Topic: Massachusetts Developments

Massachusetts Attorney General Announces Hospital’s Settlement of Data Breach Allegations Involving Massachusetts Patients

Recently, the Massachusetts Attorney General announced that Women & Infants Hospital of Rhode Island (the “Hospital”) agreed to pay $150,000 to settle data breach allegations. In April 2012, the Hospital discovered that it was missing 19 unencrypted back-up tapes from its locations in Providence, Rhode Island and New Bedford, Massachusetts. 

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Massachusetts Appeals Court Declares That Failure To Follow Contract Conditions Is Not An “Occurrence” Under Landscaper’s General Liability Insurance Policy

On July 24, 2014, the Massachusetts Appeals Court issued an opinion arising out of a subcontractor’s clear-cutting of environmentally-sensitive property in Western Massachusetts. The decision in Pacific Indemnity Company v. Lampro, et al., 86 Mass. App. Ct. 60 (2014), is notable because the court declared, as a matter of law, that the subcontractor’s erroneous actions were not a fortuitous event for which liability insurance was designed but, rather, a normal, foreseeable, and expected incident of doing business. 

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Massachusetts Appeals Court Holds Upholds Summary Judgment on Behalf of Insurer Based on a Prior Acts Exclusion and Inaccurate Statements in the Policy Application

The Appeals Court of Massachusetts recently issued a coverage decision captioned Hurley v. Comproni, et al., 85 Mass. App. Ct. 1101, 3 N.E.3d 615 (Mass. App. Ct. 2014) (unpublished) (available here). The decision stemmed from an insured lawyer’s repeated failure to complete service in an underlying personal injury action, resulting in that action being time-barred. 

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Massachusetts Appeals Court Finds That Policyholder’s Misrepresentations Limit Coverage

The Massachusetts Appeals Court has upheld a lower-court judgment severely limiting the amount of coverage available to a motor vehicle policyholder, writing that the policyholder’s failure to control who operated the car constituted a misrepresentation that invalidated coverage even in the absence of an intent to deceive. 

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Massachusetts Legislative Committee Considers Reinsurance Credit Requirements

The Massachusetts Legislature’s Joint Committee on Financial Services is due to report next week on HB 881, An Act Relative to Reinsurance Requirements. Sponsored by Representative Michael Costello of Newburyport, the bill closely tracks the NAIC’s Revised Credit for Reinsurance Model Law, which has already been adopted in eighteen states, including New York, Connecticut, Rhode Island, and New Hampshire. 

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