The law firms of Edwards Angell Palmer & Dodge LLP and Wildman, Harrold, Allen & Dixon LLP today announced that they will merge on October 1, 2011 (you can read the press release here). The new firm, with 13 offices and 650 lawyers, will be known as Edwards Wildman Palmer LLP.
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Massachusetts Developments
Insurer Falls Short in Bad Faith Summary Judgment Bid Before the Massachusetts Supreme Judicial Court
The Supreme Judicial Court recently rejected a direct summary judgment appeal from AIG Domestic Claims, Inc. (“AIG”) concerning AIG’s handling of a workers’ compensation claim. The plaintiff alleged, inter alia, that AIG acted outside the claims-handling process by improperly pursuing criminal insurance fraud charges against him. …
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Massachusetts Court Rules for Carrier in Property Dispute, Orders Return of Advance
By Troutman Pepper Locke on
The Massachusetts Appeals Court recently concluded that an insured could not claim property insurance benefits following a fire at its restaurant, because the insured had actual knowledge that its fire-suppression system was no longer functional, and because the insured had exclusive control over the system’s maintenance. …
Read More Massachusetts Court Rules for Carrier in Property Dispute, Orders Return of Advance
Massachusetts High Court: Workers’ Comp Bar Does Not Apply to Subcontractor Employee’s Suit Against General Contractor
By Troutman Pepper Locke on
The Massachusetts Supreme Judicial Court has ruled that the state’s workers’ compensation statute does not bar a lawsuit by a subcontractor’s employee against the general contractor, even if the employee previously collected workers’ compensation benefits from the general contractor’s insurer. See Wentworth v. Henry C. Becker Custom Bldg., No. SJC-10806 (May 23, 2011). …
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Client Advisory – Massachusetts Attorney General Breaking New Ground in Data Security Enforcement?
The Massachusetts Attorney General appears to have broken new ground with a recent enforcement action and fine against Briar Group, LLC, a restaurant chain that sustained a security breach exposing credit and debit card data. …
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Relying Upon Testimony of Expert Witnesses, Massachusetts Federal Court Finds That Follow the Fortunes Governs Reinsurance Relationship, Even Where Agreements are Silent
By Troutman Pepper Locke on
Plaintiffs Trenwick America Reinsurance Corporation and Unum Life Insurance Company of America purchased retrocessional coverage from defendant IRC Re Limited. The retrocession agreements did not contain follow the fortunes or follow the settlements clauses, and after a dispute arose under the agreements, the parties litigated (among other things) whether the follow the fortunes or follow the settlements doctrine applied. …
Read More Relying Upon Testimony of Expert Witnesses, Massachusetts Federal Court Finds That Follow the Fortunes Governs Reinsurance Relationship, Even Where Agreements are Silent
Fee Dispute Between Lawyer and Former Firm Not Covered by E&O Policy
A Massachusetts federal judge has found that violations of a fee-sharing agreement between a lawyer and his former firm do not constitute legal services, and therefore do not fall within the scope of coverage afforded by the lawyer’s professional malpractice policy.
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Massachusetts District Court Grants Reinsurer’s Motion to Dismiss for Lack of Personal Jurisdiction
By Troutman Pepper Locke on
Neles-Jamesbury Inc. v. Pohjola Ins. Co. Ltd. involved a breach of contract action between a Massachusetts-based insurer, Neles-Jamesbury, Inc. (“NJI”) and a Finnish reinsurer, Pohjola Ins. Co. Ltd. (“Pohjola”). Pohjola provided worldwide reinsurance coverage for Metso Oy, a Finnish corporation, and its subsidiaries. NJI was acquired by Metso Oy, and Metso Oy requested that Pohjola provide gap coverage for NJI during the acquisition period. …
Read More Massachusetts District Court Grants Reinsurer’s Motion to Dismiss for Lack of Personal Jurisdiction
Massachusetts Insurance Commissioner Provides Insight into the Managed Competition of the Commonwealth’s Automobile Insurance Market
By Troutman Pepper Locke on
Joe Murphy, the Commissioner of Insurance for Massachusetts, was recently interviewed by a local Boston news network affiliate regarding the managed competition for automobile insurance in Massachusetts, which, as discussed in our prior posts here, here and here, was introduced in 2007. According to the Commissioner, Massachusetts policyholders have seen lower rates resulting in nearly half-billion dollars in savings and new discounts such as “accident forgiveness.” …
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Massachusetts Federal Court Finds That Late Notice, Deprivation of the Right to Associate, Precludes Coverage
By Troutman Pepper Locke on
A Massachusetts federal court recently held that a party’s lapse in reporting a multi-million dollar and complex lawsuit deprived an insurer of the right to associate and was prejudicial as a matter of law, precluding coverage. …
Read More Massachusetts Federal Court Finds That Late Notice, Deprivation of the Right to Associate, Precludes Coverage