Topics

Subscribe to Topics via RSS

California law presently provides for a limited exemption from discovery for a request for a document filed pursuant to the California Holding Company Act. This exemption applies to documents and information reported to the Insurance Commissioner in registration statements or obtained by or disclosed to the Insurance Commissioner in the course of an examination or investigation.
Read More California Broadens the Exemption to the Confidentiality of Statements Filed Pursuant to the California Holding Company Act

Edwards Wildman’s latest healthcare advisory “Senate Passes Post-Acute Care Reform Bill; OIG Issues Special Advisory Bulletin on Drug Copayment Coupons” discusses legislation passed that was intended to strengthen and improve the Medicare post-acute care system.
Read More Healthcare Update: Senate Passes Post-Acute Care Reform Bill; OIG Issues Special Advisory Bulletin on Drug Copayment Coupons

The federal district court in Massachusetts recently declared that a general liability policyholder’s construction of a policy exclusion was irrational, with the result that the carrier owed no coverage for an underlying personal injury suit. In the course of its discussion, the court also highlighted First Circuit precedent for the proposition that the construction of an insurance policy should comport with “common sense.”…
Read More Massachusetts Federal Court Declares Insured’s Construction Of General Liability Policy “Irrational”

On September 24 2014, The Competition and Markets Authority (CMA) published the final report in its investigation into the private motor insurance market. The report covers the measures the CMA anticipates taking to increase competition in the car insurance market and reduce the cost of premiums.   …
Read More UK: CMA publishes final report in car insurance market investigation

A spokesperson for the U.S. Treasury Department recently reaffirmed that the “[t]he Secretary has not determined that there has been an ‘act of terrorism’ under the Terrorism Risk Insurance Act” with respect to the April 15, 2013, Boston Marathon bombings.
Read More U.S. Treasury Department Maintains Stance on Boston Marathon Bombings With Respect to Certification Under TRIA

Recently, a Massachusetts federal court issued an opinion limiting the ability of one insurer to seek reimbursement from another insurer under the doctrine of equitable contribution. In the insurance context, equitable contribution allows an insurer to seek contribution from a co-insurer after the insurer pays more than its proportionate share of a loss on a claim that both insurers are obligated to indemnify or defend. …
Read More Massachusetts Federal Court Rules Limits Equitable Contribution Between Insurers

Edwards Wildman’s David Szabo, partner, in the Healthcare Practice Group discusses “Reminder: Update Your “Grandfathered” Business Associate Agreements By September 23, 2014” and “Final Meaningful Use Regulations Published” …
Read More Healthcare Update: Reminder: Update Your “Grandfathered” Business Associate Agreements By September 23, 2014; Final Meaningful Use Regulations Published

On Tuesday, September 16, 2014, the U.S. House of Representatives passed H.R. 5461 by a vote of 327-97 (the “Bill”). Most significant to the insurance industry is Title I of the Bill, which clarifies the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). …
Read More U.S. House Approves Amendments to Dodd-Frank Capital Requirements

On July 24, 2014, the Massachusetts Appeals Court issued an opinion arising out of a subcontractor’s clear-cutting of environmentally-sensitive property in Western Massachusetts. The decision in Pacific Indemnity Company v. Lampro, et al., 86 Mass. App. Ct. 60 (2014), is notable because the court declared, as a matter of law, that the subcontractor’s erroneous actions were not a fortuitous event for which liability insurance was designed but, rather, a normal, foreseeable, and expected incident of doing business. …
Read More Massachusetts Appeals Court Declares That Failure To Follow Contract Conditions Is Not An “Occurrence” Under Landscaper’s General Liability Insurance Policy