The U.S. Senate adjourned for the year on Tuesday without passing an extension of TRIA. Strong opposition from retiring Senator Tom Coburn (R-OK) blocked a vote on the measure that was overwhelmingly supported by lawmakers in the House as well as the business community.
Read More Senate Adjourns Without Passing TRIA Extension

On Wednesday, the House overwhelmingly passed an extension of TRIA by a vote of 417-7. The House vote is a step closer to ensuring the bill does not expire at years’ end.
Read More House Passes TRIA Extension and Sends the Bill to Senate

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