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October 17, 2014 1:45 PM | Permalink |
Edwards Wildman's latest Healthcare Update discusses that the Office of Inspector General ("OIG") published a proposed rule that would amend the safe harbors to the anti-kickback statute (“AKS”) and the civil monetary penalty (“CMP”) rules under the authority of the OIG; and how CMS launched open payments database on September 30, 2014. read more
October 17, 2014 8:02 AM | Permalink |
Edwards Wildman's latest Privacy Client Advisory discusses how recent amendments to California statues governing breach notification and data safeguards impose new obbligations. read more
October 14, 2014 10:23 AM | Permalink |
Please join BDO USA, LLP, Edwards Wildman Palmer LLP and Sandler O'Neill + Partners, L.P. for a complimentary breakfast briefing. This event will highlight key considerations in a successful M&A transaction or capital raising transaction in today's economic climate for the insurance industry. read more
October 6, 2014 12:40 PM | Permalink |
Edwards Wildman's latest Healthcare Update discusses the FDA's final guidance, “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices,” recommends that manufacturers consider cybersecurity risks as part of the design and development of a medical device, and submit documentation to the FDA about the risks identified and controls in place to mitigate those risks. read more
October 1, 2014 2:39 PM | Permalink |
Barry Weissman
California law presently provides for a limited exemption from discovery for a request for a document filed pursuant to the California Holding Company Act. This exemption applies to documents and information reported to the Insurance Commissioner in registration statements or obtained by or disclosed to the Insurance Commissioner in the course of an examination or investigation. read more
October 1, 2014 11:03 AM | Permalink |
Edwards Wildman’s latest healthcare advisory “Senate Passes Post-Acute Care Reform Bill; OIG Issues Special Advisory Bulletin on Drug Copayment Coupons” discusses legislation passed that was intended to strengthen and improve the Medicare post-acute care system. read more
September 29, 2014 10:36 AM | Permalink |
Alexander Henlin
The federal district court in Massachusetts recently declared that a general liability policyholder’s construction of a policy exclusion was irrational, with the result that the carrier owed no coverage for an underlying personal injury suit. In the course of its discussion, the court also highlighted First Circuit precedent for the proposition that the construction of an insurance policy should comport with “common sense.” read more
September 29, 2014 8:25 AM | Permalink |
Trupti Reddy, Jane Elphick
On September 24 2014, The Competition and Markets Authority (CMA) published the final report in its investigation into the private motor insurance market. The report covers the measures the CMA anticipates taking to increase competition in the car insurance market and reduce the cost of premiums.    read more
September 26, 2014 11:49 AM | Permalink |
Laura Bange
A spokesperson for the U.S. Treasury Department recently reaffirmed that the “[t]he Secretary has not determined that there has been an ‘act of terrorism’ under the Terrorism Risk Insurance Act” with respect to the April 15, 2013, Boston Marathon bombings. read more
September 22, 2014 11:53 AM | Permalink |
Laura Bange
Recently, a Massachusetts federal court issued an opinion limiting the ability of one insurer to seek reimbursement from another insurer under the doctrine of equitable contribution. In the insurance context, equitable contribution allows an insurer to seek contribution from a co-insurer after the insurer pays more than its proportionate share of a loss on a claim that both insurers are obligated to indemnify or defend.  read more
September 19, 2014 9:14 AM | Permalink |
In Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm), Mr Justice Blair held that Giles Insurance Brokers Ltd (Giles) was not liable in contract or negligence to a commercial client, Eurokey Recycling Ltd (Eurokey), after Eurokey was found to be severely underinsured following a fire at its premises.  read more
September 18, 2014 2:59 PM | Permalink |
Edwards Wildman's David Szabo, partner, Michaela Tabela, Tamara Klein and Courtney Scrubbs, associates, in the Healthcare Practice Group discuss “Reminder: Update Your "Grandfathered" Business Associate Agreements By September 23, 2014” and “Final Meaningful Use Regulations Published”  read more
