Massachusetts Developments

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In a recent decision, the U.S. Court of Appeals for the First Circuit held that the doctrine of issue preclusion barred an insured from litigating the applicability of an insurance policy exclusion where an arbitration panel had previously addressed a related, but not identical, question of law. The case is Manganella v. Evanston Insurance Company, No. 12-1137. A copy of the decision is available here. …
Read More First Circuit: Arbitration Decision Bars Insured From Litigating Coverage Issues

Effective January 1, 2013, Massachusetts long-term care insurance (“LTCi”) policies must comply with Senate Bill 2359, legislation that establishes a new chapter 176S in the General Laws that sets forth statutory standards specifically for LTCi.  Previously, LTCi statutory standards were set by reference to the accident and health provisions of Chapter 175 of the General Laws of the Commonwealth. …
Read More Long-term Care Insurance Act Passed in Massachusetts

On October 24, 2012, the Appeals Court of Massachusetts affirmed that an excess insurer’s liability extends only to the amount of loss that exceeds the amount of coverage available from underlying insurance, and not, under usual circumstances, to the total amount of loss. …
Read More Massachusetts Appeals Court Rejects Insured’s Bid For Recovery of Hurricane Katrina Losses Exceeding Stated Property Value Under Excess Policy

The Massachusetts Division of Insurance has scheduled a hearing to discuss the rate filing made by the Workers’ Compensation Rating and Inspection Bureau of Massachusetts (“WCRIBMA”) requesting that its members’ average rates for industrial classes be increased by 19.3% and its average rates for F-Classes be increased by 20.0%. …
Read More Massachusetts Division of Insurance Schedules March 30th Hearing to discuss Workers’ Compensation Rate Increase Requests

By March 1, 2012, companies with personal information of Massachusetts residents must amend their existing contracts with vendors that handle such information to require the vendors’ compliance with the Massachusetts data security regulations. …
Read More Client Advisory – March 1 Deadline for Companies and Vendors with Massachusetts Personal Information

Massachusetts Governor Duval Patrick signed H. 3795, which bans the use of credit-based insurance scores in the underwriting and rating of private passenger automobile insurance, into law on November 22, 2011 as Chapter 195 of the Acts of 2011.  H. 3795 amends the Massachusetts General Laws and codifies a similar credit score prohibition in current Division of Insurance Regulations. …
Read More Massachusetts Passes Statutory Ban on the Use of Credit-Based Insurance Scores for Private Passenger Automobile Insurance

Massachusetts Attorney General Martha Coakley has sent a letter to the Massachusetts State Rating Board requesting that a hearing be held to review the hurricane models used by insurers to set rates for homeowners’ insurance.  The Attorney General claims that some insurers are using models that are untested or discredited, which do not produce accurate estimates that are appropriate for Massachusetts and is resulting in possible overcharges. …
Read More Massachusetts Attorney General Calls For Hearing On Hurricane Models

While making an arrested of the insured, a Marlborough police officer broke his ankle and was otherwise injured. …
Read More Massachusetts SJC Holds Homeowners Liability Insurer Can’t Use Guilty Plea in Related Criminal Action to Deny Coverage Under Intentional and Criminal Acts Exclusion

The Massachusetts Court of Appeals recently issued a decision on the parameters of additional insured coverage called Suffolk Construction Corp. v. Illinois Union Insurance Company, No. 10-P-1336 (Mass. App. Ct. Aug. 15, 2011).  A copy of the decision can be found here by searching for “Appeals Court” and writing “08/15/2011” in the date field. …
Read More Massachusetts Appeals Court Denies “Additional Insured” Status in Construction Injury Case