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Texas Injury Law Blog

Covers the rights of individuals injured in accidents. Published by the Fears Nachawati Law Firm.

http://www.txinjuryblog.com/

Jun 17
Partner Majed Nachawati Nominated to Public Justice Foundation

Partner Majed Nachawati Nominated to Public Justice Foundation

Fears | Nachawati Law Firm is proud to announce that on June 14, 2013, partner Majed Nachawati was unanimously nominated to a three-year term on the Board of Directors of the Public Justice Foundation. As America’s public interest law…
Jun 13
Whistleblower Claims Manufacturer of Actos Downplayed Bladder Cancer Risk

Whistleblower Claims Manufacturer of Actos Downplayed Bladder Cancer Risk

Dr. Helen Ge, a medical doctor and former safety consultant for Takeda Pharmaceutical Company, recently blew the lid on the company after they failed to properly disclose evidence that linked use of Actos to an increased risk of bladder…
Jun 11
Texas Sawmill Cited by OSHA for Violations After Death of A Worker

Texas Sawmill Cited by OSHA for Violations After Death of A Worker

In December 2012, a worker at Nix Forest Industries Inc. in Timpson, Texas was killed after he was struck by a broken band saw blade. This sparked an investigation by the U.S. Department of Labor’s Occupational Safety and Health…

Rank this Week: 111

Life, Health and Disability…

Life, Health and Disability Insurance Law Blog

Covers ERISA and non-ERISA issues on disability, life and health insurance law. By Barger & Wolen.

http://www.lifehealthdisabilityinsurancelaw.com/

Jun 17
Recent decision limits the protections from liability for ERISA pension plan fiduciarie

Recent decision limits the protections from liability for ERISA pension plan fiduciarie

James Hazlehurst wrote an article published in The Daily Journal on June 12, 2013, that discussed the Ninth Circuit Court of Appeals ruling in Harris v. Amgen that limited the protections from liability for ERISA pension plan fiduciaries…
Jun 12
SCOTUS Rules: Right or wrong, arbitrator's interpretation stand

SCOTUS Rules: Right or wrong, arbitrator's interpretation stand

The United States Supreme Court in Oxford Health Plans LLC v. Sutter held that an arbitration agreement in a fee-for-services contract between physicians and a health insurance company required arbitration of a class dispute arising under the…
Jun 7
The Ninth Circuit Revisits - and Limits - the "Presumption of Prudence" For ERISA Fiduciarie

The Ninth Circuit Revisits - and Limits - the "Presumption of Prudence" For ERISA Fiduciarie

Earlier this week, the Ninth Circuit Court of Appeals ruled in Harris v. Amgen that an ERISA pension plan fiduciary is not protected from liability under the “presumption of prudence” for company stock investments where the plan…

Rank this Week: 558

Boston ERISA & Insurance…

Boston ERISA & Insurance Litigation Blog

Covers ERISA, insurance coverage, and insurance bad faith. By Stephen Rosenberg.

http://www.bostonerisalaw.com/

Jun 17
Why the Complexity of Plan Valuation Argues Against Turning Appraisers into Fiduciaries by Regulatory Pronouncement

Why the Complexity of Plan Valuation Argues Against Turning Appraisers into Fiduciaries by Regulatory Pronouncement

I have written before, both in short form on this blog and long form for the Journal of Pension Benefits, on my view that it is not necessary to alter the regulatory definition of fiduciary to transform appraisers into fiduciaries.…
Jun 13
A Very Good Read: PLI's ERISA Benefits Litigation Answer Book 2013

A Very Good Read: PLI's ERISA Benefits Litigation Answer Book 2013

I can still remember the first hearing I argued at, close to twenty five years ago, in Massachusetts Superior Court, in the very quaint (realtor speak for old, but still) courthouse in Dedham – I can still see the dusty parking lot out…
May 29
The Scope of Equitable Relief Under ERISA: Blue Cross & Blue Shield of Rhode Island v. Korsen

The Scope of Equitable Relief Under ERISA: Blue Cross & Blue Shield of Rhode Island v. Korsen

The equitable remedies prong of ERISA was, for many years, a place where theoretically good claims went to die: courts were wary of providing expansive recovery under it, and thus a plaintiff who could not fit a claim within the confines of…

Rank this Week: 812

InsureBlog

Covers insurance news.

http://insureblog.blogspot.com/

Jun 17
Exposing Your Private Part

Exposing Your Private Part

The federal government under Obamacare will be exposing your private parts. Most of the consumer protection that was put in place under the Clinton administration now goes away under Obama. A new rule issued late Friday requires…
Jun 16
Aetna to exit California's individual insurance market

Aetna to exit California's individual insurance market

Both the Wall Street Journal and Reuters reported Friday that Aetna will exit the California individual-insurance market at the end of 2013. According to Aetna, this decision "will affect only 49,000 of its 1.5 million policyholders in the…
Jun 15
Preview the Georgia Insurance Exchange

Preview the Georgia Insurance Exchange

To study the likely costs of plans on the Georgia insurance exchange, the AJC selected one proposed plan from the gold, silver and bronze tiers offered by Blue Cross and Blue Shield of Georgia. (Seven companies applied to sell insurance on…

Rank this Week: 60

Insurance Dispute Lawyer Blog

Covers insurance dispuates and hurrican insurance claims. By Berniard Law Firm, L.L.C.

http://www.insurancedisputelawyerblog.com/

Jun 17
"Other Insurance" Provisions and the Delays Associated with Conflicting Policie

"Other Insurance" Provisions and the Delays Associated with Conflicting Policie

In a recent case, a federal appeals court ruled on a longshoreman's right to recover for injuries sustained when a pile-driving hammer unexpectedly released from a crane and fell on him. His employer had leased the crane from another company…
Jun 12
Injuries Realized After Settlement Fail to Receive Compensation

Injuries Realized After Settlement Fail to Receive Compensation

Settlement agreements are compromises between two people or companies that face a lawsuit. Their purpose is to avoid the high costs and extensive time involved in taking a case to trial. These settlements, however, include terms that require…
Jun 7
Certification and Settlement in Katrina/Rita Class Action Claim

Certification and Settlement in Katrina/Rita Class Action Claim

The settlement in Orrill v. Louisiana Citizens Fair Plan demonstrates some of the hurdles faced by class action litigants and the benefits of having experienced class counsel. In that case, Katrina and Rita victims sought statutory penalties…

Rank this Week: 1770

Property Insurance Coverage Law…

Property Insurance Coverage Law Blog

Covers property insurance coverage matters. By Merlin Law Group.

http://www.propertyinsurancecoveragelaw.com/

Jun 17
Certain Coverage Disputes Under New York Law May Not Prevent An Appraisal Demand

Certain Coverage Disputes Under New York Law May Not Prevent An Appraisal Demand

Under New York law, certain coverage disputes may not prevent appraisal. You may have heard the general rule that issues involving coverage disputes under an insurance policy are purely legal issues that should not be determined by an…
Jun 16
What Makes New Jersey Beach-Front Homes So Valuable?

