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Insurance Coverage Law Blog

Insurance Coverage Law Blog

Covers bad faith, duty to defend, duty to indemnify, liability policies, reimbursement of legal fees and subrogation. By Dunn Carney Allen Higgins & Tongue.

http://www.insurancecoverageblog.com/
  • May 25

    Memorial Day 2009

    Memorial Day 2009
    I first ran the post below for Memorial Day in 2006 as a tribute to my Dad, who served as a soldier during World War II.  This is the fourth straight year for this post, and I'll continue to run it every year. 
  • Mar 19

    Rigsby update: forgotten but not gone

    Rigsby update: forgotten but not gone
    For those who remember the heady Katrina litigation days of the Ride of the Rigsbys -- appearing on ABC's 20/20, acclaimed as alleged whistleblowers -- these times are very different for the sisters. They've slipped in the…
  • Mar 16

    Insurance Person of the Year

    Insurance Person of the Year
    Nothing like giving the readers a lot of advance notice before an ultra-high stakes award like this is finalized, right? I'm a bit tardy on this, but hey, it's not like I'm on the advisory board of the Insurance Law Center and might have…
Rank this Week: 64

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/
  • Jul 2

    Excess and Surplus Lines Law Manual 2015 Update

    Excess and Surplus Lines Law Manual 2015 Update
    We are happy to provide the 2015 edition of our Excess and Surplus Lines Law Manual. This edition reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year.…
  • Jul 1

    Wisconsin Decides to Not Become Full NIMA Member

    Wisconsin Decides to Not Become Full NIMA Member
    Wisconsin, which was an Associate Member of the Nonadmitted Insurance Multi-State Agreement, Inc. (“NIMA”) until June 30, 2015, announced this week that it will not become a full tax-sharing member of NIMA. As such, effective July…
  • Jul 1

    JPOA Extended until July 7, 2015: “Temporary” Iran Sanctions Relief Continues until July 7, 2015

    JPOA Extended until July 7, 2015: “Temporary” Iran Sanctions Relief Continues until July 7, 2015
    Since the end of November 2013, the so-called P5 + 1 (the United States and its partners, China, France, the United Kingdom, Germany and Russia) have been negotiating with Iran regarding its nuclear program. The negotiations proceeded…
Rank this Week: 254

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://www.medval.com/blog/
  • Jul 1

    Changes to the Non-Group Health Plan Recovery Workload

    Changes to the Non-Group Health Plan Recovery Workload
    Following the 2013 transition of most Group Health Plan (GHP) recovery activity to the Commercial Repayment Center (CRC), CMS has announced that certain Non-Group Health Plan (NGHP) recovery activity will also be transitioned to the CRC in…
  • Jun 24

    Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?

    Is Medicare Advantage Entitled To Bring A Private Cause Of Action Under The Medicare Secondary Payer Act?
    This article by Jennifer Jordan, general counsel at MEDVAL, was recently published in the William Mitchell Law Review. It’s an in-depth analysis of the current state of Medicare Advantage recovery rights and provides a well-reasoned…
  • Jun 22

    Medicare Reimbursement and Collateral Source Rule in Delaware

    Medicare Reimbursement and Collateral Source Rule in Delaware
    On June 12, 2015, the Supreme Court of Delaware rendered a decision in Stayton v. Delaware Health Corporation, et al. opining that the collateral source rule would not apply in the recovery sought by the plaintiff. The case involves a 76 year…
Rank this Week: 313

Property Insurance Coverage Law…

Property Insurance Coverage Law Blog

Covers property insurance coverage matters. By Merlin Law Group.

http://www.propertyinsurancecoveragelaw.com/
  • Jul 4

    Happy 4th of July from Merlin Law Group

    Happy 4th of July from Merlin Law Group
    All of us at Merlin Law Group wish you a happy and safe 4th of July. .
  • Jul 3

    Late Notice of Claims in Montana

    Late Notice of Claims in Montana
    I previously posted a video about late notice of claims and the effect thereof nationwide. Recently, the Supreme Court of Montana re-affirmed that an insurer must show actual prejudice before denying a claim because of late notice. In…
  • Jul 2

    An Insurance Company's Wrong Claim Decision Can Be Overturned

    An Insurance Company's Wrong Claim Decision Can Be Overturned
    In my several years working at Merlin Law Group, I have seen my share of insurance claim denials. Sometimes the insurer makes the proper claim decision, sometimes they do not. I will be the first to say that not every case is a bad faith…
Rank this Week: 329

Texas Injury Law Blog

Texas Injury Law Blog

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

http://www.txinjuryblog.com/
  • Jul 3

    Covidien, Transvaginal Manufacturer, Agrees to Settlement

    Covidien, Transvaginal Manufacturer, Agrees to Settlement
    Another transvaginal mesh manufacturer has agreed to settle with injured plaintiffs. This time, the company is Covidien, which has agree to settle some of the 11,000 claims that are currently being made against them. Covidien has supplied…
  • Jul 2

    Partner Majed Nachawati appointed as Panel Chairman of State Bar of Texas Grievance Committee

