Massachusetts Developments

Subscribe to Massachusetts Developments via RSS

The Massachusetts Supreme Judicial Court recently held that where an insured “incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred,” the loss should be pro rated among all the insurers on the risk during the relevant period. …
Read More Massachusetts Highest State Court: Pro-Rata “Time-On-The-Risk” Allocation Method Applies to Ongoing Environmental Pollution Occurring Over Multiple Policy Periods

Late last month, the New Jersey legislature passed A2238/S1651 (the “NJ Act”), which requires group health insurers to provide coverage for the diagnosis and treatment of autism spectrum disorders.  Specifically, policies must provide coverage for treatments that are deemed medically necessary by the autistic person’s physician including behavioral therapy, physical therapy, speech therapy, and occupational therapy. 

…
Read More New Jersey Passes Autism Coverage Legislation; Massachusetts Considering Same

In a recent decision, the Supreme Judicial Court of Massachusetts ruled that an insurer, in contrast to an insured, cannot obtain attorney’s fees incurred in successfully establishing another insurer’s duty to defend.  John T. Callahan & Sons, Inc. v. Worcester Ins. Co., SJC-10180 (March 19, 2009). 

…
Read More Supreme Judicial Court Refuses to Extend Gamache Fee-Shifting Rule to Insurer Plaintiffs

As we previously reported here, former Massachusetts Governor Mitt Romney signed a health care bill, known as “An Act Providing Access to Affordable, Quality, Accountable Health Care” (the “Act”), into law on April 12, 2006.  The Act became effective on July 1, 2007 and requires that all Massachusetts residents carry health insurance, unless they have a waiver for religious reasons or have a waiver from the Commonwealth Health Insurance Connector Authority (the “Connector”).  Individuals that do not have a waiver and do not have health care insurance face fines of more than $1,000 per individual for the 2009 tax year. …
Read More Recession Will Test Massachusetts’ Mandatory Health Insurance Program

The Privacy Group at Edwards Angell Palmer & Dodge LLP invites you to a complimentary webinar on the new security and privacy requirements and federal Red Flag duties which are both effective May 1, 2009. 

…
Read More FREE WEBINAR TODAY on New Federal Red Flag, Massachusetts and Other State Data Security Rules

On February 11, 2009, the Massachusetts Office of Consumer Affairs and Business Regulation (“OCABR”) announced that the effective compliance date of the security regulation, 201 CMR 17.00 (the “Regulation”), has been extended a second time from May 1, 2009 to January 1, 2010. …
Read More Client Advisory – Second Extension of Robust New Extraterritorial Massachusetts Security Rules

According to a recent report in USA Today (available here), criminal attempts to use the internet to steal personal data – including credit card numbers, account user names, passwords, and Social Security numbers – have increased since the financial crisis began last fall, and could continue to accelerate if laid-off IT personnel turn to cybercrime to replace lost income. …
Read More Recent Boom in Cybercrime “Could Accelerate” Say Data Security Experts

The Privacy Group at Edwards Angell Palmer & Dodge LLP invites you to a complimentary webinar on the new security and privacy requirements and federal Red Flag duties which are both effective May 1, 2009. …
Read More Free Webinar on New Federal Red Flag, Massachusetts and Other State Data Security Rules