What Makes New Jersey Beach-Front Homes So Valuable?

Beach-front homes in New Jersey generally cost over $1,000,000. What makes these properties so valuable? Is it simply the proximity to the beach or the views that come with that proximity? Most argue it’s both. What about homes that are…
Jun 15
Carolina Coverage - Producing records Can Mean Physical Delivery

Carolina Coverage - Producing records Can Mean Physical Delivery

Last week, my post, Carolina Coverage - Are All These Documents Really Necessary, highlighted the Chavis case, in which the North Carolina Supreme Court ruled the Plaintiffs were justified as a matter of law in refusing to sign an overly…

Rank this Week: 986

CyberInquirer

Covers developments in cyber law and insurance. By Richard J. Bortnick and Pamela D. Pengelley of Cozen O'Connor.

http://cyberinquirer.com

Jun 16
Protecting Our Children from Internet Predators, Marketers and Information Aggregators: The Need for Aggressive Government Intervention

Protecting Our Children from Internet Predators, Marketers and Information Aggregators: The Need for Aggressive Government Intervention

As everyone knows, the Internet has dramatically altered (read: simplified) the way we communicate, do business and satisfy our intellectual and social curiosities. Indeed, Internet-based sales topped the trillion dollar mark for the first…
Jun 13
Canadians More Exposed Than One Would Think

Canadians More Exposed Than One Would Think

Okay. Let’s start with the obvious. No, this has nothing to do with Canadian citizens and immigrants behaving badly, although that may be a topic for a future post. What we’re talking about is the prevalence of cyber-related…
Jun 3
The Insurance Industry: In Regulators’ Sight

The Insurance Industry: In Regulators’ Sight

If you’re an insurance company, it may be time to open your cyber-related checkbooks if you haven’t done so already. New York Governor Andrew Cuomo’s Department of Financial Services (“NYSDF”) soon may be…

Rank this Week: 733

California Insurance Lawyer Blog

Covers various ERISA, disability, health, and life insurance issues. By California insurance attorneys, Kantor & Kantor.

http://www.californiainsurancelawyerblog.com/

Jun 16
The Pitfalls of Handling Your Own ERISA Appeal

The Pitfalls of Handling Your Own ERISA Appeal

The Kantor & Kantor website contains useful information to guide an insured if he or she elects to handle their own ERISA appeal. In some circumstances, this may be appropriate. However, we frequently see problems created by insureds…
Jun 7
The Impact of Sleep Disturbances on Rheumatoid Arthritis Pain

The Impact of Sleep Disturbances on Rheumatoid Arthritis Pain

New research by Cathrine Austad, MD (Department of Rheumatology Diakonhjemmet Hospital, Oslo, Norway) calls attention the impact of sleep disturbances on pain and functional status in rheumatoid arthritis (RA) patients. This new research,…
Jun 6
Cigna CIted and Fined for Improperly Handling Long Term Disability Claim

Cigna CIted and Fined for Improperly Handling Long Term Disability Claim

After extensive examination, Cigna (aka LINA) faces major consequences for improper denials of long term disability claims. In a settlement with five state insurance regulators (California, Connecticut, Maine, Massachusetts, and…

Rank this Week: 376

Dallas Fort Worth Insurance Lawyer…

Dallas Fort Worth Insurance Lawyer Blog

Covers life insurance, disability insurance, and claims denial. By Mark S. Humphreys, P.C.

http://www.dallasfortworthinsurancelawyerblog.com/

Jun 16
Federal Court - Trying To Stay Out

Federal Court - Trying To Stay Out

Dallas insurance lawyers would want to be aware of this recent case out of the United States Southern District Court, McAllen Division. The style is Samuel Gacia, et al, v. Geovera Specialty Insurance Company. Insurance companies prefer to…
Jun 15
What Happens When The Insured Does Not Submit To An Examination Under Oath?

What Happens When The Insured Does Not Submit To An Examination Under Oath?

Fort Worth insurance lawyers should know about insurance policy provisions that require an examination under oath (EUO). The Houston Court of Appeals [14th Dist.] issued an opinion in May 2013, that helps to understand the process. The style…
Jun 13
Life Insurance - Who Gets The Money?

Life Insurance - Who Gets The Money?

Fort Worth life insurance attorneys will understand why people need an attorney's help in these disputes after reading this case. The case is styled, Cheryl M. Patterson and Aundrell Patterson v. American General Life Insurance Company. The…

Rank this Week: 682

Massachusetts Social Security…

Massachusetts Social Security Disability Lawyers Blog

Comments on Massachusetts social security disability law. By Jeffrey S. Glassman

http://www.massachusettssocialsecuritydisabilitylawyersblog.com/

Jun 15
Sleep Apnea Disability Claims on the Rise Among Veteran

Sleep Apnea Disability Claims on the Rise Among Veteran

The Department of Veterans Affairs has issued a new report indicating it is now spending about $1.2 billion for disability claims regarding and treatment of sleep apnea among veterans. The number of veterans and military retirees receiving…
Jun 13
Massachusetts Disability Lawyers Mark National Safety Month

Massachusetts Disability Lawyers Mark National Safety Month

June is National Safety Month, and the National Safety Council initiated a four-week campaign focusing on: Prevention of slips, trips and falls;Employee wellness;Emergency preparedness;Ergonomics. Additional information was provided on…
Jun 10
Social Security Office Closures Affect Overall Processing Time

Social Security Office Closures Affect Overall Processing Time

More and more, we continue to hear about the effects of Social Security Administration field office closures, particularly on wait times for Social Security Disability Insurance claims. Our Boston Social Security disability lawyers know…

Rank this Week: 1460

Insurance Blog

Provides analysis of trends and developments in the area of insurance coverage law. By Farella Braun + Martel.

http://www.farellacoveragelaw.com/

Jun 14
Recent Media Coverage Overstates Impact of New Second Circuit Case Regarding “Drop-Down” Issue

Recent Media Coverage Overstates Impact of New Second Circuit Case Regarding “Drop-Down” Issue

Over the past few days, there has been much hand-wringing over the Second Circuit’s decision in Mehdi Ali v. Federal Insurance Co., __ F.2d __ (2d Cir. 2013) in which the court declined to extend the holding of Zeig v. Massachusetts Bonding…
Jun 11
New case affirms broad duty to defend in construction defect case where damage dates unclear

New case affirms broad duty to defend in construction defect case where damage dates unclear

A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a…
May 14
California Supreme Court to Decide Scope of Implied Disparagement; Implications for Coverage in IP and False Advertising Case

California Supreme Court to Decide Scope of Implied Disparagement; Implications for Coverage in IP and False Advertising Case

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152 Cal. Rptr. 3d…

Rank this Week: 2906

Florida Homeowners Insurance Blog

By Greenberg, Stone & Urbano, P.A.

http://www.floridahomeownersinsuranceblog.com/

Jun 14
3 Things You Should Consider When Purchasing a Florida Homeowners Insurance Policy.