    Partner Majed Nachawati appointed as Panel Chairman of State Bar of Texas Grievance Committee
    We are proud to announce that Fears | Nachawati Law Firm Partner, Majed Nachawati, has recently been appointed as Panel Chairman on Panel 2, District 6 Grievance Committee of the State Bar of Texas. This appointment is highly prestigious, as…
  • Jun 30

    Truck Driver Involved in 9-Vehicle Accident Cited for Careless Driving Day Before Fatal Crash

    Truck Driver Involved in 9-Vehicle Accident Cited for Careless Driving Day Before Fatal Crash
    Pictured above: A scene from the accident that involved 9 vehicles Last week, two accidents occurred that involved one careless truck driver. The first accident happened on Wednesday, June 24th in Wildwood, Florida when Benjamin Scott Brewer…
Rank this Week: 374

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/
  • Jul 5

    Prompt Pay And Third Party Claim

    Prompt Pay And Third Party Claim
    Everman insurance attorneys need to know the insurance laws regarding payment of claims the same as any other insurance lawyer. Here is one nuance to the Prompt Pay Statutes that a lot of attorneys are not familiar with. It regards...
  • Jul 4

    Insurance Claims And Claimant

    Insurance Claims And Claimant
    Insurance lawyers in Kennedale need to know these basics regarding insurance claims and claimants when looking at the Prompt Payment of Claims Statutes. The Texas statutes regarding Prompt Pay are found in the Texas Insurance Code. It is…
  • Jul 2

    Uninsured Motorist Rejection

    Uninsured Motorist Rejection
    Springtown lawyers handling insurance cases would want to know about a ruling in the Florida Supreme Court in May 2015. This ruling was written about in the Claims Journal. The curious thing to try to figure from this case is...
Rank this Week: 506

The D & O Diary

The D & O Diary

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

http://www.dandodiary.com/
  • Jul 5

    Controversy Surrounds SEC’s New Proposed Dodd-Frank Executive Compensation Clawback Rule

    Controversy Surrounds SEC’s New Proposed Dodd-Frank Executive Compensation Clawback Rule
    On July 1, 2015, a divided SEC voted 3-2 to propose rules directing the securities exchanges to adopt standards requiring listed companies to adopt policies requiring the companies’ executive officers to pay back incentive-based…
  • Jul 2

    Of Time and Summer (A Reprise)

    Of Time and Summer (A Reprise)
    In recognition of the Independence Day holiday in the U.S., and in what is now something of an annual tradition, I am reprising here my 2012 essay about Time and Summer, which can be found here. Have a great Fourth of July holiday. Thank you…
  • Jun 30

    An Active First Half for Securities Class Action Litigation

    An Active First Half for Securities Class Action Litigation
    The first half of 2015 was an active period for new securities class action lawsuit filings. The filings through the year’s first six months suggest we are on pace for the highest annual number of new filings since 2011. The heightened…
Rank this Week: 612

Coverage Counsel

Coverage Counsel

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

http://nycoveragecounsel.blogspot.com/
Rank this Week: 623

InsureBlog

InsureBlog

Covers insurance news.

http://insureblog.blogspot.com/
  • Jul 6

    Obamacrushed! Ohio Small Employers to See Huge Premium Increases in 2016

    Obamacrushed! Ohio Small Employers to See Huge Premium Increases in 2016
    Remember when Obama said that all the haters of his "Signature Achievement" were telling "tall tales" including one that Obamacare was going to increase premiums for small businesses? Then he had his minions at HHS create transitional…
  • Jul 5

    Lies, all lie

    Lies, all lie
    Point:"Health insurance companies around the country are seeking rate increases of 20 percent to 40 percent or more, saying their new customers under the Affordable Care Act turned out to be sicker than expected."Counterpoint:Original content…
  • Jul 3

    Let's be careful out there...

    Let's be careful out there...
    [Hat Tip: III]Original content copyright © InsureBlog
Rank this Week: 691

Employee Benefits Legal Blog

Employee Benefits Legal Blog

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

http://employeebenefits.foxrothschild.com/
  • Apr 15

    Department of Labor Proposes New Fiduciary Rules: Expanding the Definition of Fiduciary

    Department of Labor Proposes New Fiduciary Rules: Expanding the Definition of Fiduciary
    Yesterday the Department of Labor issued a number of proposed rules related to retirement plans, conflict of interest, providing investment advice and the definition of “fiduciary.”  Since the original proposed rule was…
  • Apr 8

    Is it a Perk or a Plan? Big “B” or Little “b”

    Is it a Perk or a Plan? Big “B” or Little “b”
    Earlier this week, Starbucks announced that it is expanding its tuition reimbursement program to include more employees.  One article I read actually referred to as it as a “tuition plan.”  I don’t pretend to…
  • Apr 1

    When the Intranet is Not Enough: Rules for Electronic Disclosure of Plan Document

    When the Intranet is Not Enough: Rules for Electronic Disclosure of Plan Document
    It seems that everyone has a smart phone or a tablet and I can’t think of anyone I know who does not have internet access at home.  Consequently, plan sponsors ask all the time if they can just e-mail plan documents to employees to…
Rank this Week: 692

Boston ERISA & Insurance…

Boston ERISA & Insurance Litigation Blog

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

http://www.bostonerisalaw.com/
  • Jun 18

    Do You "Work For" Uber?