September 18, 2014 8:55 AM | Permalink |
Geoffrey Rosenblat
On Tuesday, September 16, 2014, the U.S. House of Representatives passed H.R. 5461 by a vote of 327-97 (the “Bill”). Most significant to the insurance industry is Title I of the Bill, which clarifies the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).  read more
September 8, 2014 12:25 PM | Permalink |
Several recent court decision have expanded the overseas reach of the antitrust laws of the United States. This expansion presents unique problems for global insurance companies. When an insurer operating in a foreign country offers coverage to a U.S, insured, is it necessarily submitting to the complex rules and often harsh remedies of U.S. antitrust laws?  read more
September 8, 2014 7:59 AM | Permalink |
Edwards Wildman is a sponsor of the Reinsurance Association of America – Re Claims: Reinsurance Claims and Loss Management Conference on October 15-16, 2014 in New York, New York.  read more
September 4, 2014 11:07 AM | Permalink |
Edwards Wildman is a sponsor of The 2014 Symposium on Captive Insurance in Connecticut on September 17, 2014 in Stamford, CT  read more
September 4, 2014 10:56 AM | Permalink |
David Kendall
In its judgment delivered on 16 July 2014, the Supreme Court decided in FHR European Ventures v Cedar Capital [2104] UKSC 45 that a bribe or secret commission accepted by an agent is held on trust for his principal, rather than the principal merely having a claim for equitable compensation equal to the value of the bribe, thereby upholding the Court of Appeal decision which we blogged on 4 February 2013 (see here).  read more
August 25, 2014 1:11 PM | Permalink |
Laura Bange
Recently, the Massachusetts Attorney General announced that Women & Infants Hospital of Rhode Island (the “Hospital”) agreed to pay $150,000 to settle data breach allegations. In April 2012, the Hospital discovered that it was missing 19 unencrypted back-up tapes from its locations in Providence, Rhode Island and New Bedford, Massachusetts.  read more
August 25, 2014 1:03 PM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "Final Meaningful Use Regulations Under Review by OMB” and “Massachusetts Finalizes Risk-Bearing Provider Organization Regulations." read more
August 21, 2014 7:57 AM | Permalink |
Leo Spicer-Phelps
In the case of Starlight Shipping v Allianz Marine ([2014] EWCA Civ 1010), the appellant shipowners appealed a decision granting summary judgment to the Respondent Insurers for damages and declaratory relief. read more
August 18, 2014 10:28 AM | Permalink |
Alexander Henlin
On July 24, 2014, the Massachusetts Appeals Court issued an opinion arising out of a subcontractor’s clear-cutting of environmentally-sensitive property in Western Massachusetts. The decision in Pacific Indemnity Company v. Lampro, et al., 86 Mass. App. Ct. 60 (2014), is notable because the court declared, as a matter of law, that the subcontractor’s erroneous actions were not a fortuitous event for which liability insurance was designed but, rather, a normal, forseeable, and expected incident of doing business.  read more
August 14, 2014 1:46 PM | Permalink |
Aubrey Blatchley
The Connecticut Supreme Court recently held that an insurer has standing to pursue a declaratory judgment action against another insurer of a common insured to determine the existence of a duty to defend and the allocation of defense costs among them. Travelers Cas. & Sur. Co. of America, et al. v. The Netherlands Ins. Co., et al., No. S.C. 19089, -- Conn. -- (Conn. Aug. 5, 2014). A copy of the decision is available hereread more
The European Commission (the Commission) has invited interested parties to contribute to its consultation on the functioning of the Insurance Block Exemption Regulation (IBER).  read more
August 5, 2014 8:07 AM | Permalink |
Martin Whittle
In Robin & Barbara Bache and others v Zurich Insurance Plc [2014] EWHC 2430 (TCC), the court was asked to determine a preliminary issue concerning interpretation of a property development policy. The claimants agreed to lease flats yet to be built from a developer, paying a 10% deposit under the agreement. The defendant provided a policy to the developer, for the benefit of the claimants, which stated that “the policy protects you if your developer goes into liquidation…against the loss of contract exchange deposit”.    read more