3 Things You Should Consider When Purchasing a Florida Homeowners Insurance Policy.

Summer in Florida means lots of fun and exciting activities--barbeques, time at the beach or at the pool, boating, and fireworks, just to name a few. Along with these activities comes an increased risk of injury and property damage. That is…
Jan 29
Fight for Trimming Citizens Continue

Fight for Trimming Citizens Continue

While business and environmental advocates that support the down seizing of Citizens Property Insurance Corporation expect that a new bill to that effect will soon be passed, others opposed to some of the methods for trimming the size of the…
Jan 19
Citizens Raises Deductibles for Sinkhole Repair

Citizens Raises Deductibles for Sinkhole Repair

One of the many ways used by Citizens Property Insurance Corporation to prompt many of its policyholders to "jump ship" and seek coverage under the umbrella of private insurers has been to raise the deductibles for certain damages. According…

Rank this Week: 3567

Disability Insurance Lawyer Blog

Covers long term disability news and updates. Published By New York attorneys, Frankel & Newfield, PC.

http://www.disabilityinsurancelawyerblog.com/

Jun 14
Overturn Standard's Termination on Vocational Issues for Cancer Patient

Overturn Standard's Termination on Vocational Issues for Cancer Patient

One of the more agonizing forms of cancer, particularly for individuals accustomed to active jobs that involve constant interactions with employees and customers, is throat cancer. Our client, formerly a director of Parking and Security for…
Jun 11
Court Finds Sun Life Unreasonable in Evaluating Pre-Existing Treatment

Court Finds Sun Life Unreasonable in Evaluating Pre-Existing Treatment

A Federal judge in Missouri has determined that Sun Life acted unreasonably, where it sought to apply a pre-existing limitation clause in its long term disability insurance policy to deny coverage to a claimant. Often, ERISA group LTD…
Jun 10
Cigna Disability Settlement - What does it mean for you?

Cigna Disability Settlement - What does it mean for you?

Claimants who have had problems with their Cigna long term disability insurance policy or who are about to file a claim may be concerned about what may happen as a result of the massive multi-state insurance settlement recently announced. …

Rank this Week: 260

The D & O Diary

News and commentary on Directors and Officers Liability. By Kevin M. LaCroix.

http://www.dandodiary.com/

Jun 14
Insurer Breaching Duty to Defend Cannot Rely on Policy Exclusions to Disclaim Duty to Indemnify

Insurer Breaching Duty to Defend Cannot Rely on Policy Exclusions to Disclaim Duty to Indemnify

An insurer that breached its duty to defend may not later rely on policy exclusions to escape its duty to indemnify the insured for a judgment against him, according to a June 11, 2013 decision from the New York Court of Appeals. The Court of…
Jun 13
Have We Seen the Last of "Say-On-Pay" Litigation?

Have We Seen the Last of "Say-On-Pay" Litigation?

Is it possible that we seen the last of “Say-On-Pay” lawsuits? Or are we just awaiting the next round of post-Dodd Frank executive compensation-related litigation? Those are the questions asked in a June 12, 2013 memorandum…
Jun 13
Federal Insurance Office (Finally) Issues Its First Report

Federal Insurance Office (Finally) Issues Its First Report

Among its many provisions, the Dodd-Frank created a new Federal Insurance Office within the U.S. Department of Treasury. The Act requires the FIO’s Director to provide a report each year to the President and to Congress “on the…

Rank this Week: 135

Insurance Coverage Blog

Covers legal issues relating to insurance coverage and recovery. Published by David Rossmiller of Dunn Carney.

http://www.insurancecoverageblog.com/

Jun 13
Oregon Enacts Major Changes to Environmental Insurance Law

Oregon Enacts Major Changes to Environmental Insurance Law

Oregon insurance and environmental contamination law has undergone major and far-reaching changes in favor of policyholders and landowners with the enactment of Senate Bill 814. The bill went into effect on June 10, 2013 after it was signed…
Nov 6
Wait, I'm not covered for that?

Wait, I'm not covered for that?

I remember when I called my first insurance agent. I was asked a million questions, I had no idea why the information was important, didn't know all the answers, didn't understand the terms, and at the end of the day, had NO idea what…
Oct 18
'Tis the season to be politicking

'Tis the season to be politicking

In perusing this article and this article in the Insurance Journal I was struck by the differences between the everyday understanding of an insurance contract and the understanding I have been gaining through working with them in the legal…

Rank this Week: 3313

Georgia Insurance Defense Lawyer…

Georgia Insurance Defense Lawyer Blog

Covers employer liability, food liability, insurance bad faith, CGL policy, and medical malpractice topics. Published By Georgia insurance defense attorneys, Levy & Pruett.

http://www.georgiainsurancedefenselawyer.com/

Jun 12
FAILURE TO COMPLY WITH INTERNAL INSPECTION PROCEDURES MAY PRECLUDE SUMMARY JUDGMENT

FAILURE TO COMPLY WITH INTERNAL INSPECTION PROCEDURES MAY PRECLUDE SUMMARY JUDGMENT

Posted by Christina Cribbs In the world of retail and hospitality, most responsible property owners and operators have established inspection, maintenance and repair procedures designed to prevent injuries to patrons on the premises. These…
May 10
STANDING OUR GROUND AGAINST AN INCREASING NUMBER OF SPOLIATION CLAIMS

STANDING OUR GROUND AGAINST AN INCREASING NUMBER OF SPOLIATION CLAIMS

Posted by Susan J. Levy In spite of the increasing number of spoliation claims crossing our desks, plaintiffs are not automatically entitled to sanctions every time a piece of evidence once in defendant’s control is no longer…
Apr 29
RIGHT TO CONTRIBUTION LIVES TO SEE ANOTHER DAY

RIGHT TO CONTRIBUTION LIVES TO SEE ANOTHER DAY

Posted by Christina Cribbs What is the right to contribution? Simply stated, the right to contribution arises when the negligent act(s) of one party combines with the negligent act(s) of another party and cause a single injury to the…

Rank this Week: 2736

Florida Insurance Claim Lawyer…

Florida Insurance Claim Lawyer Blog

Published By Alvarez & Barbara, LLP

http://www.floridainsurancelawyerblog.com/

Jun 12
The Marring of Chipped Tile Claims by the Fourth District Court of Appeal

The Marring of Chipped Tile Claims by the Fourth District Court of Appeal

Chipped tile claims are under assault by Florida insurance companies. Indeed, South Florida insurance companies have seen a steady rise over the years in the increased number of chipped tile claims. As a result, insurance companies are…
Jun 7
Is Your Business Ready If a Hurricane Strikes?

Is Your Business Ready If a Hurricane Strikes?

It is vital for every business owner or professional to have a disaster plan in place that includes knowing how to assess damage, understanding how to properly file an insurance claim, and make the required repairs to get back to work as…
Jun 6
Is a smaller Citizens Insurance Company better for the Florida Homeowner?

