The Boston Globe has reported that the Attorney General for the Commonwealth of Massachusetts, Martha Coakley, has launched an investigation into Blue Cross Blue Shield of Massachusetts and Partners HealthCare. Partners HealthCare owns several Massachusetts hospitals, including Massachusetts General Hospital and Brigham and Women’s Hospital.
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Massachusetts Developments
Delivery of a Policy is not a Prerequisite to the Enforcement of its Terms; Insurer Can Deny Coverage Based on “Claims Made and Reported” Prerequisites Without First Investigating the Claim
The United States District Court for the District of Massachusetts recently held that delivery of a policy is not a prerequisite to the enforcement of its terms unless a policy so explicitly states. The court also held that an insurer can deny coverage for the failure to satisfy “claims made and reported” policy prerequisites without first investigating the claim.
Massachusetts High Court Rules That Exclusion With “Arising Out Of” Language Extends To Conduct By Third Parties
By Troutman Pepper Locke on
The Massachusetts Supreme Judicial Court recently held that an intellectual property exclusion barring coverage for claims “arising out of” the misappropriation of trade secrets extended to the misappropriation of trade secrets by a third party.
Supreme Judicial Court Holds That Claims Against Limo Service for Allowing Drunken Passenger to Drive Home “Arose Out of” Use of Automobile under Auto Policy
By Troutman Pepper Locke on
The Supreme Judicial Court of Massachusetts recently held that claims against a livery service for negligently dropping off a drunken passenger in a location where he was likely to drive home “arose out of” the use of the livery service’s van, as the term “arise out of” is broadly interpreted in construing the scope of coverage under auto policies. …
Read More Supreme Judicial Court Holds That Claims Against Limo Service for Allowing Drunken Passenger to Drive Home “Arose Out of” Use of Automobile under Auto Policy
Massachusetts Federal Court Finds Retroactive Date Bars Coverage Despite Plaintiff’s “Continuing Scheme” Theory
The United States District Court for the District of Massachusetts recently held that an insurer had no duty to defend or indemnify its insureds where the insureds’ claims “arose out of” acts that occurred prior to the policy’s retroactive date.
Massachusetts Law Aims to Protect Military Members from Predatory Insurance Practices
By Troutman Pepper Locke on
On December 17, 2008, Massachusetts Governor Deval Patrick signed House Bill No. 4508, An Act Protecting Military Services Members (the “Act), into law. The purpose of the Act is to protect members of the armed forces from dishonest and predatory insurance practices by declaring certain acts or practices to be false, misleading, deceptive or unfair. …
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Upcoming Seminar on New Massachusetts Security Rules & What You Need to Do to Comply by May 1
On January 21, 2009, Edwards Angell Palmer & Dodge’s Privacy Group will host a complimentary breakfast seminar (in the firm’s Boston office) on the new security and privacy requirements in Massachusetts.
Extension of Robust New Massachusetts Security Rules – What is Needed Now to Comply by May 1
As reported in a previous post, the new Massachusetts security regulations affect almost every employer in the Commonwealth and many other companies with other relationships with Massachusetts residents. They will require significant security and other policy changes, including encryption of laptops and wireless communications containing personal information.
New Massachusetts Guidelines for Mandatory Computer Security Policies
Massachusetts already has one of the most aggressive data security regulations in the country, and robust new guidelines were just issued to implement this regulation, effective January 1, 2009.
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Report: Massachusetts Jury Awards $13.5 Million for Wrongful Death Allegedly Arising from Experimental Cancer Treatment
By Troutman Pepper Locke on
On November 5, 2008, a jury in the Suffolk County Superior Court in Massachusetts reportedly awarded a $9.4 million verdict to the family of a woman who had received experimental cancer treatment at the Dana-Farber Cancer Institute. After interest, the award to the family of the decedent reportedly totaled approximately $13.5 million. …
Read More Report: Massachusetts Jury Awards $13.5 Million for Wrongful Death Allegedly Arising from Experimental Cancer Treatment