    Do You "Work For" Uber?
    You know, the Uber decision out of the California Labor Commission is fascinating, even if it isn’t directly on point with the subject of this blog. It immediately brought me back to the first appeal brief I ever wrote, as a young…
  • Jun 16

    It's a Top Hat Plan? Prove It

    It's a Top Hat Plan? Prove It
    This is a great article in PlanAdvisor on the recent decision in Tolbert v. RBC. Tolbert is a truly fascinating, and wonderfully instructive, district court decision on one of my favorite topics, and actually favorite things to do (I know…
  • Jun 10

    Susan Mangiero on Tibble and the Complexity of Monitoring Plan Investment

    Susan Mangiero on Tibble and the Complexity of Monitoring Plan Investment
    So, as I and dozens of other observers have pointed out (although I am confident I am the only one who quoted Shakespeare on the subject), the Supreme Court’s recent decision in Tibble drove home the importance of monitoring plan…
Rank this Week: 921

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 12

    Pain & Suffering – What’s it Worth?

    Pain & Suffering – What’s it Worth?
    Can you sue for pain and suffering in an accident or medical malpractice case in Florida? The short answer is yes. However, there are other factors that go into pain and suffering claims and the potential for monetary awards. These are things…
  • Mar 26

    Homeowners’ Insurance Policies and Exclusions for Long-Term Leak

    Homeowners’ Insurance Policies and Exclusions for Long-Term Leak
      Do insurers have a responsibility to pay for long term leaks in the house? The answer is usually no. Most homeowners’ insurance policies have an exclusion for long term leaks. The policies will pay for leaks that are discovered…
  • Feb 6

    Bicycle Accidents Risks and Remedie

    Bicycle Accidents Risks and Remedie
      The State of Florida is a bicycle rider’s paradise. With virtually year around sunshine and warm weather as well as miles and miles of incredibly beautiful coastline, it should come as no surprise that bicycles are a common sight…
Rank this Week: 901

CyberInquirer

CyberInquirer

Covers developments in cyber law and insurance. By Richard J. Bortnick.

http://cyberinquirer.com
  • May 16

    Will Your Tech E&O Insurance Cover Your Retention of Someone Else’s Electronic Data?

    Will Your Tech E&O Insurance Cover Your Retention of Someone Else’s Electronic Data?
      The following was written by my good friend Scott Godes. While Scott may be intellectually dishonest, he is an effective advocate and counselor to his policyholder clients. Thanks Scott. Court Offers Narrow Interpretation of…
  • May 15

    SCOTUS TO DECIDE STANDING: WILL CYBER BREACH PLAINTIFFS BE TOLD TO TAKE A SEAT?

    SCOTUS TO DECIDE STANDING: WILL CYBER BREACH PLAINTIFFS BE TOLD TO TAKE A SEAT?
    On April 27, 2015, the United States Supreme Court granted certiorari on the seminal question of whether a putative class of consumers’ allegations of statutory violations under the Fair Credit Reporting Act (“FCRA”),…
  • May 3

    Insurers: Assert Your Subrogation Right

    Insurers: Assert Your Subrogation Right
    The following column was first published in 2012. It is as fresh today as it was then. Its time to take it to heart. Rick It is axiomatic to say that insurance products evolve. Indeed, like virtually every organic structure, its development,…
Rank this Week: 930

Scott Godes' Insurance Law Blog

Scott Godes' Insurance Law Blog

Discusses insurance coverage issues.

http://law.lexisnexis.com/author-center/Scott-Godes/rss
Rank this Week: 915

San Francisco Injury Lawyer Blog

San Francisco Injury Lawyer Blog

Covers personal injury law. By Brod Law Firm.

http://www.sanfranciscoinjurylawyerblog.com/
  • Jul 6

    A Startling Example of Health Care Fraud Involving False Cancer Diagnoses (and a Castle!)

    A Startling Example of Health Care Fraud Involving False Cancer Diagnoses (and a Castle!)
    One of the reasons we write about health care fraud is to make people aware of the true cost of these schemes.  These crimes are ultimately financial in nature, with scammers stealing billions (not a typo!) each year from government…
  • Jul 3

    Empowerment and Prevention: Twin Goals in Civil Cases Following On-Campus Sexual Assault

    Empowerment and Prevention: Twin Goals in Civil Cases Following On-Campus Sexual Assault
    Memories of one’s college years should be marked by exciting learning opportunities, deep friendships, and the occasional all-night study session.  Tragically, far too many young people are finding their memories of their college…
  • Jul 1

    The Mental and Emotional Toll of Bed Bug

    The Mental and Emotional Toll of Bed Bug
    Think about a paper cut caused by a thin edge, a shaving nick caused by the smallest imperfection in a blade, or a bite from a mosquito you barely see that may carry deadly diseases.   These injuries prove that the neither the size…
Rank this Week: 1180