Is a smaller Citizens Insurance Company better for the Florida Homeowner?

Citizens Property Insurance is aggressively downsizing, which has caused many smaller insurers to take on their policies. They have been downsizing because Gov. Scott believes they need to lower risks. To the average person this seems like a…

Rank this Week: 3734

Insurance Litigation & Regulatory…

Insurance Litigation & Regulatory Law Blog

Covers case law, regulation and legislation affecting the insurance industry. By Barger & Wollen LLP.

http://www.insurancelitigationregulatorylaw.com

Jun 12
SCOTUS Rules: Right or wrong, arbitrator's interpretation stand

SCOTUS Rules: Right or wrong, arbitrator's interpretation stand

The United States Supreme Court in Oxford Health Plans LLC v. Sutter held that an arbitration agreement in a fee-for-services contract between physicians and a health insurance company required arbitration of a class dispute arising under the…
Jun 10
Oppression and Surprise Render Arbitration Provision Unenforceable

Oppression and Surprise Render Arbitration Provision Unenforceable

By James Hazlehurst In Vargas v. SAI Monrovia, the California Court of Appeal for the Second Appellate District addressed the enforceability of an arbitration provision in a vehicle purchase agreement. The court held that the…
Jun 4
5 Tips for Attorneys Turned Claims Investigator

5 Tips for Attorneys Turned Claims Investigator

Larry Golub was quoted in a May 31, 2013, article, 5 Tips for Attorneys Turned Claims Investigators (subs. req.) published on Law360.com about the risks associated with lawyers stepping into the role of claims handler. The article also…

Rank this Week: 1472

Covers Medicare secondary payer compliance, Medicare set-asides, mandatory insurer reporting, recovery resolutions, conditional payment notification, Medicare risk assessment, self-administration support issues, Medicare impact on long-term care. By Gould & Lamb.

http://themedicarecomplianceblog.com/

Jun 12
Future Considerations for Controlled-Release Oxycodone

Future Considerations for Controlled-Release Oxycodone

In an effort to bring the use of Oxycodone CR under more effective control, H.R. 1366 cited as the “Stop Oxy Abuse Act of 2013” was introduced “to direct the Commissioner of Food and Drugs to modify the approval of any drug…
May 30
Why You Need to Align Yourself with the Right Reporting Agent

Why You Need to Align Yourself with the Right Reporting Agent

Quite possibly the single largest incentive to comply with the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) was the verbiage, “An entity… shall be subject to a civil money penalty of $1,000 for each day of…
May 2
CMS SPEAKS AT 9TH ANNUAL NAMSAP CONFERENCE

CMS SPEAKS AT 9TH ANNUAL NAMSAP CONFERENCE

On Thursday, April 25, 2013 Panelists John P Albert – Acting Director, Division of Medicare Secondary Payer Policy and Operations; Cynthia Gross – Health Insurance Specialist, Division of Medicare Secondary Payer Policy and…

Rank this Week: 3520

No Fault Defender

Provides a defense attorney's perspective on New York's No-Fault law. By Jason Tenenbaum.

http://nofault.lisquared.com

Jun 11
An IME that went wrong

An IME that went wrong

Reynolds v Ferrante, 2013 NY Slip Op 04154 (4th Dept. 2013) “Plaintiff Robert A. Reynolds (plaintiff) had an insurance policy with Geico and sustained injuries to his neck, back and left shoulder in a motor vehicle accident. Geico…
Jun 11
A trial de novo is but a declaratory judgment action – District Court lacks jurisdiction

A trial de novo is but a declaratory judgment action – District Court lacks jurisdiction

Liberty Mut. Ins. Co. v Bayside Pain & Rehabilitation Medicine, P.C., 2013 NY Slip Op 50906(U)(App. Term 2d Dept. 2013) “Defendant moved to dismiss the complaint for, among other things, failure to state a cause of action, and…
Jun 11
Triable issue of fact through another IME in a different specialty

Triable issue of fact through another IME in a different specialty

Brooklyn Chiropractic & Sports Therapy, P.C. v A. Cent. Ins. Co., 2013 NY Slip Op 50904(U)(App. Term 2d Dept. 2013) (1) “Defendant also submitted an affirmed report of an independent medical examination (IME) with respect to 11 of…

Rank this Week: 1249

Insurance Class Actions Insider

Covers class actions against insurance companies. By Robinson & Cole LLP.

http://www.insuranceclassactions.com/

Jun 11
Oxford Health Plans v. Sutter: Supreme Court Largely Sidesteps Class Arbitration Issue

Oxford Health Plans v. Sutter: Supreme Court Largely Sidesteps Class Arbitration Issue

Yesterday, the U.S. Supreme Court issued its opinion in Oxford Health Plans LLC v. Sutter, No. 12-135, addressing whether an arbitrator exceeded his powers in deciding that a contract provided for class arbitration (i.e., a class action…
Jun 3
Does Standard Fire v. Knowles Permit A Second Removal or Late Removal? Northern District of Ohio Opinion Says "No"

Does Standard Fire v. Knowles Permit A Second Removal or Late Removal? Northern District of Ohio Opinion Says "No"

One of the issues raised by some legal commentators after the U.S. Supreme Court decided Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013) (blog post), was whether the Supreme Court’s opinion invalidating named…
May 31
Supreme Court To Decide Whether State Attorney General's Parens Patriae Action Is A "Mass Action" Under the Class Action Fairness Act

Supreme Court To Decide Whether State Attorney General's Parens Patriae Action Is A "Mass Action" Under the Class Action Fairness Act

Next Term, the U.S. Supreme Court will decide whether, or under what circumstances, a lawsuit brought by a state attorney general as a parens patriae action is removable as a “mass action” under the Class Action Fairness Act…

Rank this Week: 3026

Insurance Defense Blog

Covers civil litigation and insurance defense in Washington, D.C. By David Stratton.

http://www.insurancedefenseblog.us/

Jun 11
DCRA's Corporations Division CorpOnline Web Portal.

DCRA's Corporations Division CorpOnline Web Portal.

