Ace European Groups & Ors v Standard Life Assurance Ltd [2012] EWCA Civ 1713 concerned an appeal against a decision of the Commercial Court that Standard Life’s cash injection into its Pension Sterling Fund constituted an insured “mitigation cost” under the policy and that no apportionment of costs was required. Please see our previous blog on the Commercial Court’s decision here. …
Read More UK: Court of Appeal Upholds Standard Life’s £96m “Mitigation Costs” Victory Over Insurers

In Quadra Commodities S.A. v Ergo Versicherung AG & Ors [2012] EWHC 2687 (Comm) the Commercial Court refused the defendant cargo insurers leave to amend their Defence and submit a Counterclaim in respect of alleged non-disclosure on the claimants’ part. …
Read More UK: Commercial Court Refuses Insurers Permission to Amend Pleadings on Grounds of Non-Disclosure

Edwards Wildman finished a strong year of recognition in 2012, highlighted by its ranking as the #1 law firm in the US in Reactions’ annual survey of insurance law firms. The firm garnered the top spot on the strength of top rankings in the categories of “Regulation” and “Insolvency,” as well as a third-place ranking in “Litigation.” …
Read More Reactions Award Marks Impressive Year for Edwards Wildman

Pursuant to Executive Order 2013-1, dated January 16, 2013, Michigan Governor Rick Snyder has created a new cabinet-level department of the state government, the Department of Insurance and Financial Services (the “New Department”). Governor Snyder’s executive order becomes effective in 60 days. …
Read More Michigan Insurance Regulator Elevated to Cabinet-Level Department

On January 17, 2013, the U.S. Department of Health and Human Services released final regulations implementing changes to HIPAA mandated by the HITECH Act, as well as updated regulations under the Genetic Information Nondiscrimination Act. This major rulemaking package includes changes to the HIPAA privacy rule, information security rule, data breach notification rule and enforcement rule. …
Read More New HIPAA Regulations Released

The Financial Services Authority (FSA) recently published a series of papers relating to the proposed changes to the regulatory requirements needed to create the new rulebooks and policies for the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). …
Read More UK: FSA Issues Consultation Papers and Guidance on Proposed Changes to Regulatory System

NEW ACOs APPROVED
On January 10, the U.S. Department of Health & Human Services (HHS) announced that it had approved 106 new accountable care organizations (ACOs), bringing the total approved to 259 thus far. An HHS official had predicted in November that the number of ACOs might double in January. …
Read More Healthcare Update: New ACOs Approved; More States Receive Approval for Exchanges

In a recent decision, the U.S. Court of Appeals for the First Circuit held that the doctrine of issue preclusion barred an insured from litigating the applicability of an insurance policy exclusion where an arbitration panel had previously addressed a related, but not identical, question of law. The case is Manganella v. Evanston Insurance Company, No. 12-1137. A copy of the decision is available here. …
Read More First Circuit: Arbitration Decision Bars Insured From Litigating Coverage Issues

An Edwards Wildman team led by Steve Prignano (Providence), Josh Broudy (Hartford) and David Sigmon (New York) obtained summary judgment for our client National Union Fire Insurance Company of Pittsburgh, Pa. (“National Union”) in a case involving coverage claims brought by Payless Shoe Source, Inc. (“Payless”). …
Read More Edwards Wildman Team Gets Big Coverage Win in TCPA Violation Case