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Surplus Lines Insurance
Part 1 of a 2-part series
Surplus lines business is booming. Last year, California witnessed an astounding 104.5% increase in surplus lines premium totals from 2001, according to the Surplus Lines Association of California. Other states also saw the number of surplus lines policies issued in their state soar.Yet many corporate representatives and coverage attorneys are unfamiliar with this rapidly growing niche within the insurance industry. Whether you are placing insurance for your employer or serving as counsel for an insurance-related client, it is imperative that you possess a good understanding of the role surplus lines insurers play in the insurance industry and how the states regulate the surplus lines market.
The operation and governmental regulation of the typical licensed (or admitted) insurer are well known. Insurers are licensed and regulated by the states. If an insurer wants to insure risks in a particular state, it must obtain a license and consent to the regulatory oversight of several aspects of its underwriting operations by that state's Department of Insurance or similar regulatory agency. Regulatory oversight of admitted insurers typically includes regulation of what policy-related forms can be issued in the state and what rates the insurer can charge in the state. The licensing state also monitors the finances and conduct of the insurer to make certain that the interests of the policyholders in the state are protected. Such admitted insurers place the lion's share of insurance written in a particular state. Indeed, states generally preclude the insuring of any risk located in their state through a non-admitted insurer. See, e.g., Cal. Ins. Code '1761 ('Except as provided in sections 1760 and 1760.5, a person within this State shall not transact any insurance on property located or operations conducted within, or on the lives or persons of residents of this State with non-admitted insurers, except by and through a surplus line broker licensed under this chapter and upon the terms and conditions prescribed in this chapter.')
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?