On January 10, 2019, Massachusetts Governor Charlie Baker signed House Bill No. 4806 into law. The bill amends certain provisions of the state data breach notification law, increasing reporting requirements on a person or agency collecting personal information of Massachusetts residents.
Read MoreOn January 10, 2019, Massachusetts Governor Baker signed “An Act relative to consumer protection from security breaches” (House Bill No. 4806), which added new requirements and obligations for companies that experience a data breach.
Read MoreAll eyes have been focused on the federal mid-term elections and the impact on the U.S. House and Senate. Post-mortems by the pundits have begun. See Locke Lord’s take on the mid-terms. The divided government in Washington, D.C. may well stymie efforts to regulate the insurance industry at the federal level, except in very limited circumstances where bi-partisan accord can be achieved.
Read MoreThe Massachusetts Joint Committee on Financial Services recently held a hearing on legislation that would require motor vehicle insurers to check an applicant’s driving history before providing a premium quote. House Bill 3682,...
Read MoreThree bills have recently been filed in the Massachusetts legislature that would require motor vehicle insurers to pay a minimum hourly labor rate when reimbursing repair shops in the State.
Read MoreA Massachusetts federal court recently denied a pre-award petition to remove a party-appointed arbitrator finding that the Federal Arbitration Act (FAA) did not authorize the court to order arbitrator removal before a final arbitration award has been issued.
Read MoreThe Massachusetts Supreme Judicial Court recently rejected the application of the “Selective Tender Rule” as against Massachusetts law and public policy.
Read MoreIn Boyle v. Zurich American Insurance Company, 472 Mass. 649 (2015), decided on September 14, 2015, the Massachusetts Supreme Judicial Court (the “SJC”) indicated, to the dismay of the insurance defense bar, that the right to a defense under a liability insurance policy is not merely contractual, but rather tantamount to constitutional, rendering that right virtually impossible to waive.
Read MoreIn Preferred Mutual Insurance Company v. Vermont Mutual Insurance Company, 87 Mass App Ct. 510 (June 17, 2015), the Massachusetts Appeals Court discussed several interesting insurance coverage issues when it addressed a dispute between a homeowner’s insurer and a CGL insurer. The facts of the case were as follows.
Read MoreIn a recent decision, a Massachusetts trial court addressed whether an insurer could recoup previously-paid indemnity and defense costs from its insured. Finding that the insured had not obtained the payments as a result of fraud or bad faith, and that the insurer had failed to cite policy language permitting reimbursement or show that the insured had entered into an express agreement regarding the insurer’s right to seek reimbursement, the court rejected the insurer’s request for reimbursement.
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