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January 23, 2015 11:21 AM | Permalink |
Alexander Henlin
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.

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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 |
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 |
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 |
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 |
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
August 6, 2014 10:48 AM | Permalink |
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 |
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