The Massachusetts Appeals Court recently ruled that an Insured’s willful, unexcused refusal to submit to an examination under oath violated the cooperation clause in its policy resulting in a material breach on the part of the Insured. 
Read More Massachusetts Appeals Court Rules that Insured Cannot Cure Material Breach of Policy Based on its Failure to Cooperate

On Thursday, August 28, Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department will host a webinar entitled “Insurance Implications of Climate Change”. This 60 minute webinar will comprise a discussion of the global legal framework which recognizes the reality of climate change. 
Read More August 28 EAPD Webinar: Insurance Implications of Climate Change

According to a recent report in the Boston Globe, an affiliate of the New England Patriots has filed suit against its bond insurer, AMBAC, in an attempt to avoid $2.8 million in accelerated premium payments linked to the troubled auction rate securities (“ARS”) market. 


Read More New England Patriots Face Auction Rate Securities Crunch

In the wake of a lawsuit by the Massachusetts Securities Division alleging fraudulent sales of auction rate securities (“ARS”), UBS AG reportedly plans to buy back as much as $3.5 billion in ARS-impacted preferred shares issued by tax-exempt closed-end funds. 


Read More UBS Agrees To Buy Back Up To $3.5 Billion Of Auction Rate Preferred Shares

The Enforcement Section of the Massachusetts Securities Division recently filed an administrative complaint against UBS Securities, LLC and UBS Financial Services, Inc. alleging conflicts of interest and use of misleading sales practices in the marketing of auction rate securities (“ARS”). 


Read More Massachusetts Files Securities Fraud Suit Against UBS Regarding Auction Rate Securities

The United States District Court for the District of Massachusetts recently granted a motion to dismiss a “demand excused” shareholder derivative suit on the basis that the suit was mooted by the plaintiffs’ subsequent demand letter. 
Read More Massachusetts Federal Court: Subsequent Demand Moots Demand-Excused Derivative Suit

The U.S. First Circuit Court of Appeals recently certified to the Massachusetts Supreme Judicial Court critical questions regarding allocation of loss to multiple insurers for long-term environmental contamination. 
Read More First Circuit Federal Appeals Court Certifies Important Allocation Questions to Massachusetts Supreme Judicial Court

UBS Financial Services, Inc. and UBS Securities LLC entered into an agreement Wednesday with the Massachusetts Attorney General to return over $35 million to Massachusetts towns, cities and government entitities that UBS had invested in auction rate securities.  The settlement resolves an investigation initiated in February 2008 into allegations that UBS had misrepresented to state entities that auction rate securities were “a permissible investment for the municipalities under Massachusetts law.” 
Read More Auction Rate Securities: UBS Settles Massachusetts Attorney General Probe for Over $35 Million