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 10

    California Insurance-Related Bills Meet Deadline for Passage in 2015

    California Insurance-Related Bills Meet Deadline for Passage in 2015
    The deadline for Assembly bills to be passed by the California Assembly and for Senate bills to be passed by the California Senate was June 5. Bills that met the deadline are eligible for enactment this year. Bills that failed to meet the…
  • Mar 25

    Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing

    Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing
    In an unusual display of speedy discretion, federal District Judge Sheri Polster Chappell wasted no time in dismissing the complaint on a public works payment bond filed by Advance Industrial Coating, LLC in Advance Indus. Coating, LLC v.…
  • Mar 24

    TEST

    TEST
    In a significant decision the Wisconsin Supreme Court has held that claims-made-and-reported requirements in claims made policies should be enforced as written. An insured's failure to report a claim during the time required by the policy…
Rank this Week: 1271

California Insurance Litigation…

California Insurance Litigation Blog

Covers California insurance law and litigation, including ERISA law, class actions and unfair business practices. By McKennon Schindler LLP.

http://www.californiainsurancelitigation.com
Rank this Week: 1283

Retirement Plan Blog

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/
  • Jul 6

    Legal Advice on Your 401(k) Plan – Is It Confidential?

    Legal Advice on Your 401(k) Plan – Is It Confidential?
    Let’s say you have a concern about how your 401(k) plan is operating.  Maybe participant loans aren’t getting repaid or a service provider has neglected to allocate forfeitures on an annual bases.  So you consult a…
  • Jul 2

    Financial Wellness by Generation: Infographic

    Financial Wellness by Generation: Infographic
    Source: PurchasingPower, LLC… Continue Reading
  • Jun 26

    IRS Makes Permanent Relief Program for Delinquent Form 5500-EZ

    IRS Makes Permanent Relief Program for Delinquent Form 5500-EZ
    The sound you may have heard recently was the sigh of relief when the IRS announced Revenue Procedure 2015-32. The Rev. Proc. made permanent a pilot program that ended Tuesday, June 2 that provided administrative relief for delinquent Form…
Rank this Week: 1454

Reinsurance Law Blog

Reinsurance Law Blog

Covers insurance bad faith. By Stauffer Nathan.

http://reinsurance.staufferlaw.com/
Rank this Week: 1370

Insurance Defense Blog

Insurance Defense Blog

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

http://www.insurancedefenseblog.us/
  • May 8

    District of Columbia Legislative History - LIMS

    District of Columbia Legislative History - LIMS
    The District of Columbia government has upgraded its Legislative Information Management System ("LIMS"). As a result of the upgrades, the database covers all legislation passed by the D.C. Council from 1989 to the present, a total…
  • Aug 10

    Plaintiffs in DC cell phone litigation avoid knockout punch, for now

    Plaintiffs in DC cell phone litigation avoid knockout punch, for now
    "Can cell phones cause brain cancer?" With that question, which he did not answer, Judge Weisberg of the Superior Court for the District of Columbia began a 76-page discourse on the admissibility of the testimony of eight…
  • Aug 9

    Judicial estoppel based on bankruptcy filing affirmed in the District of Columbia

    Judicial estoppel based on bankruptcy filing affirmed in the District of Columbia
    I had previously written about judicial estoppel and lack of standing defenses that could arise from a plaintiff's prior bankruptcy filing. There is a recent decision in the District of Columbia in which judicial estoppel barred a plaintiff's…
Rank this Week: 1433

The Insurance & Reinsurance Report

The Insurance & Reinsurance Report

Covers global insurance and reinsurance law and news. By Goldberg Segalla.

http://www.insurerereport.com/
Rank this Week: 1705

Louisiana Insurance Lawyer Blog

Louisiana Insurance Lawyer Blog

Covers Louisiana homeowners, workers' compensation, flood and hurricane insurance issues. By Lavis Law Firm.

http://www.louisianainsurancelawyerblog.com/
Rank this Week: 1553

Soha & Lang Coverage Blawg

Soha & Lang Coverage Blawg

Features new case law and insurance regulations on insurance coverage issues with a focus on the Pacific Northwest.

http://sohalang.blogspot.com/
Rank this Week: 1783

National Insurance Law Forum

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/
Rank this Week: 1666

Canadian Insurance Blog

Canadian Insurance Blog

By Mike Thomas.

http://insuranceblog.harpergrey.com/
  • May 4

    Decision granting summary judgment…

    Decision granting summary judgment dismissing insured's action was upheld on basis that insured did not meet qualifying conditions of disability policy and commenced action more than two years after becoming aware of disability. Thompson v.…
  • May 4

    Commercial general liability insurer was…

    Commercial general liability insurer was under obligation to defend insured in respect to claims relating to allegedly defective valves in HVAC units, which resulted in flooding. Versa Fittings and Manufacturing Inc. v. Berkley Insurance Co.,…
  • May 4

    Commercial general liability insurers are…

    Commercial general liability insurers are under duty to defend insured in third party claims and to share the costs on a proportionate basis. UPS Supply Chain Solutions Inc. v. Airon HVAC Service Ltd., [2015] O.J. No. 1360, March 18, 2015,…
Rank this Week: 1600

