Tag Archives: insurers

If You Won’t Then We Will: States Take Affordable Health Care into Their Own Hands

Faced with the inability to repeal the Affordable Care Act (“ACA”) outright, the Trump Administration and Congress have taken actions to provide more health insurance options for Americans.  Thus far, the Administration announced that they would no longer make cost sharing reduction (“CSR”) payments to insurers on the Exchanges and extended the time period in which short-term, limited-duration insurance (“STLDI”) plans could be offered.  Meanwhile, Congress removed the individual mandate in the 2017 tax bill. The Administration asserts that these efforts are all solutions geared toward helping more Americans receive care as premiums are rising.  A March 28, 2018 Gallup poll showing that health care costs are a higher concern for Americans, over the economy supports the Administration’s asserted justification. However, some states have recently taken their own steps to provide more health coverage options for their citizens while discounting the ACA, possibly reflecting a sense of dissatisfaction with the seemingly dragging feet of the Federal Government.

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Royal Commission breakfast seminar

Last week the Federal Government announced a Royal Commission in to banks big and small, wealth managers, superannuation funds and insurers. It is reported the commission would investigate previous cases of misconduct and whether they highlighted cultural or governance issues in the sector and among regulators.

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Royal Commission announced into the financial services sector

The Federal Government has announced a broad-ranging Royal Commission into misconduct in the banking, superannuation and financial services industries.

The scope of the Royal Commission will be significantly wider than the inquiry into the banking sector that many had been calling for. The Commission is expected to inquire into conduct by ‘financial services entities’, being:

  • authorised deposit-taking institutions
  • insurers
  • AFSL-holders and authorised representatives and
  • RSE licensees (and those connected to such licensees) of registrable superannuation entities (i.e. excluding self-managed superannuation funds).
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Kent comments on policy issues for insurers underwriting development projects

In “Result for insurer mixed in condo cases” [Thompson’s World Insurance News April 23, 2012], Nigel Kent comments on the unusual circumstances of a case involving Lombard Insurance, underwriter for the construction and “wrap-up” period on the Marina Estates development in Squamish, BC. Nigel is Co-Chair of the Insurance Group at Clark Wilson LLP.

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In the case Wooden v. La Compagnie d’assurance Bélair Inc. rendered last May, the Superior Court granted judgment in favour of insureds whose pool had lifted from the ground.

The insureds were the owners of a house with an in ground pool in the backyard. In the spring of 2008, the insureds noticed that the pool had lifted a few inches from the ground. The insureds notified their insurer, who refused to indemnify them.

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