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 MoreEffective 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 MoreOn 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 MoreThe 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 MoreMassachusetts Data Protection Law: Third-party Provision Effective March 1
Thursday, February 16, 1 – 2:30 p.m. EST
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 MoreMassachusetts 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 MoreMassachusetts 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 MoreWhile making an arrested of the insured, a Marlborough police officer broke his ankle and was otherwise injured.
Read MoreThe 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.
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