The Medicare Compliance Blog

The Medicare Compliance Blog

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/
  • Oct 6

    Humana v. Farmers – Medicare Advantage Plans at Issue

    Humana v. Farmers – Medicare Advantage Plans at Issue
    A recent federal court decision from Texas gives a Medicare Advantage plan a potential green light to seek reimbursement under the Medicare Secondary Payer (MSP) Act. At issue in the case, Humana Insurance Company v. Farmers Texas Mutual…
  • Jul 18

    US Court of Appeals Provides Opinion on Michigan Spine and Brain Surgeons v. State Farm

    US Court of Appeals Provides Opinion on Michigan Spine and Brain Surgeons v. State Farm
    The United States Court of Appeals for the Sixth Circuit published its opinion in Michigan Spine and Brain Surgeons, PLLC v. State Farm Mutual Automobile Insurance Company on July 16, 2014. The long awaited decision addresses the…
  • Jun 5

    CMS Amends the Workers Compensation Reference Guide

    CMS Amends the Workers Compensation Reference Guide
    On May 29, 2014, the Centers for Medicare and Medicaid Services (CMS) amended the recently released Workers’ Compensation Reference Guide published in February 2014. The changes affect medical review, treating physician reports,…
Rank this Week: 1660

Louisiana Insurance Litigation…

Louisiana Insurance Litigation Blog

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

http://www.louisianainsurancelitigation.com/
  • Aug 21

    THE OCTOBER 1, 2013, REAL ESTATE CRASH!

    THE OCTOBER 1, 2013, REAL ESTATE CRASH!
    If you thought the CDO caused a real estate crash that could have been avoided with proper regulation, you are going to be pleased to know that the next example of why voters are sick and tired of Washington ineptness is upon us and it could…
  • 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…
Rank this Week: 1755

Kentucky Tort and Insurance Law…

Kentucky Tort and Insurance Law Blog

Features commentary on recent tort and insurance developments in Kentucky. By Edward Brutscher.

http://kytortjournal.com
  • Apr 22

    Kentucky Tort Journal Signs Off

    Kentucky Tort Journal Signs Off
    After several years, several changes, and more than several posts it is with a heavy heart that I advise my readers that the Kentucky Tort Journal is signing off.  I will no longer be posting or updating original posts or decisions.
  • Sep 10

    Court of Appeals Minutes for September 5th

    Court of Appeals Minutes for September 5th
    The Court of Appeals recently posted its minutes for September 5th, here.  One published case dealing with torts and insurance.
  • Sep 10

    KLR Reports on $5.1 Million Dollar Verdict!

    KLR Reports on $5.1 Million Dollar Verdict!
    The Kentucky Law Review recently reported on the $5.1 million dollar verdict in Jefferson County. The KLR notes it is one of the highest awards in recent memory and links to the Courier Journal article, discussing the case. Click on the…
Rank this Week: 1623

Insurance Class Actions Insider

Insurance Class Actions Insider

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

http://www.insuranceclassactions.com/
Rank this Week: 2219

Florida Homeowners Insurance Blog

Florida Homeowners Insurance Blog

By Greenberg, Stone & Urbano, P.A.

http://www.floridahomeownersinsuranceblog.com/
Rank this Week: 2128

Specialty Insurance Blog

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 30

    Insurance Agents & Cyber Risk Insurance

    Insurance Agents & Cyber Risk Insurance
    All insurance agencies and brokers should carry Cyber Risk Insurance to protect themselves from data breach exposure and to demonstrate good risk management for clients, yet some insurance agencies do not purchase the coverage. Insurance…
  • Jun 23

    Professional Liability Insurance – Claim Reporting Reminder

    Professional Liability Insurance – Claim Reporting Reminder
    We have commented on professional liability insurance (E&O, D&O, EPL, Cyber Risk) claim reporting a number of times previously (see here, here and here for a few), but the subject requires continuous discussion in order to protect…
  • Jun 16

    Small Businesses Are Targets of Cyber Attack

    Small Businesses Are Targets of Cyber Attack
    Cyber attacks against small businesses are on the rise (see prior post), yet many small businesses still do not buy Cyber Risk insurance. Attacks and breaches against small and medium sized businesses are generally not reported. For every…
Rank this Week: 2067

ACA Review

ACA Review

Covers labor and employment, tax, employee benefits and healthcare law issues associated with the Affordable Care Act. By Balch & Bingham LLP.

http://www.acareview.com/
  • Jun 29

    Budgeting for Employer Mandate Tax Assessment

    Budgeting for Employer Mandate Tax Assessment
    For October 1 fiscal year employers, it’s budget season. Calendar year employers aren’t far behind. Those doubting their employer mandate compliance need to accrue reserves for non-deductible assessments that the IRS may impose in…
  • Jun 25

    Healthcare.gov Subsidies Trigger Employer Mandate Tax Assessments.

