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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 |
Alexander Henlin
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 |
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 |
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, foreseeable, 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 |
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