It's so annoying to have to search every time I want to use the DCRA's Corporations Division CorpOnline Portal. Why does the DCRA make this so hard to find? This is where to go for online search of all registered District of Columbia entities…
Mar 3
"Bitter Pill" article provides important insights for litigation

"Bitter Pill" article provides important insights for litigation

The Time magazine article, "Bitter Pill - Why Medical Bills Are Killing Us", by Steven Brill, contains important insights about medical billing practices that are relevant to personal injury litigation, and medical debt litigation.…
May 14
Metrobus Drivecam System

Metrobus Drivecam System

I've previously remarked that litigation arising from Metrobus accidents is now starting to feature video from drivecam systems on the buses. WTOP has recently posted more detail about

Rank this Week: 3351

Specialty Insurance Blog

Offers news and commentary on specialty insurance, risk management and private equity, with an emphasis on professional liability and entrepreneurship. By Tennant Risk Services.

http://specialtyinsurance.typepad.com/specialty_insurance_blog/

Jun 11
Cyber Risk Insurance is Booming

Cyber Risk Insurance is Booming

Cyber Risk insurance is booming because organizations have exposure and the insurance industry has figured out how to transfer this exposure for a reasonable price. So we were surprised to come across an article entitled Why cyber insurance…
Jun 4
Capital Raising & D&O Insurance

Capital Raising & D&O Insurance

Changes in how companies raise money will create challenges and opportunities in the insurance business, particularly in professional liability. A recent article in the WSJ (see here) noted that companies are increasingly turning to private…
May 21
Insurance Agents/Brokers Liability

Insurance Agents/Brokers Liability

Most practitioners expect an insured to read their policy, but that does not relieve an insurance agent or broker from his or her duties. An insured’s failure to read the policy does not relieve the insurance agent/broker from liability…

Rank this Week: 984

Employee Benefits Legal Blog

Covers employee benefits related to labor and employment matters. Published by Keith R. McMurdy of Fox Rothschild, LLP.

http://employeebenefits.foxrothschild.com/

Jun 10
Drunk Driving Death is an "Accident": The Importance of Accurate Plan Language

Drunk Driving Death is an "Accident": The Importance of Accurate Plan Language

When is an accident not an accident? In the employee benefits world, what constitutes an accident is defined by the terms of the plan. Last month, the 4th Circuit Court of Appeals drove this home very clearly in a case called…
Jun 4
Final Rules Issued on Wellness Programs: At Least Final For Now

Final Rules Issued on Wellness Programs: At Least Final For Now

When considering wellness programs, the ongoing debate has always been trying to distinguish between participation based and outcome based programs. Last week, HHS, Treasury and Labor released their "final" rules on wellness programs in…
Jun 4
Final Rules Issued on Wellness Programs: At Least Final For Now

Final Rules Issued on Wellness Programs: At Least Final For Now

When considering wellness programs, the ongoing debate has always been trying to distinguish between participation based and outcome based programs. Last week, HHS, Treasury and Labor released their "final" rules on wellness programs in…

Rank this Week: 747

InsureReinsure.Com: The Insurance…

InsureReinsure.Com: The Insurance & Reinsurance Blog

Covers bad faith, insurance coverage, D&O liability, excess and surplus lines, and more. By Edwards Angell Palmer & Dodge.

http://www.insurereinsure.com/

Jun 10
U.S. House Introduces Legislation Regarding Capital Requirements For Insurers Subject To Dodd-Frank

U.S. House Introduces Legislation Regarding Capital Requirements For Insurers Subject To Dodd-Frank

Late last month, Rep. Gary Miller, R-Calif., and Rep. Carolyn McCarthy, D-N.Y., introduced the “Insurance Capital and Accounting Standards Act of 2013” (H.R. 2140 or the “Act”) into the U.S. House of…
Jun 7
Second Circuit: Excess D&O Coverage Not Triggered Until Underlying Limits Exhausted by Actual Payment

Second Circuit: Excess D&O Coverage Not Triggered Until Underlying Limits Exhausted by Actual Payment

On June 4, 2013, the Second Circuit Court of Appeals in Ali v. Federal Insurance Company, et al., No. 11-5000-cv, affirmed a lower court’s decision declaring that the coverage obligations of excess D&O insurers are not implicated…
Jun 7
Live Blog: DRI Insurance Bad Faith & Extra Contractual Liability Conference (Boston): Friday Late Morning Panel

Live Blog: DRI Insurance Bad Faith & Extra Contractual Liability Conference (Boston): Friday Late Morning Panel

The DRI Bad Faith Conference continued late Friday morning with a discussion of the impact of social media on bad faith litigation, led by Paul Berne of Lancer Insurance. Mr. Berne discussed the pros and cons of performing a social…

Rank this Week: 676

National Insurance Law Forum

Discussion forum among insurance industry professionals, risk managers, attorneys, policyholders, students, and others with an interest in the development of American insurance law.

http://www.insurancelawforum.com/

Jun 7
DRI Schedules June 17 Webcast on Cyberliability for Lawyer

DRI Schedules June 17 Webcast on Cyberliability for Lawyer

The news these days is full of stories about cyber-attacks and hacking. Lost among the headlines is the deadly peril that law firms face as hackers target their often insecure computer systems as an easy means of stealing…
May 28
ALI Principles Would Change How Ambiguity Affects Coverage

ALI Principles Would Change How Ambiguity Affects Coverage

Mike Aylward: Chapter One of Tentative Draft No. 1 of the Principles of the Law of Liability Insurance says some very interesting things about how insurance contracts should be interpreted and, in particular, what role ambiguity…
May 24
The ALI Principles: Why You Should Care

The ALI Principles: Why You Should Care

Michael Aylward: So the American Law Institute has approved Sections 1 through 15 of Tentative Draft No. 1 of the Principles of the Law of Liability Insurance. Why should we or our clients care? Chris…

Rank this Week: 1279

Florida Insurance Claims Lawyer…

Florida Insurance Claims Lawyer Blog

Covers Insurance Law. By the Law Office of Eric H. Luckman, P.A.

http://www.floridainsuranceclaimslawyerblog.com/

Jun 6
Largest Private Insurance Company Fined by State

Largest Private Insurance Company Fined by State

The largest private property insurance company in Florida, second largest overall after state-run Citizens Insurance, has been slapped with a $1.26 million fine for several violations, including unnecessarily delaying claims payments to…
May 25
Oklahoma Tornado Not Going to Affect Florida Insurance Rate

Oklahoma Tornado Not Going to Affect Florida Insurance Rate

All Americans feel for Oklahomans right now, and our Florida property insurance lawyer feels compassion for those affected by the devastating tornado. But for those in our state struggling to pay already high insurance costs, it will be a…
May 12
Florida Insurance Agent Arrested For Fraud

Florida Insurance Agent Arrested For Fraud

Scam artists target innocent insurance customers at an unfortunately high rate. Our Florida insurance attorneys noticed a recent story about one such scam. Randall Peterson, a 47 year old Cantonment man, was arrested last week for creating…

Rank this Week: 2946

Insurance Policyholder Law Blog

Covers legal developments affecting policyholders. By Neal Gerber Eisenberg.

http://www.policyholderinsurancelaw.com/

Jun 5
Illinois Court Rejects Insurer's Invitation to Reverse "All Sums" Ruling

Illinois Court Rejects Insurer's Invitation to Reverse "All Sums" Ruling

On March 5, 2013, the Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App. (1st) 093240, held that in an asbestos bodily injury coverage case, 1. Any policy in…
Jun 3
Trigger for Malicious Prosecution Upended

Trigger for Malicious Prosecution Upended

In a remarkable 91-page opinion, Lake County Circuit Court Judge Margaret Mullen found that the Illinois Supreme Court and Seventh Circuit have gotten the trigger date for malicious prosecution cases wrong. She ruled that the filing of…
May 23
"Blast Fax" TCPA Damages Covered Under CGL Policy

"Blast Fax" TCPA Damages Covered Under CGL Policy

In Standard Mutual Insurance Co, v. Lay, 2013 IL 114617, the court held that damages awarded pursuant to the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227(b)(3) (the “TCPA”) constitute covered damages under a…

Rank this Week: 3910

Risk Worldwide Blog

Covers asset protection, disaster response, and insurance recovery.

http://www.riskworldwide.com/blog/

Jun 4
Wildfire risks and insurance coverage

Wildfire risks and insurance coverage

Wildfires spark their blazes in an instant and can spread rapidly, pushed and fueled by high winds, they can cover vast areas, very quickly consuming everything in their path. Wildfires occur in many places across the globe such…
Apr 17
Tornado season is here and many are at risk. Time to review your insurance policy and it’s coverage.

