Edwards Wildman’s David Szabo, partner, in the Healthcare Practice Group discusses “Reminder: Update Your “Grandfathered” Business Associate Agreements By September 23, 2014” and “Final Meaningful Use Regulations Published” …
Read More Healthcare Update: Reminder: Update Your “Grandfathered” Business Associate Agreements By September 23, 2014; Final Meaningful Use Regulations Published

On Tuesday, September 16, 2014, the U.S. House of Representatives passed H.R. 5461 by a vote of 327-97 (the “Bill”). Most significant to the insurance industry is Title I of the Bill, which clarifies the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). …
Read More U.S. House Approves Amendments to Dodd-Frank Capital Requirements

In its judgment delivered on 16 July 2014, the Supreme Court decided in FHR European Ventures v Cedar Capital [2104] UKSC 45 that a bribe or secret commission accepted by an agent is held on trust for his principal, rather than the principal merely having a claim for equitable compensation equal to the value of the bribe, thereby upholding the Court of Appeal decision which we blogged on 4 February 2013 (see here). …
Read More UK: Principal’s Remedies for Secret Commission

Recently, the Massachusetts Attorney General announced that Women & Infants Hospital of Rhode Island (the “Hospital”) agreed to pay $150,000 to settle data breach allegations. In April 2012, the Hospital discovered that it was missing 19 unencrypted back-up tapes from its locations in Providence, Rhode Island and New Bedford, Massachusetts. …
Read More Massachusetts Attorney General Announces Hospital’s Settlement of Data Breach Allegations Involving Massachusetts Patients

In the case of Starlight Shipping v Allianz Marine ([2014] EWCA Civ 1010), the appellant shipowners appealed a decision granting summary judgment to the Respondent Insurers for damages and declaratory relief.
Read More UK: Court of Appeal upholds summary judgment order awarding damages for breach of settlement agreements

On July 24, 2014, the Massachusetts Appeals Court issued an opinion arising out of a subcontractor’s clear-cutting of environmentally-sensitive property in Western Massachusetts. The decision in Pacific Indemnity Company v. Lampro, et al., 86 Mass. App. Ct. 60 (2014), is notable because the court declared, as a matter of law, that the subcontractor’s erroneous actions were not a fortuitous event for which liability insurance was designed but, rather, a normal, foreseeable, and expected incident of doing business. …
Read More Massachusetts Appeals Court Declares That Failure To Follow Contract Conditions Is Not An “Occurrence” Under Landscaper’s General Liability Insurance Policy

The Connecticut Supreme Court recently held that an insurer has standing to pursue a declaratory judgment action against another insurer of a common insured to determine the existence of a duty to defend and the allocation of defense costs among them. Travelers Cas. & Sur. Co. of America, et al. v. The Netherlands Ins. Co., et al., No. S.C. 19089, — Conn. — (Conn. Aug. 5, 2014). A copy of the decision is available here. …
Read More Connecticut Supreme Court: Insurer Has Standing to Seek Declaratory Judgment Against Fellow Insurer of a Common Insured

The European Commission (the Commission) has invited interested parties to contribute to its consultation on the functioning of the Insurance Block Exemption Regulation (IBER). …
Read More EU: European Commission Announces Review of the Insurance Block Exemption Regulation

In Robin & Barbara Bache and others v Zurich Insurance Plc [2014] EWHC 2430 (TCC), the court was asked to determine a preliminary issue concerning interpretation of a property development policy. The claimants agreed to lease flats yet to be built from a developer, paying a 10% deposit under the agreement. The defendant provided a policy to the developer, for the benefit of the claimants, which stated that “the policy protects you if your developer goes into liquidation…against the loss of contract exchange deposit”.   …
Read More UK: Technology and Construction Court Interprets Policy in Favour of Insured