July 31, 2014 3:33 PM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "Massachusetts Bans Physician Self Referral to Clinical Labs" and "Healthfirst Case May Help Clarify 60-Day Rule." read more
July 30, 2014 10:15 AM | Permalink |
August 19, 2014
12:00 PM EST

In a fast-paced debate based on a management liability hypothetical, our panel of experienced insurance industry insiders will discuss multiple issues and precedents typically arising in duty to advance cases.  read more
July 29, 2014 3:05 PM | Permalink |
Nicholas Secara
Today, the NCAA reached a preliminary $75 million settlement for the various concussion-based class actions that were consolidated in In Re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigationread more
July 21, 2014 8:38 AM | Permalink |
Martin Whittle
We have previously reported on the Law Commission and Scottish Law Commissions’ review of insurance contracts law (see our blog here). The Insurance Bill (the Bill), introduced to Parliament on 17 July 2014, contains the latest proposals to revise the law in this area (to view the latest Bill click here).  read more
July 18, 2014 3:22 PM | Permalink |
Zachary Lerner
On July 17, 2014, the Senate passed the Terrorism Risk Insurance Program Reauthorization Act of 2014, extending the original Terrorism Risk Insurance Act (“TRIA”) for an additional seven years. If the bill is ultimately signed into law, it will mark a victory for Senator Schumer, who introduced the original version of the bill in April of this year, as well as many industry participants who have been advocating for an extension of TRIA in order to provide clarity and stability with respect to terrorism risks.  read more
July 18, 2014 2:26 PM | Permalink |
Edwards Wildman's Les Levinson will be moderating the "Ins & Outs of Health-Care Acquisition Financing," webcast hosted by Irving Levin Associates, Inc. on August 7, 2014.  read more
July 17, 2014 10:30 AM | Permalink |
Nicholas Secara
Insurance industry professionals and attorneys are closely following the most recent concussion-based litigations as they proceed through state and federal courts. In the aftermath of such class actions—which have and likely will continue to result in settlements or awards at least in the hundreds of millions of dollars—the focus shifts to the policies of insurers and reinsurers and whether those policies provide coverage for the underlying claims.  read more
July 16, 2014 3:32 PM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "CMS Proposes Changes to the Home Health Face-to-Face Encounter Requirement" and "Sunshine Act Dispute Review Process Now Open".  read more
July 11, 2014 8:43 AM | Permalink |
Alexander Henlin
A New York federal court recently held that the timeliness requirement of Section 3420(d)(2) of the New York Insurance Law does not apply to an insurer’s reservation of rights letter. The decision is helpful for carriers that write liability insurance in New York because it delves into the circumstances in which carriers may (and may not) be found to have waived the right to assert certain coverage defenses under Section 3420(d)(2).  read more
July 10, 2014 8:10 AM | Permalink |
Sam Tacey
In Tokio Marine Europe Insurance Limited v Novae Corporate Underwriting Limited [2014] EWHC 2105 (Comm), Mr Justice Field granted an application by Tokio Marine Europe Insurance Limited (Tokio) for summary judgment, holding that a defence raised by Novae Corporate Underwriting Limited (Novae) that the underlying settlement was entered into without the insured having taken all proper and businesslike steps had no reasonable prospect of success.  read more
July 2, 2014 8:38 AM | Permalink |
Kimberley Cottrell
On 27 June 2014, the High Court of Justice of England and Wales sanctioned the solvent scheme of arrangement made by J.K. Buckenham Limited and its Scheme Creditors pursuant to Part 26 of the Companies Act 2006 which was voted on and approved by the Scheme Creditors during the meeting held on 4 June 2014.  read more
June 24, 2014 3:33 PM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "FDA Issues Draft Guidance for Medical Device Data Systems," "St. Luke's Cannot Delay Divestiture of Physician Group," and "CMS Soon to Release New ACO Rule."  read more
June 23, 2014 1:36 PM | Permalink |
Theodore Augustinos and Karen Booth, members of Edwards Wildman's Privacy & Data Protection Practice Group, discuss major amendments to Florida’s breach notification statute.

