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On 14 December 2010, the UK’s Office of Fair Trading (OFT) announced that it is to undertake a study of competition in the UK private healthcare market. Such studies, which typically last for 6-12 months, can lead to the OFT making recommendations to government on how competition could be improved and/or a full market investigation reference to the Competition Commission (CC). …
Read More UK: OFT to Launch Market Study into Private Healthcare

Lawmakers worked to complete their legislative “to do” list during the lame duck session of Congress, including tax relief legislation, a continuing resolution to keep the government running into next year in the absence of regular FY 2011 appropriations bills, and a host of other end-of-session priorities. In health-related news, such priorities included a one year patch to prevent deep reimbursement cuts from impacting physicians. In addition, two legal challenges to the new healthcare reform law also made headlines last week. …
Read More Healthcare News From Capitol Hill and The Department of Health and Human Services – December 20, 2010

Following the reasoning of the First Circuit in its Genzyme decision (see prior blog entry here), a federal court in Virginia has granted summary judgment to an insured whose carrier had sued to recoup a $15 million settlement under a D&O policy.  Houston Casualty Company v. Sprint Nextel Corporation, No. 09-cv-1387 (E.D.Va. Nov. 22, 2010). …
Read More Virginia Court Follows First Circuit’s Genzyme Reasoning, Rejects Carrier’s Bid to Recoup $15mm D&O Payout

In Templeton Insurance Ltd v Motorcare Warranties Ltd [2010] EWHC 3113 (Comm) the Commercial Court heard a dispute between Templeton, an insurance company incorporated in the Isle of Man, engaged in the business of selling mechanical breakdown insurance (MBI), and its UK agent, Motorcare. …
Read More UK: Fraudulent Misrepresentation by Onshore Agent to Offshore Insurer

Mortgage Express v Mehrban Michael Singh Sawali [2010] EWHC 3054 (Ch) concerned attempts by Mortgage Express to obtain the entire contents of a solicitor’s files created in relation to the solicitor’s joint retention by Mortgage Express and a number of its borrowers. …
Read More UK: High Court Ruling Causes Headache for Solicitors’ Professional Indemnity Insurers

On December 2 2010, Bermuda signed a Tax Information Exchange Agreement (“TIEA”) with the People’s Republic of China in an effort to strengthen the economic and political ties between the two countries.  Both Bermuda and China served as co vice-chairs of the Organisation for Economic Co-operation and Development (“OECD”) Global Forum on Transparency and Exchange of Information for Tax Purposes and the TIEA established between the two countries is based on the OECD’s principles of transparency and cooperation. …
Read More Bermuda Signs Tax Information Exchange Agreement with China