rescind the insurance contract....By: Maynard Nexsen

An Idaho federal court recently allowed intrusive discovery in bad faith litigation despite the insurer’s legitimate privacy concerns over disclosure of adjuster’s personal information. Sapphire Hospitality Investments LLC v. Oregon Mutual Insurance Co., No. 3:23-cv-00146, 2025 WL 2210179 (D. Idaho Aug. 4, 2025). On August 4, 2025, the federal court ordered a hotel owner’s insurer to produce documents relating to disciplinary history, compensation structures and qualifications of its claim...By: Kennedys

D&O Insurance Trends: Guidance from Our Experts - D&O insurance buyers are still seeing soft market conditions in 2025—despite rising concerns among underwriters about unsustainable pricing. What does that mean for your next renewal? Join our webinar as we explore......By: Woodruff Sawyer

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary of relevant updates from the prior week in this industry-shaping body of litigation....By: McDermott Will & Schulte

OIG issued a new report finding that in 2022 some Medicaid managed care plans self-reported making no or very few potential provider fraud, waste, and abuse referrals. OIG reported that 33 plans, ten percent of those reporting, did not make any referrals of potential provider fraud, waste, or abuse. The report also found that a majority of Medicaid managed care plans made two or fewer provider referrals per 10,000 enrollees and 8% of plans were unable to report the number of referrals that they...By: King & Spalding

Proposals for settlement are a litigation tool highly favored by Florida courts to resolve cases. They are governed by section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442....By: Butler Weihmuller Katz Craig LLP

While cyber liability coverage decisions are usually few and far between, courts in two jurisdictions have issued buzzworthy rulings this summer. Originally published by CLM Magazine - September 9, 2025....By: Zelle LLP

Private companies do not typically suffer the same level of scrutiny as public companies, but they can still be sued and investigated, and sometimes with considerable press. The risks range from derivative suits to government enforcement and everything in between....By: Woodruff Sawyer

In April, the Texas Supreme Court set a favorable precedent for Uninsured and Underinsured (UM/UIM) insurers when it held that an insured seeking to recover UM/UIM benefits must secure a judgment to establish the UM/UIM third-party’s liability and underinsured status before it is entitled to discovery on extracontractual claims....By: Phelps Dunbar

The Massachusetts law permitting pharmacies and pharmaceutical manufacturers to offer drug discounts to consumers, which was set to expire on January 1, 2026, has recently been extended to January 1, 2031....By: Quarles & Brady LLP

Beginning October 11, 2025, failure to comply with the statutory obligation that most insurers of medical claims (including self-insured entities) have to report claims under Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA 111) may result in the imposition of civil monetary penalties (CMPs). While this development does not change the existing federal False Claims Act liability risk for causing Medicare to overpay claims because of MMSEA 111 reporting errors, the...By: McDermott Will & Schulte

McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. September 11, 2025 – Ever since the Centers for Medicare & Medicaid Services (CMS) Innovation Center released its new strategy in May 2025, it has been busy terminating and modifying existing models and announcing new ones, including the Wasteful and Inappropriate Service Reduction (WISeR) Model and the proposed Ambulatory Specialty Model (ASM)....By: McDermott+

The adage that “it is better to ask for forgiveness than permission” does not apply to trademark law. This is especially true where receiving forgiveness may be conditioned by paying substantial sums of money to brand owners whose trademark rights are violated. Reprinted with permission from Promotional Products Association International Solutions Center....By: Rivkin Radler LLP

In today’s rapidly evolving digital landscape, fraud and financial crime have become increasingly complex and create pervasive issues for organizations of all sizes and specialties....By: J.S. Held

On September 9, HUD issued a notice announcing revised interest rates for debentures issued in connection with loans or mortgages insured by the FHA under the National Housing Act....By: Orrick, Herrington & Sutcliffe LLP

The Fifth Circuit recently addressed whether a reinsured was entitled to indemnity where it provided untimely notice to its reinsurer in United States Fire Ins. Co. v. Unified Life Ins. Co., No. 24-10392, 2025 WL 2355526 (5th Cir. Aug. 14, 2025). Pursuant to a quota share reinsurance treaty, United States Fire Insurance Company agreed to indemnify Unified Life Insurance Company for a portion of claims made in connection with short-term medical insurance policies. In return, Unified had to give...By: Kennedys

As litigation relating to PFAS exposure grows significantly across the US, companies have increasingly requested that their insurance carriers cover related defense and indemnity costs. The recent PFAS decision in Fire-Dex, LLC v. Admiral Ins. Co., 139 F.4th 519 (6th Cir. 2025) has set new precedent regarding the way in which federal courts exercise their jurisdiction in “mixed” insurance coverage actions involving monetary and declaratory relief....By: Kennedys

In today’s mergers and acquisitions (M&A) market, a challenge for dealmakers is the gap in valuation expectations between buyers and sellers. Economic uncertainty and a high-interest rate environment have made buyers more cautious, while sellers often hold firm on valuations based on historical performance or optimistic projections....By: Tarter Krinsky & Drogin LLP

This chapter of the Encyclopaedia of Prudential Solvency examines the prudential solvency regime in China. This chapter explores the historical context to China’s (re)insurance framework, which is key to understanding its position within the contemporary global (re)insurance market....By: Skadden, Arps, Slate, Meagher & Flom LLP

As anyone with a large insurance practice knows, insurance companies sometimes reach out to outside counsel not to request the defense of a lawsuit against an insured (or perhaps the insurer itself), but instead to ask for a coverage opinion. But as a judge once asked to me, “why does an insurance company need a lawyer (or, in the case of a declaratory judgment action, a judge) to tell the insurer what its own policy means?”...By: Butler Snow LLP

Motorcycles provide freedom and adventure on the road, but not without serious risks. Riders in California must meet strict age and licensing requirements before getting on two wheels. These are designed to improve safety and reduce accidents. If you are considering motorcycle riding or know a child eager to start, here is what you need to know about legal age requirements and extra information about Encino motorcycle accidents....By: JUSTICENTER

As detailed in Part I of this series, the use of international supply chains has suddenly become a lot riskier. In this second part of our series on navigating political instability, we provide some practical coping mechanisms for companies looking to identify and manage international supply chain risks....By: Foley & Lardner LLP