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Notable matters include: Affiliation of Highmark with BCBSD Indirect acquisition of control of Highmark BCBSD Inc.
by UPE Request for disclaimer by Omega US Insurance, Inc.
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Chapter 59 of Title 18 of the Delaware Code authorizes the Insurance Commissioner of the State of Delaware to apply to the Court of Chancery of the State of Delaware for an order directing the Commissioner to rehabilitate or liquidate a Delaware-domiciled insurance company.
In insolvency situations, Bayard’s representations include: The Receiver, in the Consumer United Insurance Company Liquidation Managing General Agent, in the rehabilitation and subsequent liquidation of IICRRG Bank, in the rehabilitation and subsequent liquidation of IICRRG Multiple fronting insurers, in the rehabilitation and subsequent liquidation of Ullico Casualty Company Insurers in the rehabilitation and subsequent liquidation of Freestone Insurance Company Certain directors in the liquidation of United Contractors Insurance Company, Inc., RRG In the captive insurance field, Bayard provides comprehensive legal services, combining the skills and experience of its insurance, transaction and tax attorneys with those of the client’s other advisors.
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The insurance policy contained an exclusion in respect of any liability arising under any contract or agreement unless such liability would have attached to Northern Counties in the absence of such contract or agreement.
Aspen submitted that Omega could not bring a claim against them as insurers on the basis of the earlier judgment because it conclusively determined that the liability of Northern Counties was in contract and did not find liability on any other basis.
Insurers, reinsurers and regulators alike benefit from Bayard’s in-depth knowledge of Delaware statutes relating to insurance regulation and Delaware laws governing the formation and management of Delaware entities.
Bayard attorneys have extensive experience representing insurance companies and brokers on regulatory matters including, but not limited to, those involving: Rate increase filings Policy non-renewals Agent terminations Broker violations and suspensions Proceedings by the Delaware Insurance Department alleging statutory and regulatory violations, including unfair practices in the insurance business Bayard attorneys have acted as hearing officers, appointed by the Insurance Commissioner of the State of Delaware, and/or as legal counsel to hearing officers for several high-profile insurance matters.In this case Aspen failed to show there would have been no liability on their insured, Northern Counties, in negligence, and therefore failed to bring itself within the relevant clause.