The Wisconsin Court of Appeals recently ruled that “negligent misrepresentation” claims against the Archdiocese of Milwaukee arising from alleged molestation by priests are not covered under the Archdiocese’s CGL policy. …
Read More Wisconsin Court: “Negligent Misrepresentation” Claims By Molestation Victims Against Archdiocese Are Not Covered Under CGL Policy

The Superior Court of New Jersey, Appellate Division, recently affirmed a trial court’s decision to deny coverage to an attorney and his law firm who had been sued in an underlying malpractice action. …
Read More New Jersey Appellate Court Affirms Denial of Coverage for Attorneys’ Failure to Disclose Potential Malpractice Claim

On 15 December 2010 the Financial Services Authority (FSA) issued a final notice informing Scottish Equitable plc of the £2.8 million financial penalty levied on it for breaches of FSA Principle 3 that occurred between 2002 and 2010. …
Read More UK: The Financial Services Authority Fines Scottish Equitable plc £2.8 Million

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

The federal government filed a lawsuit yesterday in federal district  court in New Orleans — U.S. v. BP Exploration & Production Inc., et al. – seeking damages under the Clean Water Act and the Oil Pollution Act for all costs and harms caused by the BP disaster, including damages to the environment. …
Read More Obama Administration Sues BP and Others For the Deepwater Horizon Disaster