In Hussain v Hussain and Aviva UK Insurance Limited, the Court of Appeal (CA) allowed an appeal by the claimant against the first instance judge’s finding that he was compliant in a fraudulent claim. …
Read More UK: Court of Appeal Allows Appeal Against Finding That Motor Insurance Claim was Fraudulent

In a new decision, the Court of Appeals of Ohio ruled that a life insurer is under no duty to search the Social Security Death Master File (“DMF”) to independently determine on an annual basis whether policyholders deceased prior to the insurer receiving proof of death from beneficiaries or claimants.  See Andrews v. Nationwide Mutual Insurance Company, No. 97891 (Ohio Ct. App. Oct. 25, 2012). …
Read More Ohio Court of Appeals Holds Life Insurer Has No Affirmative Duty to Search Social Security Death Master File

Seven years ago, Hurricane Katrina made landfall in New Orleans.  In the days that followed Katrina, we and others who focus on questions of insurance coverage debated whether the devastation in Mississippi and Louisiana had been caused by water or by wind.  We discussed slabs, anti-concurrent causation clauses, levees, efficient proximate cause, valued policy laws, and local and national political dynamics. …
Read More Sandy: Déjà Vu?

Effective January 1, 2013, Massachusetts long-term care insurance (“LTCi”) policies must comply with Senate Bill 2359, legislation that establishes a new chapter 176S in the General Laws that sets forth statutory standards specifically for LTCi.  Previously, LTCi statutory standards were set by reference to the accident and health provisions of Chapter 175 of the General Laws of the Commonwealth. …
Read More Long-term Care Insurance Act Passed in Massachusetts

CMS RELEASES FIVE RULES AFFECTING PROVIDER PAYMENTS
On November 1 and 2, the Centers for Medicare & Medicaid Services (CMS) released a flurry of rules dealing with healthcare provider payments for fiscal year 2013 and other matters. One rule, released on November 1, sets forth changes to the Medicare physician fee schedule. …
Read More Healthcare Update: CMS Releases Five Rules Affecting Provider Payments

Investors in various mutual funds managed by Principal Financial Group filed a derivative action under Section 36(b) of the Investment Company Act of 1940 in Iowa federal court in late October, alleging that the company charged excessive fees.  The complaint in Curran et al. v. Principal Management Corporation & Principal Funds Distributor, Inc., S.D. Iowa No. 12-513, is available here. …
Read More Are Mutual Fund Investors Seeking an End Run Around Ameriprise Financial v. Gallus?

In response to the extensive damage suffered throughout the northeastern corridor during October, 2012 as a result of Superstorm Sandy, multiple state insurance agencies are intervening on behalf of homeowners by announcing that they will not be required to pay hurricane deductibles on their insurance policies. …
Read More “Sandy” Brings Costs to Homeowners, but not Hurricane Deductibles

The District of Massachusetts has issued a decision in Vicor v. Vigilant Ins. Co. et al., after getting the case back on remand from the First Circuit. …
Read More On Remand from First Circuit, District Court Upholds Summary Judgment Ruling Discharging Insurers’ Duty to Defend

Edwards Wildman Speakers:  John D. Hughes, Mary-Pat Cormier, Charles Proctor

This program will briefly address the origins of the LIBOR isue and the background facts allegedly supporting the LIBOR claims brought in the US; then the nature of those claims, the defendants, and the defenses asserted by those defendants; and then finally the types of insurances policies implicated by these claims; and the coverage issues which these claims will raise with respect to these policies. …
Read More Complimentary Edwards Wildman Webinar – LIBOR Litigation: Spotlight on Insurance Coverage

In Amlin Corporate Member Ltd v Oriental Assurance Corporation [2012] EWCA Civ 1341, the Court of Appeal upheld the decision of the court of first instance in refusing a stay of English proceedings brought by reinsurers to seek to establish that they were not liable under a contract of reinsurance. …
Read More UK: Court of Appeal Rules ‘Follow the Settlements’ Clause Not Sufficient to Permit a Stay of Proceedings