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First the disaster, then the coverage disputes. Insurance lawyers face an array of issues. • Washington may become the capital of insurance regulation. • Congress should renew a law that spreads terrorism risks. • The Florida hurricanes in 2004 spawned a flood of insurance disputes. • For directors and officers, the next big scandal means a rush for coverage. • And insurers welcome the chance to defeat claims of bad faith at summary judgment.
• Power to the Feds Most of American businesses today aim to reduce the extent to which federal agencies oversee their operations or at least to prevent expanded regulation. Why is insurance heading in the opposite direction? And why are insurance industry leaders active proponents of the change? • Who Pays for Terror? The Terrorism Risk Insurance Act (TRIA) was enacted in 2002 after the attacks of Sept. 11, 2001 to create a shared public-private insurance system for losses due to acts of terrorism. It is scheduled to expire at the end of 2005. The question in the current debate is whether TRIA should be renewed for another limited period of time or whether a long-term solution should be crafted now. • After the Hurricane Hurricanes raise significant issues in coverage disputes under property policies. The following 10 significant issues tend to divide insurers and policyholders… • When There’s Not Enough Difficult disputes over insurance policies for directors and officers can arise when multiple claimants seek coverage under the company’s D&O policy. • Beating Bad Faith Increasingly, state and federal courts are granting summary judgment to resolve claims alleging the denial of insurance coverage in bad faith. This trend is important to insurance carriers and policyholders alike.

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