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February 25, 2015 9:46 AM | Permalink |
Thomas Bush
Insurance companies face increased scrutiny from both government antitrust enforcers and the plaintiff antitrust class action bar. With many companies now undertaking a reassessment of their practices for compliance with antitrust laws, antitrust issues are arising with joint underwriting arrangements, such as pools and binding authorities, where a single underwriter prices and accepts risks on common terms for several insurers. read more
February 24, 2015 1:52 PM | Permalink |
Recent efforts by hospitals, physician practice groups and health insurance and managed care companies to lower health care delivery costs and better align their respective interests following the passage of the Affordable Care Act was the focus of a Bloomberg BNA article from Locke Lord LL lawyers Jon Biasetti, Baird Allis and Benjamin Sykes. read more
February 18, 2015 3:31 PM | Permalink |
The California Department of Insurance issued a bulletin on February 18, 2015 advising insurers that they may not use “price optimization” as a rating factor in California. read more
February 18, 2015 11:22 AM | Permalink |
The NAIC’s Private Equity Issues Working Group has exposed for comment the attached, proposed revised guidance to be added to Financial Analysis Handbook related to reviewing Change In Control Applications . read more
February 16, 2015 8:50 AM | Permalink |
Jenna Mintzer
Federal Insurance Office (FIO) Director Michael McRaith announced during the Federal Advisory Committee on Insurance (FACI) meeting last week that the FACI is expected to issue its recommendations on retirement security, capital standards, and cybersecurity by the next FACI meeting in May. read more
February 13, 2015 11:02 AM | Permalink |
Theodore Augustinos, Karen Booth
As further analyzed in our QuickStudy, available here, New Jersey has enacted a new law (P.L. 2014, c. 88, codified at N.J. Stat. Ann. §§ 56:8-196 - 56:8-198) effective August 1, 2015, requiring health insurance carriers authorized to issue health benefits plans in New Jersey to encrypt personal information that they store electronically. read more
February 11, 2015 1:07 PM | Permalink |
Jenna Mintzer
On February 9, Connecticut Governor Dannel Malloy wrote a letter to U.S. Department of the Treasury Secretary Jacob Lew and U.S. Trade Representative Ambassador Michael Froman expressing his concern over their departments’ consideration of preempting state insurance regulation by potentially negotiating a “covered agreement” with foreign authorities. read more
February 10, 2015 3:33 PM | Permalink |
Laura Bange
In a recent decision, a Massachusetts trial court addressed whether an insurer could recoup previously-paid indemnity and defense costs from its insured. Finding that the insured had not obtained the payments as a result of fraud or bad faith, and that the insurer had failed to cite policy language permitting reimbursement or show that the insured had entered into an express agreement regarding the insurer’s right to seek reimbursement, the court rejected the insurer’s request for reimbursement. read more
February 9, 2015 2:57 PM | Permalink |
Barry Weissman

Co-Authored by: Ben Sykes and Barry Weissman

During a special meeting of the National Association of Insurance Commissioners (NAIC) on February 8, members elected Missouri Insurance Director John M. Huff to the office of NAIC President-Elect.