Tornado season is here and many are at risk. Time to review your insurance policy and it’s coverage.

Tornado season is right around the corner here in the United States. May and June are typically the most active months of the year for tornado genesis across the Great Plains. Tornado Alley, as the nickname goes,…
Apr 9
Another Risk Worldwide insurance recovery in Christchurch, NZ

Another Risk Worldwide insurance recovery in Christchurch, NZ

Rank this Week: 4504

Kentucky Injury Attorney Blog

Covers injury law, recalled products and insurance law. Published By Jones Ward PLC

http://www.kentucky-injury-attorney-blog.com/

Jun 3
Fatal wreck is tragic reminder of motorcycle safety risk

Fatal wreck is tragic reminder of motorcycle safety risk

As a lawyer and motorcycle owner, it makes me cringe when I hear about wrecks involving other bikers who are injured due to inattentive car drivers. Yet those stories are all too common, especially as summer riding weather is upon us.…
May 29
Maryland train wreck is eery reminder of West Point derailment

Maryland train wreck is eery reminder of West Point derailment

A train wreck outside Baltimore sent plumes of smoke into the air for miles around, and prompted nearby workers and residents to post frightening photos of the wreckage on the Internet (see photo, below right, posted on Twitter). The…
May 27
DOT Focuses 'Click It or Ticket' Campaign on Nighttime Driver

DOT Focuses 'Click It or Ticket' Campaign on Nighttime Driver

U.S. Transportation Secretary Ray LaHood launched the U.S. Department of Transportation's 2013 "Click It or Ticket" seat belt enforcement campaign last week, which aims at enforcing seat belt laws and reminding motorists of the risks of…

Rank this Week: 845

Oklahoma Insurance Law

Covers first party coverage issues and bad faith for Oklahoma. By Buckman & Roach.

http://www.okinsurancelawblog.com/

Jun 1
Oklahoma Courts Uphold Theft Of Personal Contents Exclusion

Oklahoma Courts Uphold Theft Of Personal Contents Exclusion

A homeowner searching for a low-cost insurance policy for his home purchased an insurance policy for his residence. The property coverage policy differed from a traditional homeowner’s insurance policy in that the property coverage…
Nov 2
Insurance Brokers Doing Business In Oklahoma Subject Themselves To Suit

Insurance Brokers Doing Business In Oklahoma Subject Themselves To Suit

Insurance brokers from London traveling to Oklahoma and marketing for business subject themselves to the personal jurisdiction of the State of Oklahoma when negligence is alleged for their failure to fulfil obligations. In Willbros USA,…
Oct 30
Legal Opinion Stating No Coverage Did Not Prevent Bad Faith Judgment

Legal Opinion Stating No Coverage Did Not Prevent Bad Faith Judgment

An Oklahoma insurance company's reliance upon a legal opinion that there was no payment due under the policy did not prevent a judgment for bad faith and punitive damages. In Barnes v. Oklahoma Farm Bureau Mutual Ins.

Rank this Week: 5241

Physician Law

Current news, updates, and useful tips relating to legal issues affecting physicians and non-institutional providers in the personal and professional lives. Published by Todd A. Rodriguez of Fox Rothschild.

http://physicianlaw.foxrothschild.com/

May 29
Tuomey Case Puts Sharp Emphasis on Fair Market Value in Physician Transaction

Tuomey Case Puts Sharp Emphasis on Fair Market Value in Physician Transaction

Earlier this month the closely watched case of U.S. ex rel Drakeford v Tuomey Healthcare System Inc. (675 F.3d 394 (4th Cir. 2012) concluded with a jury finding that the compensation paid to physicians under certain part-time employment…
Apr 30
Office of Inspector General pOIG Guidance on Physician-owned Distributorships "PODs"

Office of Inspector General pOIG Guidance on Physician-owned Distributorships "PODs"

On March 26, 2013, the Office of Inspector General published much-awaited guidance on physician-owned medical device distributorships (commonly known as "PODs") in the form of a Special Fraud Alert. The OIG makes no bones about where it…
Apr 29
President Proposes Eliminating Stark In-Office Ancillary Services Exception For Therapy and Advanced Imaging

President Proposes Eliminating Stark In-Office Ancillary Services Exception For Therapy and Advanced Imaging

In what would undoubtedly be a devastating blow to many medical practices that rely on the Stark in-office ancillary services exception (which allows physicians to refer within their practices for Stark services), President Obama's proposed…

Rank this Week: 4779

Retirement Plan Blog

Covers Employee Benefit Plans, Retirement Programs, Welfare Benefit Plans, Executive Benefits, and Employee Ownership Programs. By National Benefits Services, Inc.

http://www.retirementplanblog.com/

May 29
ERISA & Employee Benefits Litigation Blog (Seyfarth Shaw)

ERISA & Employee Benefits Litigation Blog (Seyfarth Shaw)
May 20
Fiduciary, Benjamin, Fiduciary

Fiduciary, Benjamin, Fiduciary

With apologies to anyone associated with the 1967 ground breaking movie, The Graduate, my headline is a riff on the scene to your right featuring a young Dustin Hoffman as Benjamin, and the late character actor, Walter Brooke, as Mr.…
May 12
The language of saving

The language of saving

As 401(k) plans have matured, so has the academic research around it. The relatively new field of behavioral economics which blends micro-economics and psychology is being used to help employees make better decisions about their 401(k)…

Rank this Week: 2644

Michigan Longterm Disability…

Michigan Longterm Disability Insurance Lawyer Blog

Covers ERISA, insurance bad faith, and LTD policy issues. By Serafini, Michalowski, Derkacz & Associates P.C.

http://www.michiganlongtermdisabilityinsurancelawyer.com/

May 23
LTD INSURER CIGNA AGREES TO PAY $77 MILLION DOLLARS TO SETTLE CLAIMS

LTD INSURER CIGNA AGREES TO PAY $77 MILLION DOLLARS TO SETTLE CLAIMS

HartfordBusiness.com is reporting that LTD Insurer Cigna has agreed to pay $77 million dollars to settle claims brought by regulators in four states for improperly handling long term disability claims. While it is not clear what initiated…
Mar 20
INSURER AGREES TO REINSTATE ERISA LTD INSURANCE BENEFITS

