As the December 31st expiration of TRIA moves closer, House Majority Leader Kevin McCarthy (R-CA) announced yesterday that next week the House will vote on proposed legislation to ensure TRIA does not lapse at year’s end.
Read More U.S. House to Vote on TRIA Extension

In Santacroce v. Sametz, a plaintiff brought suit against both the alleged tortfeasor for negligence, and the tortfeasor’s insurer for bad faith in violation of Mass. Gen. Laws chs. 176D and 93A. The insurer, as is often the case, moved to sever and stay the Chapter 176D and 93A claims. This motion was denied by the trial judge, who noted that “privileges [work product and attorney client] can be protected by less drastic methods than severance and staying these claims.”…
Read More Massachusetts Appeals Court Orders That 93A Claim Against Carrier Be Severed, Reverses Trial Court

The Supreme Judicial Court of Massachusetts recently considered whether an insured could pursue a claim against an insurer which had breached its duty to defend for unfair or deceptive acts or practices under G.L. c. 93A, § 11, notwithstanding the insurer’s full reimbursement of the insured’s expenses, plus interest. …
Read More Massachusetts High Court Rules That Insurer’s Full Reimbursement of Insured’s Expenses Does Not Bar Insured’s G.L. c. 93A Claim

Edwards Wildman’s latest Healthcare Update discusses that the New CMS Guidelines on Telemedicine Reimbursement; that OIG Releases 2015 Work Plan and OCR Issues Bulletin on Privacy in Emergency Situations.
Read More Healthcare Update: New CMS Guidelines on Telemedicine Reimbursement; OIG Releases 2015 Work Plan; OCR Issues Bulletin on Privacy in Emergency Situations

On October 28, the United States District Court for the District of Massachusetts denied an insurer’s motion for summary judgment in a coverage action it had brought against its insured on a professional liability policy, an insurance broker who specialized in the placement of professional liability coverage for professionals including real estate agents and brokers.
Read More District of Massachusetts Finds Coverage Under A Professional Liability Policy In Underlying Case Centered On Unfair Competition

Edwards Wildman’s latest Healthcare Update discusses how OIG issues favorable advisory opinion for Medigap “Preferred Hospital” network arrangement; the FDA issued a draft guidance on stem cell same surgery exception; and the $840 million in grants that are available through new HHS Transformation Initiative.
Read More Healthcare Update: OIG Issues Favorable Advisory Opinion for Medigap “Preferred Hospital” Network Arrangement; FDA Issues Draft Guidance on Stem Cell Same Surgery Exception; $840 Million in Grants Available Through New HHS Transformation Initiative

Insurers can take comfort that their decision to bring a rescission action against a Massachusetts insured will not itself effect a waiver of the attorney-client privilege, at least in cases where the carrier’s process for deciding whether to sue is not relevant to the rescission claim itself. The federal district court in Massachusetts recently considered that precise question in Preferred Mutual Insurance Company v. Lodigiani, No. 13-cv-30138-MGM (D.Mass. Aug. 12, 2014).
Read More Massachusetts Federal Court Rules That Insurer’s Decision To Commence Rescission Action Does Not Waive Attorney-Client Privilege

With Republicans taking control of the U.S. Senate and increasing its majority in the House of Representatives on Tuesday, Congress will see significant changes next year.
Read More Early Thoughts About Insurance Matters After The 2014 US Elections

In Betty Sophia Smith Ferguson and others v J & A Lawson (Joiners) Limited [2014] CSIH 82, Lady Paton of the Court of Session Inner House dismissed an appeal from the defendants, who argued that the Lord Ordinary had erred in law at first instance.
Read More UK: Scottish appeal court upholds judge’s decision to permit a time-barred claim to proceed