read more
February 6, 2015 9:23 AM | Permalink |
Locke Lord Edwards' latest Healthcare Update discusses that CMS proposes to update the EHR Incentive Program; that HHS announced timeline for medicare payment reform; that OIG issued favorable advisory opinion regarding patient assistance program; and the HIPAA settlement following breach caused by malware. read more
February 6, 2015 9:12 AM | Permalink |
Tara Robertson
On Wednesday, the Financial Stability Oversight Council (FSOC) announced that it had changed its non-bank review process. read more
February 6, 2015 8:59 AM | Permalink |
John Dearie
Earlier this week, the U.S. Department of Treasury Federal Insurance Office released Interim Guidance on implementation of the Terrorism Risk Insurance Program Reauthorization Act of 2015, which was signed into law last month after the prior program had expired on January 1. read more
February 4, 2015 5:22 PM | Permalink |
Treasury Secretary Jacob (Jack) Lew presided over an executive session of the Financial Stability Oversight Council (Council) on Wednesday, February 4.  read more
February 3, 2015 11:30 AM | Permalink |
President Obama’s fiscal year 2016 budget once again contains a revenue proposal to tax certain reinsurance transactions between U.S. insurers and foreign reinsurers. The proposal would apply to a U.S. ceding company that reinsures property/casualty risks with an affiliated foreign reinsurer.  read more
January 29, 2015 12:01 PM | Permalink |
Jenna Mintzer
Since the Terrorism Risk Insurance Program Reauthorization Act was signed into law by President Obama on January 12, many have been waiting on guidance from the U.S. Treasury Department regarding implementation of the new program. read more
January 29, 2015 12:01 PM | Permalink |
Jenna Mintzer
Since the Terrorism Risk Insurance Program Reauthorization Act was signed into law by President Obama on January 12, many have been waiting on guidance from the U.S. Treasury Department regarding implementation of the new program. read more
January 27, 2015 6:54 PM | Permalink |
The Illinois Department of Insurance recently published proposed regulations impacting insurance producer licensing in Illinois.  While largely technical in nature, the proposed rules do require an individual to spend at least 51% of their time in Illinois to be considered a “resident” producer.  read more
January 23, 2015 11:21 AM | Permalink |
Last week, the Appellate Division (First Department) of the New York State Supreme Court issued its latest ruling in the matter of JP Morgan Securities, Inc. v. Vigilant Insurance Company. read more
January 21, 2015 5:02 PM | Permalink |
Theodore Augustinos
The NY State Department of Financial Services has announced new IT examination procedures for banks chartered or licensed in NYS to focus on cyber security. read more
January 21, 2015 2:44 PM | Permalink |
Jenna Mintzer
Florida Insurance Commissioner Kevin McCarty has been selected by the NAIC as the new chair of the NAIC’s International Insurance Relations Committee. McCarty has been very involved and outspoken on international insurance issues for several years on behalf of the U.S. insurance industry. read more
January 15, 2015 10:16 AM | Permalink |
Anthony B. Sherman, partner in our Chicago office, discusses how Congress has put in place a mechanism to streamline nonresident licensing for insurance producers. The National Association of Registered Agents and Brokers Reform Act of 2015 was included in the federal legislation reauthorizing TRIA, the ‘‘Terrorism Risk Insurance Program Reauthorization Act of 2015” (H.R. 26) (TRIPRA), which President Obama signed into law on January 12, 2015. read more
January 13, 2015 12:18 PM | Permalink |
Jenna Mintzer

On Monday, President Obama signed into law the TRIA reauthorization bill that passed overwhelmingly in both the House and the Senate last week.

read more
January 10, 2015 11:42 AM | Permalink |
January 12, 2015 – Locke Lord LLP and Edwards Wildman Palmer LLP have officially merged, creating Locke Lord Edwards, a firm with more than 1,000 lawyers in 23 cities around the world as well as a combined history of more than 125 years. read more
January 9, 2015 9:54 AM | Permalink |
Jenna Mintzer
The Senate overwhelmingly voted to pass the TRIA reauthorization, which passed on Wednesday in the House, by a vote of 93-4. read more
January 8, 2015 1:49 PM | Permalink |

In conjunction with Data Privacy Day, the next Privacy After Hours takes place on Wednesday, January 28 and you're invited!  