    Healthcare.gov Subsidies Trigger Employer Mandate Tax Assessments.
    This morning, the Supreme Court of the United States, by a 6-3 margin, removed the last legal obstacle to employer mandate tax enforcement. Because the HHS had authority under Code § 36B to subsidize insurance plans bought through…
  • Jun 19

    Few Surprises in Final SBC Reg

    Few Surprises in Final SBC Reg
    Last week the Departments of Labor, Health and Human Services and Treasury (“Departments”) issued final regulations that included additional rules relating to the summary of benefits and coverage (SBC). The June 2015 regulations…
Rank this Week: 1920

New Jersey Insurance Blog

New Jersey Insurance Blog

Covers New Jersey insurance law decisions. By William D. Wilson.

http://njinsuranceblog.com
  • Jun 24

    Third Circuit Court of Appeals Holds Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim

    Third Circuit Court of Appeals Holds Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim
    As a general rule, a liability insurance policy does not provide coverage for a breach of contract claim.  Such policies typically contain a contractual liability exclusion, which provides that there is no coverage for defense costs or…
  • Jun 12

    N.J. Appellate Division Holds No Coverage for Mold Damage

    N.J. Appellate Division Holds No Coverage for Mold Damage
    In Kavesh v. Franklin Mutual Insurance, No. A-5210-13T1 (App. Div. June 10, 2015), the Appellate Division affirmed a trial court’s ruling that there was no coverage for mold damage under a homeowner’s insurance policy issued to…
  • Jun 1

    Recovery of Attorney’s Fees in Insurance Coverage Action

    Recovery of Attorney’s Fees in Insurance Coverage Action
    As a general rule, the prevailing party in a litigation is not entitled to recover attorney’s fees from the losing party.  This is known as “the American rule.”  There are, however, several exceptions to this…
Rank this Week: 1853

Georgia Insurance Defense Lawyer…

Georgia Insurance Defense Lawyer Blog

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

http://www.georgiainsurancedefenselawyer.com/
Rank this Week: 1884

Insurance Policyholder Law Blog

Insurance Policyholder Law Blog

Covers legal developments affecting policyholders. By Neal Gerber Eisenberg.

http://www.policyholderinsurancelaw.com/
  • Jun 16

    To Be or Not to Be – an Insured Contract: Coverage for Breach of Warranty Claim

    To Be or Not to Be – an Insured Contract: Coverage for Breach of Warranty Claim
    In Bituminous Casualty Corporation v. Plano Molding Company, 2015 IL App (2d) 140292, the Illinois Appellate Court tackled one of the most misunderstood issues in the commercial general liability policy: does an obligation to indemnify…
  • Jun 14

    Minimizing Financial Losses Using Builder's Risk Insurance

    Minimizing Financial Losses Using Builder's Risk Insurance
    Seth Lamden will be presenting the program entitled "Minimizing Financial Losses Using Builder's Risk Insurance" at the AACE International's Annual Meeting on Monday, June 29th in Las Vegas, Nevada.…
  • Mar 15

    Excess Insurance: Questions Raised By Qualcomm And Issues Relating To The Duty To Defend

    Excess Insurance: Questions Raised By Qualcomm And Issues Relating To The Duty To Defend
    Partner Seth Lamden will be presenting a program entitled "Excess Insurance: Questions Raised by Qualcomm and Issues Relating to the Duty to Defend" at the American Conference Institute's 2nd National Forum on Insurance Allocation at the Omni…
Rank this Week: 2118

New Jersey Insurance Coverage…

New Jersey Insurance Coverage Litigation

By Eugene Killian, Jr.

http://www.newjerseyinsurancecoveragelitigation.com
  • Jun 13

    Fidelity Bonds and Employee Fraud

    Fidelity Bonds and Employee Fraud
    It’s amazing to me that Nigerian banker scams continue to appear in my inbox every now and then.  After all these years, businesspeople apparently continue to fall for them.  Click here for a pretty good fact sheet from the…
  • May 28

    Developments in cyberliability coverage

    Developments in cyberliability coverage
    We in business are all overwhelmed with reading material, but I try to make sure that I read at least some legal and business publications every day to keep up with developing trends.  And, it seems that every day I see another article…
  • Apr 28

    Insurance Coverage for Alleged Intentional Harm

    Insurance Coverage for Alleged Intentional Harm
    I’ve sometimes commented on this blog that my first boss in the business warned me: “If you assume there’s no coverage, you won’t find any.” There are plenty of risk managers and brokers who believe that general…
Rank this Week: 1898

Lambert and Williams Law Blog

Lambert and Williams Law Blog

Focuses on personal injury, estate, & marine law.

http://www.lambertandwilliams.com/posts
  • Jun 12

    No Token Choice – Medical Marijuana Users’ Rights to Choose Confirmed by SCC

    No Token Choice – Medical Marijuana Users’ Rights to Choose Confirmed by SCC
    Many people find that medical marijuana provides relief where other options have failed. However, until yesterday, June 11, 2015 – medical marijuana users in Canada could only legally consume their marihuana by smoking it. Many faced a…
  • May 28

    Criminal Negligence in the Workplace: Marine Employment Lesson

    Criminal Negligence in the Workplace: Marine Employment Lesson
    For the first time in B.C. history, the government has charged an employer with criminal negligence causing the death of an employee.  Although the facts of the case do not involve the death of a mariner, this article should be of…
  • May 28

