Massachusetts Developments

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Earlier this month, the Massachusetts Division of Insurance (the “Division”) struck a deal with Health New England to settle a dispute over rate increases.  In the winter of 2009, Health New England, a Springfield, Massachusetts health insurer, attempted to increase its health insurance premiums by a range of 11.5% to 21.3% for about 21,000 customers.  The Division denied this increase on April 1, 2010, along with other insurers who sought double-digit increases. …
Read More Massachusetts Health Insurer Settles With Division of Insurance On Rate Increases

As mentioned in our prior post, New York Attorney General Andrew Cuomo has begun an investigation into the alleged misuse of retained asset accounts by life insurance companies.  This probe started with two of the largest life insurers and has now been widened to include six more.  The latest subpoenas were sent on Friday, July 30th. …
Read More New York Attorney General Office Broadens its Probe into the Life Insurance Industry’s Use of Retained Asset Accounts; Class Action Lawsuit Against Life Insurer Filed

Last week, the Massachusetts legislature passed House Bill No. 4935, An Act relative to insurance coverage for autism (“H. 4935”), which requires that benefits be provided on a nondiscriminatory basis for the diagnosis and treatment of Autism Spectrum Disorders.  H. 4935 prohibits dollar or unit of service limitations on coverage for the diagnosis and treatment of autism that are lower than dollar or unit of service limitations applicable to the diagnosis and treatment of physical conditions. …
Read More Massachusetts Passes Autism Coverage Legislation

The U.S. District Court for the District of Minnesota recently dismissed a directors and officers liability coverage suit, rejecting plaintiffs’ argument that an underlying suit had to be brought by the insured in his capacity as an insured in order to implicate the policy’s insured vs. insured exclusion. …
Read More Minnesota Federal Court Rejects “Capacity” Limitation As To Insured Vs. Insured Exclusion

The Massachusetts Appeals Court recently reaffirmed that jurisdiction’s broad understanding of a general liability carrier’s duty to defend, holding that an insurer had a duty to defend against a claim of trespass first asserted after the expiration of its policy period. …
Read More Massachusetts Court Reaffirms General Liability Insurers’ Broad Duty to Defend

According to an estimate provided by Lloyd’s of London, over £6.2 billion worth of insurance coverage has been purchased by individuals and entities in connection with the 2010 FIFA World Cup, which begins today.  Over half of that amount is for coverage for stadiums and training facilities, which reflects the vast amount of money that has been spent constructing and upgrading stadiums ($5.5 billion, according to the New York Times). …
Read More World Cup Insurance Estimated at Over 6 Billion Pounds

The Massachusetts Supreme Judicial Court recently held that G.L. c. 186 §15, which makes void any indemnification agreement or provision whereby a tenant is obligated to indemnify a landlord, in whole or in part, for the landlord’s own negligence, does not apply to insurance provisions in the lease agreement. …
Read More Massachusetts Supreme Judicial Court Defines Contours of Statute Regulating Indemnification (But Not Insurance Provisions) in Lease Agreements

Blue Cross Blue Shield of Massachusetts and the Massachusetts Association of Health Plans have sued the Massachusetts Division of Insurance (DOI) after the DOI’s decision last week to reject most proposed rate increases for small businesses for the current calendar quarter. 

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Read More Massachusetts Health Insurers Sue Over Rejected Rate Increases

Recently, the Supreme Judicial Court of Massachusetts upheld two lower court decisions dismissing, on separate motions to dismiss and for summary judgment, a number of claims brought by credit unions against a retailer in connection with a breach of debit and credit card data. 

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Read More Massachusetts Supreme Court Affirms Dismissal of Data Breach Claims Brought Against Retailer by Financial Institutions