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NYS Insurance Regulators to Health Insurers: Ensure Your Networks Are Adequate

On February 21, Superintendent Adrienne A. Harris of the New York State Department of Financial Services (DFS) unveiled a proposed regulation, 11 NYCRR 38. If adopted, this regulation, would establish network adequacy...more

Second Circuit Rules That the Filed-Rate Doctrine Bars the Recalculation of Approved Auto Insurance Rates

On May 25, 2022, in Grossman v. GEICO Cas. Co. (No. 21-278), the Second Circuit Court of Appeals affirmed the District Court’s dismissal of an attempted class action by two automobile policyholders alleging that GEICO...more

Massachusetts Limits State Wage Awards Citing FLSA Preemption

On April 14, 2022, in Devaney v. Zucchini Gold, LLC, the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that the federal Fair Labor Standards Act (FLSA) preempts state remedies...more

Massachusetts High Court Finds COVID-19 Income Loss Excluded From “All-Risk” Business Insurance Policies

On April 21, 2022, in the case of Verveine Corp. v. Strathmore Insurance Company (No. SJC-13172), the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, determined that various losses...more

Ban on Mandatory Arbitration of Sexual Harassment Claims Enacted 

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act voids pre-dispute arbitration agreements that require a party to...more

California Court Rules Employer Must Face Lawsuit Over COVID Death of Employee's Spouse

A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee's spouse from COVID-19 after she allegedly contracted the virus at work and...more

Massachusetts Supreme Judicial Court Rules Termination of Employee for Filing a Personnel File Rebuttal May Support a Claim for...

The Massachusetts Supreme Judicial Court has issued a unanimous opinion in Meehan v. Medical Information Technology, Inc., holding that the termination of an at-will employee for exercising the statutory right of rebuttal to...more

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