INSURER AGREES TO REINSTATE ERISA LTD INSURANCE BENEFITS

The Standard Insurance Company recently agreed to reverse its decision to deny LTD benefits to a client of the firm who had ongoing and persistent back problems. The Standard denied the claim ostensibly because "the medical records do not…
Feb 4
SMDA WINS LTD BENEFITS CASE A SECOND TIME

SMDA WINS LTD BENEFITS CASE A SECOND TIME

SMDA was fortunate enough to receive another favorable decision from the federal court finding that the Long Term Disability insurer again wrongfully denied our client's claim for benefits. In Deloach v. The Great Atlantic & Pacific Tea…

Rank this Week: 2524

Reinsurance Law Blog

Covers insurance bad faith. By Stauffer Nathan.

http://reinsurance.staufferlaw.com/

May 20
Multiple related acts under a claims made policy (Kansas)

Multiple related acts under a claims made policy (Kansas)

Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate involved a claims made professional liability policy. The policy excluded coverage for interrelated wrongful acts paid under a previous policy. The insureds (Plaintiffs) were…
May 17
Failure to accept checks tendered is not bad faith

Failure to accept checks tendered is not bad faith

In Berendes v. Geico Casualty Co., the 10th Circuit (Utah) (unpublished) affirmed summary judgment in favor of the defendant insurance company on a bad faith claim. Plaintiff said the insurance company was in bad faith because…
May 3
Equitable Contribution Due Between Primary and Excess Insurers Missouri

Equitable Contribution Due Between Primary and Excess Insurers Missouri

Appellant and respondent, both insurers, agreed to a joint defense but respondent refused to participate. Equitable contribution is due when one insurer pays part of another insurer's share on the same loss. It …

Rank this Week: 4991

Coverage Counsel

Covers New York insurance coverage cases and issues. By Roy A. Mura.

http://nycoveragecounsel.blogspot.com/

May 18
Advanced Social Media Research Tools & Resource

Advanced Social Media Research Tools & Resource

Earlier this week I delivered Episode 56 of my social media research presentation to a major P&C insurer's enterprise risk prevention committee or group. That was the 56th time I've spoken on the potential value of SM content to…
Nov 30
Emergency Adoption of the Twelfth Amendment to New York Insurance Regulation 64

Emergency Adoption of the Twelfth Amendment to New York Insurance Regulation 64

This afternoon New York Governor Andrew Cuomo announced four new measures or actions being taken in New York purportedly to expedite and in response to Sandy-related insurance claims:today's issuance by the New York Department of Financial…
Nov 10
Although Adjustment of Claim is Not Required for Public Adjuster to Collect Its Fee, Whether Public Adjuster Performed "Valuable Services" Presents a Question of Fact

Although Adjustment of Claim is Not Required for Public Adjuster to Collect Its Fee, Whether Public Adjuster Performed "Valuable Services" Presents a Question of Fact

PROPERTY – PUBLIC ADJUSTER COMPENSATION – "VALUABLE SERVICES" Public Adjustment Bureau, Inc. v. Greater New York Mut. Ins. Co. (1st Dept., decided 9/25/2012)

Rank this Week: 1425

Missouri Insurance Lawyer Blog

Published by Tatlow, Gump, Faiella & Wheelan LLC

http://www.missouriinsurancelawyerblog.com/

May 15
New Guide Makes it Easier to Understand Auto Insurance

New Guide Makes it Easier to Understand Auto Insurance

The Missouri Department of Insurance is premiering its new auto insurance guide. This guide is aimed at first-time auto insurance buyers, and provides information to help better understand details of buying car insurance. "Missouri has a…
May 7
Over $6 Million Returned to Consumers by Department of Insurance

Over $6 Million Returned to Consumers by Department of Insurance

The Missouri Department of Insurance announced recently that consumers who filed complaints against their insurance companies received an additional $6.2 million in claim payments in the first quarter of 2013. "Consumers should not assume…
Apr 26
Insurance Accounts For Over 11% Of Total Vehicle Cost

Insurance Accounts For Over 11% Of Total Vehicle Cost

The first "Your Driving Costs" study was done by Automobile Association of America (AAA) in 1950, when driving a car 10,000 miles a year cost 9 cents a mile and gas was about 27 cents a gallon. Fast forward to 2013. After accounting for gas,…

Rank this Week: 2737

Springfield Injury Lawyer Blog

Covers Illinois personal injury, medical malpractice and workers compensation law. By Ackerman Law Office, P.C.

http://www.springfieldinjurylawyer-blog.com/

May 9
The Court Assumes The Complaint Is True In All Motions to Dismi

The Court Assumes The Complaint Is True In All Motions to Dismi

The Fourth Circuit Court of Appeals decided Robert Reynolds v. Jimmy John's. The case involved two issues. The first issue was whether or not the plaintiff's complaint alleged sufficient duty to puruse a claim against Jimmy John's for…
May 1
Releases Signed Before an Injury

Releases Signed Before an Injury

In the case of Spears v. The Association of Illinois Electric Cooperatives, the Appellate Court discussed the Release of Liability signed by a party prior to an injury. The plaintiff was enrolled at Lincoln Land Community College to learn to…
Mar 6
Contingency Fees and Their Importance for Everyday American

Contingency Fees and Their Importance for Everyday American

The Center for Justice and Democracy released a study discussing the contingency fee system in the United States of America. It is titled "Courthouse Cornerstone: Contingency Fees and Their Importance for Everyday Americans." The report…

Rank this Week: 3340

Canadian Insurance Blog

By Mike Thomas.

http://insuranceblog.harpergrey.com/

May 6
Claims of deceit will generally not give rise to insurance coverage

Claims of deceit will generally not give rise to insurance coverage

No coverage under homeowner policy for claim against vendor for fraudulent misrepresentation leading to sale of home. Chrysanthis v. Ali, [2013] O.J. No. 1239, March 18, 2013, Ontario Superior Court of Justice, D.F. Baltman J.The defendant…
May 6
Subcontractors may not benefit from a third party lease.

Subcontractors may not benefit from a third party lease.

