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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/
  • 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…
  • May 23

    TCPA Damages are Remedial, Not Penal, According to Illinois Supreme Court

    TCPA Damages are Remedial, Not Penal, According to Illinois Supreme Court
      The Illinois Supreme Court issued a ruling today, in Standard Mutual Insurance Company v. Lay, 2013 IL 114617 (2013), finding that a TCPA statutory award is remedial in nature, and not penal. Therefore, it reversed the Appellate…
  • May 21

    ALI Adopts Tentative Draft No. 1

    ALI Adopts Tentative Draft No. 1
    The American Law Institute voted yesterday to adopt most of Chapters One and Two of the proposed Principles of the Law of Liability Insurance.   Although the spirited debate concerning some of these provisions prevented the…
Rank this Week: 45

InsureBlog

InsureBlog

Covers insurance news.

http://insureblog.blogspot.com/
  • May 25

    Obamacare | GSU Prof. Bill Custer Whiffs It

    Obamacare | GSU Prof. Bill Custer Whiffs It
    According to Georgia Health News citizens of the Peach State will have 7 (but in reality only 6) carriers to pick from when the 2014 Obamacare exchange, uh, marketplace rolls out this fall. Aetna, Alliant, Blue Cross and Blue Shield of…
  • May 24

    Excessive Hospital Profit

    Excessive Hospital Profit
    These days it seems like everyone is a financial expert and wants to cast stones at people or companies they believe are "excessively wealthy" or "unjustly profitable". The latest group is, of all people, a nurses association, that claims…
  • May 24

    Outstanding Carrier Trick

    Outstanding Carrier Trick
    As we reported almost 8 years ago, in our exclusive interview with its Medical Director Dr Dexter Campinha-Bacote, Aetna has long been in the forefront of health care transparency.Now, our good friend David Williams blogs that the carrier has…
Rank this Week: 56

The D & O Diary

The D & O Diary

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

http://www.dandodiary.com/
  • May 22

    FDIC's Latest Failed Bank Litigation Update Reflects Increasing Lawsuit Filing

    FDIC's Latest Failed Bank Litigation Update Reflects Increasing Lawsuit Filing
    According to the latest update on the FDIC’s website, the pace of the agency’s filing of failed bank lawsuits picked up considerably in the last month. According to the agency’s website (here), which the agency updated on…
  • May 22

    Despite Setbacks, Libor-Scandal Claimants Press Ahead

    Despite Setbacks, Libor-Scandal Claimants Press Ahead
    The early returns in the Libor-scandal related litigation have not been favorable for the claimants. As noted here, on March 29, 2013, Southern District of New York Judge Naomi Reice Buchwald substantially granted the motion to dismiss in the…
  • May 21

    D&O Insurance: Separate Claims Deemed a Single Claim--What Are the Implications?

    D&O Insurance: Separate Claims Deemed a Single Claim--What Are the Implications?
    As I have previously noted (refer for example here), one of the most vexing issues in the D&O claims arena is the questions of whether or not two claims are or are not interrelated. If the two are interrelated, they are deemed a single…
Rank this Week: 85

Texas Injury Law Blog

Texas Injury Law Blog

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

http://www.txinjuryblog.com/
  • May 22

    Free Auto Accident Advice

    Free Auto Accident Advice
    Free auto accident advice from one of Dallas' best accident lawyers can be helpful when faced with an auto accident. Auto accidents involving personal injury can have devastating effects on the person or person injured in a crash. …
  • May 21

    Are You Facing an IVC Complication?

