In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) ruled on August 6, 2007 that a “follow-form” excess liability insurer is not bound by the decision of a primary insurer to settle a claim.
The Brocade Options Backdating Trial: Reyes Found Guilty on All Counts
By Troutman Pepper Locke on
On Tuesday, August 7, 2007, after more than a week of deliberations, the jury in the criminal trial of ex-Brocade CEO Greg Reyes returned a guilty verdict.
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Massachusetts Mandatory Health Insurance
By Troutman Pepper Locke on
On April 12, 2006, Massachusetts Governor Mitt Romney signed a health care bill, known as “An Act Providing Access to Affordable, Quality, Accountable Health Care (the “Act”)”, into law.
New United Kingdom Life Insurance Product Offers Vegetarians Discount
By Troutman Pepper Locke on
Animal Friends Insurance (“Animal Friends”), a UK nonprofit pet insurance specialist, has partnered with Liverpool Victoria to introduce a novel term life insurance product that gives vegetarians and fish-eaters an average discount of six percent on premiums.
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Alabama Appeals Court Finds Ten Days Not Reasonable Notice of Settlement Under Auto Insurance Policy
By Troutman Pepper Locke on
Posted in Coverage & Claims, United States
An intermediate Alabama court of appeals recently held that an automobile insurer properly denied underinsured motorist benefits where it had received only ten days notice of potential settlement of the underlying litigation. Morgan v. Safeway Ins. Co. of Alabama, Inc., 2007 WL 1866768 (June 29, 2007).
Massachusetts Court Applies Subjective Test Concerning Good Health Requirement In Life Insurance Policy
A Massachusetts court recently ruled that a “good health” requirement in a life insurance policy must be interpreted based upon what the contracting parties knew at the time the policy was issued (a subjective test), not based upon what in fact turned out to be true based on discoveries made at a later date (an objective test).
Massachusetts Recognizes Common Interest Doctrine, Joint Defense Privilege
By Troutman Pepper Locke on
Massachusetts’ highest court recently formally recognized joint defense agreements as an exception to waiver of the attorney-client privilege under the common interest doctrine. Hanover Ins. Co. v. Rapo & Jepsen Ins. Svcs., Inc., Docket No. SJC-09780 (August 3, 2007).
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Senate Committee Approves Bill to Create Natural Disaster Commission
Last week, the Senate Baking, Housing, and Urban Affairs Committee, in a voice-vote, approved a bill (The Commission on Natural Catastrophe Risk Management and Insurance Act of 2007) that would create a national commission to examine natural disaster risks.
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Medical Malpractice Premiums to Increase in New York
By Troutman Pepper Locke on
On July 2, 2007, New York State Insurance Superintendent Eric R. Dinallo announced that the Department approved a 14% increase in medical malpractice insurance rates.
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Florida District Court Refuses to Imply Follow the Fortunes in Reinsurance Contract
By Troutman Pepper Locke on
In a recent decision analyzing the follow the fortunes doctrine, a federal district court in Florida held that the doctrine should not be implied in a reinsurance contract.
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