Defendant construction company could not benefit from a clause in a lease between the plaintiff lessee and a third party lessor requiring plaintiff to obtain construction insurance to defeat a claim by the plaintiff against the defendant…
May 6
An insurer may be added as a defendant after the expiration of an applicable limitation period

An insurer may be added as a defendant after the expiration of an applicable limitation period

Application to add insurer providing uninsured motorist coverage as defendant allowed after expiration of applicable limitation period. Tomescu v. Sarhan, [2013] O.J. No. 1059, March 11, 2013, Ontario Superior Court of Justice, T.A. Bielby…

Rank this Week: 2190

Disability & Bad Faith…

Disability & Bad Faith Attorney Blog

Covers disability insurance claim and bad faith information. By Quadrino Schwartz.

http://www.disabilityinsurancelawyers.com/blog

May 1
You are Being Watched in Cyber Space

You are Being Watched in Cyber Space

The internet is a graveyard for long term disability claims. Long term disability insurance companies are placing increasingly heavy emphasis on monitoring the internet for your activities. Reports have been made of claims representatives…
Apr 26
IME’s - Mind Your P’s and Q’

IME’s - Mind Your P’s and Q’

An “independent” medical exam or (“IME”) is the most frequently used tool in an insurance company’s toolbox to terminate claims. Far from being “independent,” insurance companies hire physicians based…
Apr 18
Occupational Definition Change — Beware

Occupational Definition Change — Beware

Long term disability policies, especially group policies, contain an occupational definition change. Typically occurring at the end of a two-year period, this change will almost always make a policy payable only if the insured is unable…

Rank this Week: 5218

Vegas Personal Injury Law Blog

Focuses on personal injury law and insurance issues in Las Vegas. By Allen A. Cap.

http://vegaspersonalinjurylawblog.com/blog

Apr 15
Nevada Auto Insurance Companies – Potential for Settlement of Car Accident Claim

Nevada Auto Insurance Companies – Potential for Settlement of Car Accident Claim

INTRODUCTION I was browsing the internet recently for information on auto insurance company settlement ratios. The first information that I found involved the country of India. That post stated that insurance company…
Feb 6
There Was a Car Crash and My Vehicle is a Total Loss or Has Major Damage – What Rules Apply?

There Was a Car Crash and My Vehicle is a Total Loss or Has Major Damage – What Rules Apply?

STORY LINE A friend of mine recently was involved in a parking lot accident in which his two-door luxury vehicle sustained major damage. Eventually his vehicle was taken to a certified repair facility for repairs. After repairs…
Jan 14
Medical Expenses in Personal Injury Cases: Reasonableness and Necessity

Medical Expenses in Personal Injury Cases: Reasonableness and Necessity

The purpose of damages in a civil case is to compensate a plaintiff for actual losses caused by the defendant wrongdoer. Therefore, the law provides that a wrongdoer in a personal injury case is responsible for the payment of the reasonable…

Rank this Week: 4822

Louisiana Insurance Litigation…

Louisiana Insurance Litigation Blog

Covers insurance litigation, class actions and punitive damages. By Thornhill & Collings.

http://www.louisianainsurancelitigation.com/

Apr 11
BP Deadline

BP Deadline

With the three year anniversary of the Deep Water Horizon (DWH) drill ship catastrophe on the Macondo well, the deadline to file claims under the Oil Field Pollution Act ("OPA") is April 20, 2013. The claims filed require in many cases the…
Jan 18
MetLife settles allegations on auto accident surcharges (Boston Globe)

MetLife settles allegations on auto accident surcharges (Boston Globe)

MetLife will pay a $50,000 penalty and refund an undetermined amount of money to customers to settle allegations it imposed costly surcharges on Massachusetts drivers who were found not at fault in auto accidents. In detailing an agreement…
Dec 31
BP Seafood Compensation Payments Deadline

BP Seafood Compensation Payments Deadline

The deadline to file seafood compensation claims will expire January 20, 2013! Section 5.11.9 of the Economic & Property Damages Settlement with BP mandates that all Seafood Program Compensation Claim Forms must be submitted within 30…

Rank this Week: 2047

The Official Medicare Blog and…

The Official Medicare Blog and Information Resource

Follows the issues related to Medicare Set Asides and MMSEA compliance. By MEDVAL, LLC.

http://medicaresetasideblog.com

Apr 9
We finally have some guidance on Benzodiazepines and Barbiturate

We finally have some guidance on Benzodiazepines and Barbiturate

Yesterday, CMS issued the following alert: On October 2, 2012, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to Part D Sponsors concerning the transition to Part D Coverage of Benzodiazepines and Barbiturates…
Apr 8
CMS Doesn't Want a Court Order Approving Its Full Reimbursement?

CMS Doesn't Want a Court Order Approving Its Full Reimbursement?

CMS relies heavily upon the basic premise of the Supremacy Clause in that the MSP is a federal law and, as a general proposition, supersedes state law. However, I frequently question the extent of the applicability to MSP debt given that the…
Apr 2
Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Town Hall Event

Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Town Hall Event

The CMS will be hosting a WCMSA teleconference on April 11, 2013. This event will provide stakeholders an opportunity to learn more about the Workers’ Compensation Review Contractor (WCRC), and discuss procedural matters that are not…

Rank this Week: 1699

Insurance Lawyer Blog

Covers insurance fraud, law and legislation. By Brod Law Firm.

http://www.insurance-lawyer-blog.com/

Mar 22
Mercury Ordered To Cut Rates In California

Mercury Ordered To Cut Rates In California

Mercury Casualty Co., based in Los Angeles, is in trouble with California insurance regulators. Our San Francisco insurance lawyers noticed a news story earlier this month regarding Mercury’s proposed rate hikes on their…
Feb 9
Update On “Force-Placed” Insurance In California

Update On “Force-Placed” Insurance In California

In a previous post, this blog explained what “force-placed” insurance is and how insurance companies and banks use it to charge consumers high rates, usually for a car or a home. These imposed insurance policies are intended to…
Jan 23
Canadian Insurer Embroiled in California Bad Faith Lawsuit

Canadian Insurer Embroiled in California Bad Faith Lawsuit

Our San Francisco insurance attorneys noticed a recent bad faith case against an insurance company making headlines in our state. The city of Tulare, California, is potentially on the hook for $1 million for hospital bills accrued by a city…

Rank this Week: 3039

The Policy Line

Discusses recent case law on insurance coverage issues. By Carroll, Burdick & McDonough, LLP.

http://www.thepolicyline.com/

Mar 19
Supreme Court: Putative Lead Class Member Cannot Avoid Federal Court by Stipulating to Damages Below the $5 Million Threshold in the Class Action Fairness Act

Supreme Court: Putative Lead Class Member Cannot Avoid Federal Court by Stipulating to Damages Below the $5 Million Threshold in the Class Action Fairness Act

The U.S. Supreme Court ruled today that Travelers may remove a class action to federal court despite the named plaintiff's stipulation to limit damages to $5 million (the threshold for removal under the 2005 Class Action Fairness Act). See…
Mar 14
New York Considering "Sandy" Bill to Incentivize Lawsuits against Insurance Companie

New York Considering "Sandy" Bill to Incentivize Lawsuits against Insurance Companie

Legislators friendly to the plaintiff's bar in New York are taking the opportunity presented by Hurricane Sandy to introduce legislation that would increase the costs and risks of litigation for insurance companies in New…
Mar 11
Illinois Appellate Court Addresses Issues of Exhaustion, Allocation, and Trigger

Illinois Appellate Court Addresses Issues of Exhaustion, Allocation, and Trigger

In John Crane, Inc. v. Admiral Ins. Co, No. 093240 (Ill. App. Ct., March 5, 2013) (First District), the Illinois Appellate Court held that under Illinois law: (1) an insured must horizontally exhaust all primary coverage before the excess…

Rank this Week: 3132

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