Topic: Massachusetts Developments

Edwards Angell Palmer & Dodge and Wildman, Harrold, Allen & Dixon LLP Announce Merger

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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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 High Court: Workers’ Comp Bar Does Not Apply to Subcontractor Employee’s Suit Against General Contractor

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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Relying Upon Testimony of Expert Witnesses, Massachusetts Federal Court Finds That Follow the Fortunes Governs Reinsurance Relationship, Even Where Agreements are Silent

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. 

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Massachusetts District Court Grants Reinsurer’s Motion to Dismiss for Lack of Personal Jurisdiction

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. 

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Massachusetts Insurance Commissioner Provides Insight into the Managed Competition of the Commonwealth’s Automobile Insurance Market

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 herehere 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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