On Friday, Florida Governor Rick Scott signed the Florida Information Protection Act of 2014 (SB 1524, the “Act”) into law, amending Florida’s breach notification statute effective July 1, 2014.  The amendments are significant and will increase compliance obligations and risks to businesses that collect personal information of individuals “in Florida.”  read more
June 23, 2014 9:41 AM | Permalink |
We previously reported on the Law Commission and Scottish Law Commissions’ (the Commissions) review of insurance contract law and the draft Insurance Contracts Bill (the Bill) published in May 2014 (see our blog here). The Commissions have published a further draft of the Bill and draft Explanatory Notes which will accompany the Bill if and when the Bill is enacted (to view the Bill click here and to view the draft Explanatory Notes click here).  read more
June 20, 2014 1:11 PM | Permalink |
Coming on the heels of a recent NATO report that Russia is again massing troops near its border with Ukraine, the Office of Foreign Asset Control, part of the United States Treasury Department, announced the following new additions to the Specially Designated National List under its Ukraine-Related Sanctions Program:  read more
June 17, 2014 8:06 AM | Permalink |
Paul Dwyer, Benjamin Davis
A growing number of states have adopted so-called “matching” regulations, requiring the replacement the undamaged items when the damaged items cannot be replaced in a way that achieves a reasonably uninform appearance, which may give rise to increased litigation in the coming years.   read more
The U.S. Securities and Exchange Commission (“SEC”) expanded its recent focus on cybersecurity by addressing the responsibilities of corporate boards. In statements made during a June 10 talk at the New York Stock Exchange, SEC Commissioner Luis Aguilar highlighted the significant exposure that cyber risks present to companies and charged corporate boards with ultimate responsibility for addressing cybersecurity risk.  read more
June 12, 2014 2:56 PM | Permalink |
Edwards Wildman's Privacy and Data Protection Group is pleased to announce that the newest edition of its White Paper, "Everyone's Nightmare: Privacy and Data Breach Risks," has been issued.  read more
June 2, 2014 10:52 AM | Permalink |
Martin Whittle
In Mitsui Sumitomo Insurance Co (Europe) Ltd and Anor v The Mayor’s Office For Policing And Crime [2014] EWCA Civ 682, the Court of Appeal has handed down a landmark decision on the recoverability of consequential losses under s2(1) of the Riot (Damages) Act 1886 (the “Act”).  read more
May 29, 2014 10:14 AM | Permalink |
Edwards Wildman's Leslie Levinson, partner, and Michaela Tabela, associate in the Healthcare Practice Group discuss "AHA Sues Over Delays In Appeals Process,” “OMB to Review Home Health Agency Conditions of Participation,” “White House Supports Current Cybersecurity Rules,” and “OIG Proposed Rules Would Expand Civil Monetary Penalty Authority and Exclusion Authority."  read more
May 28, 2014 7:51 AM | Permalink |
Kimberley Cottrell
Edwards Wildman have been instructed to act for J.K. Buckenham Limited (the Company) in relation to a scheme of arrangement which is the first of its kind (the Scheme). Under the Scheme, the Company will ask scheme creditors to give up their contractual rights against the Company, which has been in run off since 2007, in return for a replacement contract with its sister company, Howden Insurance Brokers Limited (HIBL).  read more
May 20, 2014 7:52 AM | Permalink |
We have previously reported on the Law Commission and Scottish Law Commissions’ (the Commissions) review of insurance contract law.  read more
May 19, 2014 7:44 AM | Permalink |
Jacquelyn Burke
In Catlin Specialty Ins. Co. v. Am. Superconductor Corp., 12-2314-BLS1 (Mass. Super. Ct. Jan. 29, 2014), Catlin sought a declaration of no coverage based on late notice, among other reasons.  read more