    Are You Facing an IVC Complication?
    An estimated 350,000 Americans have undergone an inferior vena cava (IVC) surgery, allowing a doctor to insert a filter into their blood vessel that’s designed to prevent pulmonary embolism. For most, it’s a procedure that goes…
  • May 21

    Texas Lawmakers Consider Change to Text Message Law

    Texas Lawmakers Consider Change to Text Message Law
    In Austin, the Texas 83rd legislative session is in full swing. Among the many laws under consideration is former speaker of the House Tom Craddick’s House Bill 63. This piece of legislation, which has passed the House and awaits action…
Rank this Week: 117

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/
  • May 23

    Cigna Agrees to Re-evaluate and to Compensate Disability Insureds in the Amount of $77 million

    Cigna Agrees to Re-evaluate and to Compensate Disability Insureds in the Amount of $77 million
    By Gary Bresee In a wide ranging re-evaluation of disability claims covering its insureds in California, Connecticut, Maine, Massachusetts and Pennsylvania, Cigna Corporation may pay up to $77 million in past disability income…
  • Apr 16

    Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

    Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund
    By Robert Renner and James Hazlehurst The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor…
  • Apr 16

    Supreme Court Considers Accrual of Statute of Limitations in ERISA LTD Plan

    Supreme Court Considers Accrual of Statute of Limitations in ERISA LTD Plan
    On April 15, 2013, the United States Supreme Court agreed to review a case involving the question of when the statute of limitations accrues for judicial review of an adverse benefits determination under an ERISA long-term disability…
Rank this Week: 249

Boston ERISA & Insurance…

Boston ERISA & Insurance Litigation Blog

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

http://www.bostonerisalaw.com/
  • May 23

    ESOPs, Appraisers and Fiduciary Liability

    ESOPs, Appraisers and Fiduciary Liability
    There is much uproar at the moment over the possible expansion of fiduciary status to include appraisers, whose work includes valuing the assets held by the participants in ESOPs. Appraisers understandably do not want to assume that status,…
  • May 21

    Do You Know a Governmental Plan When You See It?

    Do You Know a Governmental Plan When You See It?
    Years ago, I worked with a client who liked to tell the story of having begun working with ERISA governed plans right after ERISA was enacted. He had been told by his bosses that there is this “new law,” and you are in charge of…
  • May 20

    Player Safety and the Absence of Guaranteed Contracts in the NFL

    Player Safety and the Absence of Guaranteed Contracts in the NFL
    I don’t want to turn this into a sports law blog, or – heaven forbid – an NFL blog (heaven knows, there are more than enough of those), but the latest work of the Washington Post on player injuries was too good to ignore. I…
Rank this Week: 341

Disability Insurance Lawyer Blog

Disability Insurance Lawyer Blog

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

http://www.disabilityinsurancelawyerblog.com/
  • May 23

    Aetna Abuses Its Discretion on Long Term Disability Claim, Claim Gets Paid

    Aetna Abuses Its Discretion on Long Term Disability Claim, Claim Gets Paid
    Aetna has once again been found to have abused its discretion in the handling of a long term disability insurance claim, with a Federal Judge determining that Aetna's claim decision was not reasoned, nor based on substantial evidence. The…
  • May 22

    CIGNA Terminates Claim, DIY Appeal Fails, We Get Settlement

    CIGNA Terminates Claim, DIY Appeal Fails, We Get Settlement
    An AV technician was disabled due to cervical spinal stenosis and post-surgical chronic pain. CIGNA paid him monthly benefits for nearly two years, and then terminated his claim. The employee filed an appeal on his own, without benefit of…
  • May 10

    Win ERISA Appeal for Software Sales Exec

    Win ERISA Appeal for Software Sales Exec
    Met Life Denies Claim For Sales Exec with Eosiniphilic Gastroenteritis Our client was a 56 year old man who had been a client sales specialist for national security and intelligence programs at an international software company. The position…
Rank this Week: 399

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/
  • May 24

    I-5 Bridge Collapse Could Raise Several Thorny Insurance Issue

    I-5 Bridge Collapse Could Raise Several Thorny Insurance Issue
    On the evening of May 23, a large section of the I-5 bridge over the Skagit River in Mt. Vernon, Washington collapsed into the river below. See news articles here and here. According to early reports, an “oversized” truck…
  • May 24

    * Chris Finney Commentary: two Solvency II updates from the PRA

    * Chris Finney Commentary: two Solvency II updates from the PRA
    On 23 May 2013, the PRA published two letters from Julian Adams to UK (re)insurers. The first (available here) repeats what we already know, and can be safely filed under R. (Here’s a précis: Solvency II has been delayed; the…
  • May 24