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January 7, 2015 7:50 AM | Permalink |
Jenna Mintzer
The new Congress, which convened last Tuesday, took its first step toward the reauthorization of TRIA today when the House passed legislation to extend TRIA by a vote of 416-5, with one lawmaker voting present. read more
January 5, 2015 10:43 AM | Permalink |
Jenna Mintzer
President Obama has signed into law The Insurance Capital Standards Clarification Act, S. 2270, which loosens the Dodd-Frank capital restrictions on insurers. read more
December 30, 2014 4:39 PM | Permalink |
Zachary Lerner
As of December 31, 2014, the Terrorism Risk Insurance Program Reauthorization Act of 2007 (“TRIA”) will expire. read more
December 17, 2014 7:58 AM | Permalink |
Jenna Mintzer
The U.S. Senate adjourned for the year on Tuesday without passing an extension of TRIA. Strong opposition from retiring Senator Tom Coburn (R-OK) blocked a vote on the measure that was overwhelmingly supported by lawmakers in the House as well as the business community. read more
December 11, 2014 3:02 PM | Permalink |
Jenna Mintzer
On Wednesday, the House overwhelmingly passed an extension of TRIA by a vote of 417-7. The House vote is a step closer to ensuring the bill does not expire at years’ end. read more
December 11, 2014 11:41 AM | Permalink |
Jenna Mintzer
Congress passed a bill that will loosen the Dodd-Frank capital rules imposed on insurers. read more
December 5, 2014 2:48 PM | Permalink |
Jenna Mintzer
As the December 31st expiration of TRIA moves closer, House Majority Leader Kevin McCarthy (R-CA) announced yesterday that next week the House will vote on proposed legislation to ensure TRIA does not lapse at year’s end. read more
December 5, 2014 9:53 AM | Permalink |
Jacquelyn Burke
In Santacroce v. Sametz, a plaintiff brought suit against both the alleged tortfeasor for negligence, and the tortfeasor’s insurer for bad faith in violation of Mass. Gen. Laws chs. 176D and 93A. The insurer, as is often the case, moved to sever and stay the Chapter 176D and 93A claims. This motion was denied by the trial judge, who noted that “privileges [work product and attorney client] can be protected by less drastic methods than severance and staying these claims.” read more
November 26, 2014 12:47 PM | Permalink |
Laura Bange
The Supreme Judicial Court of Massachusetts recently considered whether an insured could pursue a claim against an insurer which had breached its duty to defend for unfair or deceptive acts or practices under G.L. c. 93A, § 11, notwithstanding the insurer’s full reimbursement of the insured’s expenses, plus interest.  read more
November 25, 2014 8:22 AM | Permalink |
Edwards Wildman's latest Healthcare Update discusses that the New CMS Guidelines on Telemedicine Reimbursement; that OIG Releases 2015 Work Plan and OCR Issues Bulletin on Privacy in Emergency Situations. read more
November 12, 2014 11:37 AM | Permalink |
In the long standing tradition of the attorneys of Edwards Wildman Palmer LLP we will be attending the Fall NAIC Meeting in Washington, D.C., November 15-17, 2014. read more
November 12, 2014 9:53 AM | Permalink |
Jacquelyn Burke
On October 28, the United States District Court for the District of Massachusetts denied an insurer’s motion for summary judgment in a coverage action it had brought against its insured on a professional liability policy, an insurance broker who specialized in the placement of professional liability coverage for professionals including real estate agents and brokers. read more
November 12, 2014 8:27 AM | Permalink |
Edwards Wildman's latest Healthcare Update discusses how OIG issues favorable advisory opinion for Medigap “Preferred Hospital” network arrangement; the FDA issued a draft guidance on stem cell same surgery exception; and the $840 million in grants that are available through new HHS Transformation Initiative. read more
November 10, 2014 10:16 AM | Permalink |
Insurers can take comfort that their decision to bring a rescission action against a Massachusetts insured will not itself effect a waiver of the attorney-client privilege, at least in cases where the carrier’s process for deciding whether to sue is not relevant to the rescission claim itself. The federal district court in Massachusetts recently considered that precise question in Preferred Mutual Insurance Company v. Lodigiani, No. 13-cv-30138-MGM (D.Mass. Aug. 12, 2014). read more
November 6, 2014 3:46 PM | Permalink |
Tara Robertson
With Republicans taking control of the U.S. Senate and increasing its majority in the House of Representatives on Tuesday, Congress will see significant changes next year. read more
November 6, 2014 11:40 AM | Permalink |
In Betty Sophia Smith Ferguson and others v J & A Lawson (Joiners) Limited [2014] CSIH 82, Lady Paton of the Court of Session Inner House dismissed an appeal from the defendants, who argued that the Lord Ordinary had erred in law at first instance. read more
November 4, 2014 10:05 AM | Permalink |
In Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (The DC Merwestone) ([2014] EWCA Civ 1349) the appellant shipowners appealed a decision made on the basis of the fraudulent devices principle discussed obiter in the case of Agapitos v Agnew (The Aegeon) (No.1) ([2002] EWCA Civ 247) that they could not recover losses from the respondent hull and machinery underwriters. The Court of Appeal chose to apply The Aegeon and dismissed the appeal. read more
October 27, 2014 10:33 AM | Permalink |
Following the Supreme Court’s determination as to jurisdiction (see our article) and the Court of Appeal’s ruling on the substantive issues, the case of Starlight Shipping v Allianz Marine ([2014] EWHC 3068 (Comm)) returned to the Commercial Court for two further issues to be decided. read more
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 |
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