    Personal Injury Lawyers Sort Out Complex Workplace Negligence Case

    Personal Injury Lawyers Sort Out Complex Workplace Negligence Case
    For the first time in B.C. history, the government has charged an employer with criminal negligence causing the death of an employee.  Although the facts of the case do not involve the death of a mariner, this article should be of…
Rank this Week: 1850

No Fault Defender

No Fault Defender

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

http://nofault.lisquared.com
  • Mar 26

    Ime cut off succeed

    Ime cut off succeed
    V.S. Care Acupuncture PC v MVAIC, 2015 NY Slip Op 50350(U)(App. Term 1st Dept. 2015) Defendant MVAIC made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that it timely denied plaintiff’s…
  • Mar 26

    Consolidated Attorney fee

    Consolidated Attorney fee
    EMA Acupuncture P.C. v Allstate Ins. Co., 2015 NY Slip Op 50348(U)(App. Term 1st Dept. 2015) Good job James F. Sullivan and crew. We sustain so much of the order under review as limited the amount of any recovery of attorneys’ fees…
  • Mar 26

    No-Show. Was it timely?

    No-Show. Was it timely?
    Acupuncture Solutions, P.C. v Lumbermans Mut. Cas. Co., 2015 NY Slip Op 50346(U)(App. Term 1st Dept. 2015) “The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the action for first-party…
Rank this Week: 2144

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/
  • Oct 17

    Concurrent Causation from "A Medley of Interesting Disability Cases"

    Concurrent Causation from "A Medley of Interesting Disability Cases"
    Kruk v. Metropolitan Life Ins. Co.,2013 U.S. Dist. LEXIS 35637 (D. Conn. 2013) Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided…
  • Sep 2

    Barger & Wolen and Hinshaw & Culbertson Announce Merger

    Barger & Wolen and Hinshaw & Culbertson Announce Merger
    Combined Firms Create Powerhouse Insurance Practice with 120 Attorneys Dedicated to Serving the Insurance Industry    Chicago and Los Angeles — September 2, 2014 — Barger & Wolen and Hinshaw & Culberston, a…
  • Aug 25

    Burden of Proof: The "What Changed?" Argument from "A Medley of Interesting Disability Cases"

    Burden of Proof: The "What Changed?" Argument from "A Medley of Interesting Disability Cases"
    Hegger v. Unum Life Ins. Co. of America, 2013 U.S. Dist. LEXIS 28587 (N.D. Cal. 2013) Facts and holding: Plaintiff Tami Hegger (“Hegger”) was employed as a medical device sales representative until she left work in December…
Rank this Week: 2230

Disability & Bad Faith…

Disability & Bad Faith Attorney Blog

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

http://disabilityinsurancelawyers.com/blog/
  • Sep 9

    Diagnosis Does Not Equal Disability; an Important Message to HIV/AIDS Victims to Document Your Restrictions and Limitation

    Diagnosis Does Not Equal Disability; an Important Message to HIV/AIDS Victims to Document Your Restrictions and Limitation
    Long Term Disability Insurance Companies typically say “diagnosis does not equal disability.” This phrase is normally among the first words spoken by a long term disability insurance company attorney to a judge in cases where the…
  • Aug 27

    How Insurance Companies “Push Poll” Your Physicians to Turn Against You

    How Insurance Companies “Push Poll” Your Physicians to Turn Against You
    “Push Polling” is a device most frequently employed in political campaigns where a political party attempts to poison the opinions of voters against the opposing candidate under the guise of conducting a poll. Masquerading as…
  • Aug 21

    Disability Considerations for Solo Practitioner

    Disability Considerations for Solo Practitioner
    If you are the sole practitioner in your legal, medical, chiropractic or dental practice, and you know that you are going to be unable to practice due to your disability, there are a multiple issues you should address prior to your last day…
Rank this Week: 1832

Declarations and Exclusions

Declarations and Exclusions

News and comment on California insurance law, the politics of insurance, and other risky business. By George Wallace.

http://www.declarationsandexclusions.com/
  • Nov 3

    BLAWG REVIEW #325.8 <br>"May There Be No Moaning of the Bar"

    BLAWG REVIEW #325.8 &lt;br&gt;"May There Be No Moaning of the Bar"
    ~~~ Sunset and evening star, And one clear call for me! And may there be no moaning of the bar, When I put out to sea, * * * Twilight and evening bell, And after that the dark! And may...
  • Apr 2

    Blawg Review #315

    Blawg Review #315
    Welcome to Blawg Review #315, the initial Monday edition of the resurgent Blawg Review, the weekly blog carnival for everyone interested in the law.  Launched originally in April 2005, and overseen by the still-anonymous Editor, Blawg…
  • Mar 15

    Marc Randazza: The Mark of Excellence

    Marc Randazza: The Mark of Excellence
    You will recall, perhaps, that I am a defendant in The Litigation Commonly Known as Rakofsky v. Internet. I have not posted updates on the case since last October, principally because the case was subject to a stay order. With the stay in…
Rank this Week: 1863

Consider the Risks

Consider the Risks

Covers insurance law issues. By Prince Lobel Glovsky & Tye.

http://www.princelobelinsuranceblog.com
  • Feb 13

    Moving Risk Management to the Nano-scale (Literally and Figuratively)