    PLEASE JOIN US - 12th Annual Half-Day Insurance and Reinsurance Seminar - Complimentary Seminar

    PLEASE JOIN US - 12th Annual Half-Day Insurance and Reinsurance Seminar - Complimentary Seminar
    Program: Insurance Linked Securities: The Convergence of Insurance and the Capital MarketsDiscussion of the legal and regulatory issues for various ILS structures including CAT Bonds, ILW’s and Side Cars. NAIC Amendments to the…
Rank this Week: 495

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: 502

California Insurance Lawyer Blog

California Insurance Lawyer Blog

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

http://www.californiainsurancelawyerblog.com/
Rank this Week: 569

Property Insurance Coverage Law…

Property Insurance Coverage Law Blog

Covers property insurance coverage matters. By Merlin Law Group.

http://www.propertyinsurancecoveragelaw.com/
Rank this Week: 612

Kentucky Injury Attorney Blog

Kentucky Injury Attorney Blog

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

http://www.kentucky-injury-attorney-blog.com/
  • May 24

    Kentucky car wreck kills two, injures three in Nelson County

    Kentucky car wreck kills two, injures three in Nelson County
    Alcohol may have played a role in a fatal wreck in Nelson County earlier this week in which a brother and sister died and three other people were injured when a car and pickup truck collided in the Cox's Creek area. State police said Amaris…
  • May 19

    Do you Have a Personal Injury Case?

    Do you Have a Personal Injury Case?
    There are several factors an attorney must consider when deciding to take on a new personal injury case. And potential plaintiffs should understand how these factors influence an attorney's decision to take or reject a case, and how these…
  • May 19

    NHTSA's Distracted Driving Statistic

    NHTSA's Distracted Driving Statistic
    According to a periodical released by the National Highway Traffic Safety Association in June, using electronic devices while driving is a "serious safety problem." And the organization has the numbers to back up its claim. At least 1 in 2…
Rank this Week: 715

The Insurance and Reinsurance…

The Insurance and Reinsurance Report

Provides updates of law, news and developments in insurance and reinsurance. By Dan Gerber and Jeff Kingsley.

http://insurancecoverage.typepad.com/insurance_and_reinsurance/
Rank this Week: 703

Employee Benefits Legal Blog

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/
  • May 23

    Your Corporate Structure and Ownership Status Matter

    Your Corporate Structure and Ownership Status Matter
    Believe it or not, how your company is organized can play a significant role in how it is treated for benefit purposes.  Whether you have a C-corp, an S-corp, an LLC or even a sole proprietorship can have significant impact on tax and…
  • May 16

    Remember GINA?: EEOC Settles its First GINA Law Suit

    Remember GINA?: EEOC Settles its First GINA Law Suit
    The Genetic Information Nondiscrimination Act (GINA) passed in 2008.  Since then, most of the discussion benefit plan professionals have had regarding GINA has focused on HIPAA notice requirements and compliance with GINA restrictions in…
  • May 10

    DOL Issues Model Notice for Coverge and COBRA: More PPACA Form

    DOL Issues Model Notice for Coverge and COBRA: More PPACA Form
    As a component of PPACA, employees will be able to opt out of employer coverage and go to exchanges (or go there directly if the employer does not offer coverage).  The government refers to this program as the "Health Insurance…
Rank this Week: 843

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
  • May 23

    A Supreme Court applies City Care on renewal – doom to the provider defendant

    A Supreme Court applies City Care on renewal – doom to the provider defendant
    American Transit Ins. Co. v. Bacchus, Index #: 310450/11 (Sup Ct. Bx Co. 2013) A Supreme Court finds on renewal that City Care Acupuncture, P.C. v. New York Cent. Mut. Fire Ins. Co.,  2013 NY Slip Op 50430(U)(App. Term 1st Dept,…
  • May 21

    No credentials? No issue of fact

    No credentials? No issue of fact
    Cruz v Martinez, 2013 NY Slip Op 03417 (1st Dept. 2013) “Even if an anxiety disorder could constitute a serious injury within the meaning of the Insurance Law, the affidavit of Benjamin Hirsch, Ph.D., who evaluated Clark once, did…
  • May 19

    Would this violate the Civil Kings briefing schedule rule?

