In Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (The DC Merwestone) ([2014] EWCA Civ 1349) the appellant shipowners appealed a decision made on the basis of the fraudulent devices principle discussed obiter in the case of Agapitos v Agnew (The Aegeon) (No.1) ([2002] EWCA Civ 247) that they could not recover losses from the respondent hull and machinery underwriters. The Court of Appeal chose to apply The Aegeon and dismissed the appeal.
Read More UK: Court of Appeal considers application of the doctrine of “fraudulent devices

Following the Supreme Court’s determination as to jurisdiction and the Court of Appeal’s ruling on the substantive issues, the case of Starlight Shipping v Allianz Marine ([2014] EWHC 3068 (Comm)) returned to the Commercial Court for two further issues to be decided.
Read More UK: Commercial Court Awards Declaratory Relief and Specific Performance Order to Insurers

Edwards Wildman’s latest Healthcare Update discusses that the Office of Inspector General (“OIG”) published a proposed rule that would amend the safe harbors to the anti-kickback statute (“AKS”) and the civil monetary penalty (“CMP”) rules under the authority of the OIG; and how CMS launched open payments database on September 30, 2014.
Read More Healthcare Update: OIG Proposed Rule Would Amend Anti-Kickback Statute Safe Harbors and Civil Monetary Penalty Rules; CMS Launches Open Payments Database

Edwards Wildman’s latest Privacy Client Advisory discusses how recent amendments to California statues governing breach notification and data safeguards impose new obbligations.
Read More New California Requirements Shake Up Breach Notification and Data Safeguards

Please join BDO USA, LLP, Edwards Wildman Palmer LLP and Sandler O’Neill + Partners, L.P. for a complimentary breakfast briefing. This event will highlight key considerations in a successful M&A transaction or capital raising transaction in today’s economic climate for the insurance industry.
Read More Please Join Us: Insurance M&A and Capital Raising Roundtable

Edwards Wildman’s latest Healthcare Update discusses the FDA’s final guidance, “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices,” recommends that manufacturers consider cybersecurity risks as part of the design and development of a medical device, and submit documentation to the FDA about the risks identified and controls in place to mitigate those risks.
Read More Healthcare Update: FDA: Industry Must Address Cybersecurity Risks for Medical Devices

California law presently provides for a limited exemption from discovery for a request for a document filed pursuant to the California Holding Company Act. This exemption applies to documents and information reported to the Insurance Commissioner in registration statements or obtained by or disclosed to the Insurance Commissioner in the course of an examination or investigation.
Read More California Broadens the Exemption to the Confidentiality of Statements Filed Pursuant to the California Holding Company Act

Edwards Wildman’s latest healthcare advisory “Senate Passes Post-Acute Care Reform Bill; OIG Issues Special Advisory Bulletin on Drug Copayment Coupons” discusses legislation passed that was intended to strengthen and improve the Medicare post-acute care system.
Read More Healthcare Update: Senate Passes Post-Acute Care Reform Bill; OIG Issues Special Advisory Bulletin on Drug Copayment Coupons

The federal district court in Massachusetts recently declared that a general liability policyholder’s construction of a policy exclusion was irrational, with the result that the carrier owed no coverage for an underlying personal injury suit. In the course of its discussion, the court also highlighted First Circuit precedent for the proposition that the construction of an insurance policy should comport with “common sense.”…
Read More Massachusetts Federal Court Declares Insured’s Construction Of General Liability Policy “Irrational”

On September 24 2014, The Competition and Markets Authority (CMA) published the final report in its investigation into the private motor insurance market. The report covers the measures the CMA anticipates taking to increase competition in the car insurance market and reduce the cost of premiums.   …
Read More UK: CMA publishes final report in car insurance market investigation