    Moving Risk Management to the Nano-scale (Literally and Figuratively)
    One problem with the implementation of risk management (the identification, reduction, and allocation of negative contingencies) as a process is size. Let’s face it, broad-based risk management takes a back seat in small organizations…
  • Nov 3

    ST.O.L.I. on the Rocks With a Twist

    ST.O.L.I. on the Rocks With a Twist
    A few months ago, we wrote about the concept of insurable interest and the potential challenges that life insurers face when seeking to avoid stranger-originated life insurance (STOLI) transactions. In particular, New York’s highest court…
  • Oct 12

    The CGL Intellectual Property Exclusion Gets a Workout and Beats a Right of Publicity Claim Without Breaking a Sweat

    The CGL Intellectual Property Exclusion Gets a Workout and Beats a Right of Publicity Claim Without Breaking a Sweat
    In a recent decision, (Aroa Marketing, Inc. v. Hartford Ins. Co. of Midwest, 198 Cal. App. 4th 781 (2011)), the California Court of Appeals upheld a trial court dismissal (without leave to amend) of an insured’s suit for breach of the…
Rank this Week: 1882

California Insurance Defense

California Insurance Defense

Covers claims handling practices and litigation procedures for insurers, self-insured businesses, claims adjusters, and insurance attorneys. By John Armstrong.

http://californiainsurancedefense.wordpress.com/
  • May 8

    Grammar and the Law: Use the Restrictive Comma; It Adds Clarity: Fail to Use It, And Pay the Price

    Grammar and the Law: Use the Restrictive Comma; It Adds Clarity: Fail to Use It, And Pay the Price
    Many of us had an English teacher that taught us that adding the final comma to a list was not necessary so we didn’t need to do it. And if you writing or reading for pleasure, and dollars and cents are not determined but how your sentence…
  • May 8

    Grammar and the Law: Use the Restrictive Comma; It Adds Clarity: Fail to Use It, And Pay the Price

    Grammar and the Law: Use the Restrictive Comma; It Adds Clarity: Fail to Use It, And Pay the Price
    Many of us had an English teacher that taught us that adding the final comma to a list was not necessary so we didn’t need to do it. And if you writing or reading for pleasure, and dollars and cents … Continue reading →
  • Mar 14

    The Best Defense Is A Good Setoff

    The Best Defense Is A Good Setoff
    If you got it, of course. Today, I’m talking about the common law doctrine of setoff as it applies in California litigation. Contractual offsets are a different topic for another day, such as offsetting worker’s compensation payments from…
Rank this Week: 2136

Insurance Scrawl

Insurance Scrawl

Commentary on the law of insurance, the insurance of business, and the business of insurance. By Orrick, Herrington & Sutcliffe LLP.

http://blogs.orrick.com/insurance-scrawl/
  • Feb 18

    Insurability of Punitive Damages - Texas Style

    Insurability of Punitive Damages - Texas Style
    It’s not as if the only cases I read these days are from the former independent nation of Texas, but the Texas Supreme Court is on a roll in clearing out its backlog of important insurance cases, some involving additional insured coverage…
  • Feb 2

    Cleaning Up the Mess in Texas: Insurer Funding Payment of Liability Claims When Coverage Is Doubted

    Cleaning Up the Mess in Texas: Insurer Funding Payment of Liability Claims When Coverage Is Doubted
    In May 2005, the Texas Supreme Court unanimously held that a liability insurer that voluntarily settles a claim against an insured may recover the payment against its own insured if it proves that the claim is uncovered and it reserved its…
  • Jan 16

    The Covenant to Provide Notice: Materiality or Prejudice Needed To Refuse Payment

    The Covenant to Provide Notice: Materiality or Prejudice Needed To Refuse Payment
    Sometimes courts get it right, both analytically and in the result. This was true in the landmark decision of the Texas Supreme Court in PAJ, Inc. v. Hanover Insurance Co. (Texas Jan. 11, 2008).
Rank this Week: 2269

Massachusetts Social Security…

Massachusetts Social Security Disability Lawyers Blog

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

http://www.massachusettssocialsecuritydisabilitylawyersblog.com/
  • Jul 3

    National Cancer Survivors Day and Social Security Disability

    National Cancer Survivors Day and Social Security Disability
    The first day of June each year is National Cancer Survivors Day across America. Many of these cancer victims have managed to survive the deadly disease but are still unable to return to work. Even after cancer has been removed and patients…
  • Jul 1

    Social Security Administration Restores Disability Benefits to Hundred

    Social Security Administration Restores Disability Benefits to Hundred
    According to recent news article from Kentucky.com, the United States Social Security Administration (SSA) has decided to reinstate benefits for hundreds of disability claimants whose benefits they had earlier suspended. There will be a full…
  • Jun 28

    Johnson v. Colvin: Social Security Disability Benefit

    Johnson v. Colvin: Social Security Disability Benefit
    Johnson v. Colvin, a case from the United States Court of Appeals for the Eighth Circuit, involves claimant who suffered from a variety of serious medical conditions including, morbid obesity, chronic asthma, depression, post-traumatic stress…
Rank this Week: 2826