    Would this violate the Civil Kings briefing schedule rule?
    Mughal v Rajput, 2013 NY Slip Op 03466 (2d Dept. 2013) “Although the defendants initially opposed the motion solely through the submission of an attorney’s affirmation, about two weeks later, and prior to the adjourned return…
Rank this Week: 1065

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/
  • May 25

    Test For Disability Coverage

    Test For Disability Coverage
    Fort Worth insurance attorneys who handle disability insurance claims need to know about this case. It is styled Occidental Life Insurance Co. v. Duncan. The opinion was issued by the San Antonio Court of Appeals in 1966. Here is some...
  • May 23

    Knowledge Of Insurance Misrepresentation

    Knowledge Of Insurance Misrepresentation
    Fort Worth Insurance Attorneys need to know an important statute in the Texas Insurance Code. That statute is Section 705.105. The 1969, San Antonio Court of Appeals case, Prudential Insurance Company of America v. Torres, does a good job…
  • May 21

    Life Insurance Lawyer And Incontestability Clause

    Life Insurance Lawyer And Incontestability Clause
    Dallas life insurance attorneys need to know about the incontestability clause in life insurance contracts. What most people don't know is that life insurance policies must contain an incontestability clause. This is a paragraph that says the…
Rank this Week: 1126

Secondary Insurance Market Blog

Secondary Insurance Market Blog

Provides news and commentary on the legal developments in the secondary insurance market, with an emphasis on the secondary market's impact upon the insurance industry. By Katherine Scanlon and Peter Vodola.

http://www.secondaryinsurancemarketblog.com/weblog/
Rank this Week: 1116

The D & O Diary

The D & O Diary

Covers directors and officers liability. By Kevin LaCroix.

http://dandodiary.blogspot.com/
  • Feb 15

    Subprime Litigation Wave Hits State Street

    Subprime Litigation Wave Hits State Street
    To see this page on The D & O Diary's new website, click here. To go to the homepage of The D & O Diary's new ebsite, click here.On January 3, 2008, State Street Corporation announced (here) that for the fourth quarter of 2007, it will be…
  • Feb 15

    A Closer Look at the 2007 Life Sciences Securities Lawsuit

    A Closer Look at the 2007 Life Sciences Securities Lawsuit
    To see this page on The D & O Diary's new website, refer here. To go to the home page of The D & O Diary's new website, click here. In prior posts (most recently here), I noted that even during the two-year lull in securities lawsuits filings…
  • Feb 15

    Tracking the Opt-Out Settlement

    Tracking the Opt-Out Settlement
    To see this page on The D & O Diary's new website, click here. To go to the home page of The D & O Diary's new website, click here.In prior posts (most recently here), I have written about the increasing importance of opt-out settlements in…
Rank this Week: 1120

Massachusetts Social Security…

Massachusetts Social Security Disability Lawyers Blog

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

http://www.massachusettssocialsecuritydisabilitylawyersblog.com/
  • May 18

    SSDI for Mental Disorders Involves Complex, Intensive Analysi

    SSDI for Mental Disorders Involves Complex, Intensive Analysi
    In most cases, diagnosis of mental disorders are the result of highly-educated guesses. It's for this reason that our Boston Social Security Disability Insurance attorneys know that it can be so tough to get an approval for federal benefits…
  • May 15

    Social Security Disability Bias Claims to Be Settled

    Social Security Disability Bias Claims to Be Settled
    While a number of administrative disability law judges have filed suit alleging they have been forced to decide disability cases in favor of claimants, another suit, alleging the exact opposite, is poised to be settled. Our Boston Social…
  • May 11

    Boston SSDI Lawyers Advise Securing Private Disability Insurance Too

    Boston SSDI Lawyers Advise Securing Private Disability Insurance Too
    There is no question that federal disability insurance is an important financial safety net to millions of Americans who, unable to work, would otherwise become destitute. Still, our Boston Social Security Disability Insurance claims lawyers…
Rank this Week: 1229

