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A New York state intermediate appeals court recently upheld the “plain meaning” of a so-called “insured v. insured” exclusion contained in a not-for-profit directors and officers liability policy, but narrowly construed the exclusion. 

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Read More New York Appellate Division Affirms Narrow Interpretation of “Insured v. Insured” Exclusion in Not-for-Profit D&O Policy

The Minnesota Supreme Court recently affirmed the transfer of an insurance coverage action to a group of Minnesota judges specially assigned to hear asbestos cases.  In re Continental Cas. Co. v. 3M Co., Docket No. A07-784 (Minn., May 29, 2008). 

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Read More Minnesota High Court Approves Transfer of Coverage Dispute to Asbestos Judges

On June 25, 2008, the U.S. House of Representatives passed the ADA Amendments Act  (the “Act”) by a margin of 402-17.  The purpose of the Act is to reject court decisions that have narrowed the scope and protection for people with disabilities under the American with Disabilities Act (“ADA”) and restore its original Congressional intent. 

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Read More House Passes ADA Amendment

A New York based radiology practice (the “Plaintiff”) filed an action in the United States District Court for the Eastern District of New York against a benefits administration firm, CareCore National, LLC, that provides services for insurers including Aetna, GHI, HIP, Healthnet, Healthfirst, and Oxford. 

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Read More New York Radiology Practice Sues Health Care Benefits Administration Firm Contracted With Major Health Care Insurers Alleging Antitrust Violations

For the second time in just over a year, both houses of the New York Legislature passed a bill that would reverse New York’s longstanding “no-prejudice” rule.  Senate Bill 8610 and Assembly Bill 11541 (the “Bill”) prohibits insurers from denying a claim based on late notice unless the insurer can show that it was prejudiced by the untimely notice. …
Read More NY Legislature Passes Late Notice Bill Reversing Longstanding “No-Prejudice” Rule

One of Connecticut’s wealthiest families has recently brought an attachment suit against UBS AG, UBS Securities, LLC and UBS Financial Services, Inc. in an effort to require UBS to set aside $150 million to cover a potential reward in an ongoing FINRA arbitration concerning auction rate securities “ARS”). 

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Read More Connecticut Attachment Suit Provides Insight Into Auction Rate Securities Claims

The United States District Court for the District of Massachusetts recently granted a motion to dismiss a “demand excused” shareholder derivative suit on the basis that the suit was mooted by the plaintiffs’ subsequent demand letter. …
Read More Massachusetts Federal Court: Subsequent Demand Moots Demand-Excused Derivative Suit

Connecticut Governor M. Jodi Rell recently vetoed House Bill 5536, An Act Establishing the Connecticut Healthcare Partnership (the “Bill”), which is intended to achieve savings for Connecticut municipalities, nonprofit groups and small employers with 50 employees or less by allowing them to join the current state employees’ health insurance program. 

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Read More Connecticut Governor Vetoes Bill Establishing the Connecticut Healthcare Partnership

The U.S. First Circuit Court of Appeals recently certified to the Massachusetts Supreme Judicial Court critical questions regarding allocation of loss to multiple insurers for long-term environmental contamination. …
Read More First Circuit Federal Appeals Court Certifies Important Allocation Questions to Massachusetts Supreme Judicial Court