Topic: Massachusetts Developments

Aggressive New Proposed Regulation for the Security of Personal Information

With potential implications for anyone doing business with a Massachusetts resident, the Massachusetts Office of Consumer Affairs and Business Regulation (“OCABR”) held a public hearing today concerning the proposed regulation 201 Mass. Code Regs. 17.00, the new Standards for the Protection of Personal Information of Residents of the Commonwealth. 

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Breaking News: Massachusetts High Court Affirms Insurance Commissioner’s Property And Casualty Insurance Rate Increase Approval

In an opinion released yesterday, the Massachusetts Supreme Judicial Court affirmed the state insurance commissioner’s approval of proposed increases in property and casualty insurance rates.  Ruling against the state Attorney General, the Court upheld the discretionary power of the Massachusetts Commissioner of Insurance to approve rate increases that exceed statutory maximums based on consideration of predicted hurricane loss effects and the cost of catastrophic risk reinsurance. 

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Massachusetts Insurance Regulations Now Require Written Notice to Third-Party Liability Claimants of Settlement Payments Sent to Claimant’s Counsel

The Massachusetts Commissioner of Insurance Nonnie S. Burnes released a Division of Insurance Bulletin on December 20, 2007, which requires that any licensed insurer must, upon the payment of $5,000 or more in the settlement of a third-party liability claim that is delivered to the claimant’s attorney, provide a concurrent written notice to the claimant. 

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Massachusetts Automobile Insurance Rates Enter a New Age

On October 5, 2007, Nonnie S. Burnes, Commissioner of Insurance for the Massachusetts Division of Insurance, filed Regulation 211 CMR 79 (Private Passenger Motor Vehicle Insurance Rates) with the Attorney General’s Office.  The new regulation is intended to encourage competition and innovation in the automobile insurance market, while maintaining consumer protections. 

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Massachusetts Appeals Court Finds That CGL Policy Does Not Cover Subcontractor’s Defective Work

In Mello Constr. Co. v. Acadia Ins. Co., 874 N.E.2d 1142 (Mass. App. Ct. 2007), an unpublished decision, the court held that the commercial general liability (“CGL”) policy of a general contractor did not cover the defective work of a subcontractor who performed a portion of the work.  In Mello, a subcontractor improperly constructed the concrete slab supporting the elementary school for which the  insured was the general contractor. 

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