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: 1230

Coverage Counsel

Coverage Counsel

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

http://nycoveragecounsel.blogspot.com/
Rank this Week: 1278

ERISA and Disability Benefits Law…

ERISA and Disability Benefits Law Blog

Covers ERISA and Disability benefits litigation. Published by the Wood Law Firm.

http://www.erisaontheweb.com/
  • Jun 5

    Court Awards Substantial Attorney's Fees to Plaintiff in ERISA Disability Case

    Court Awards Substantial Attorney's Fees to Plaintiff in ERISA Disability Case
    In this ERISA disability case, the federal district court in Chicago awarded attorney’s fees of $109,312.75 to the successful plaintiff, Holmstrom.  The case started after MetLife decided to terminate her claim for long-term disability…
  • Apr 8

    Court Orders CIGNA to Pay Six-Figure Attorney's Fee

    Court Orders CIGNA to Pay Six-Figure Attorney's Fee
    Steven Alfano won his ERISA claim for long-term disability benefits against CIGNA. The district court had previously ruled that there was “no sound basis in the record to support CIGNA’s finding that plaintiff’s back condition … had…
  • Apr 6

    Court of Appeals Finds Sun Life Acted Arbitrarily and Capriciously

    Court of Appeals Finds Sun Life Acted Arbitrarily and Capriciously
    Sherry DeLisle continued working after her car crashes in 1998 and 2000. She suffered spinal and closed head injuries.  Her employer, Krandall & Sons, fired her on April 17, 2002, stating that “she was not doing her job.”  Eight…
Rank this Week: 1275

Insurance Dispute Lawyer Blog

Insurance Dispute Lawyer Blog

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

http://www.insurancedisputelawyerblog.com/
  • May 24

    Disability Benefits Center of Car Accident-Based Appeal

    Disability Benefits Center of Car Accident-Based Appeal
    After a man was seriously injured in a one-car accident in Lafayette Parish, Louisiana, and rendered disabled to the point that he was no longer able to complete his job, he began to receive short term disability benefits from his employer.…
  • May 20

    Finding the Correct Prescription Period Essential for Claim

    Finding the Correct Prescription Period Essential for Claim
    Each type of lawsuit has a prescription period that explains that a plaintiff must file suit before a certain amount of time. Often, the period depends on the seriousness of the crime or certain facts of the crime, such as whether the injury…
  • May 14

    Summary Judgment Prevails Against Hurricane Ike Damage

    Summary Judgment Prevails Against Hurricane Ike Damage
    A recent United States Court of Appeals for the Fifth Circuit case set out an extensive definition and explanation of summary judgment. Summary judgment occurs when there are “no genuine dispute[s] as to any material fact.” That…
Rank this Week: 1351

The Policy Line

The Policy Line

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

http://www.thepolicyline.com/
Rank this Week: 1542

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/
  • 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…
  • May 7

    Cyber risk Incident

    Cyber risk Incident
    Small and medium sized organizations are victims of employee errors and hacker attacks, and need Cyber Risk/Data Breach Insurance. Larger companies and the government are not the only targets, and smaller companies are perceived as less…
  • Apr 30

    Bank Account Theft & Cyber Insurance

    Bank Account Theft & Cyber Insurance
    Another example of a bank account takeover triggers the question: Did they have Cyber Risk Insurance? It appears not. Brian Krebs of Krebs on Security reported that another small business is the victim of a bank account takeover (see here).…
Rank this Week: 1632

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…
  • 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…
  • Mar 8

    Employee’s Negligence Trumps Owner of Premise’s Knowledge of Dangerous Condition Creating Triable Issues of Fact

    Employee’s Negligence Trumps Owner of Premise’s Knowledge of Dangerous Condition Creating Triable Issues of Fact
    In premise liability cases, a tried and true defense to a customer’s slip and fall action was to argue that the spillage or other dangerous condition happened before the business knew about the spill or other condition that caused or…
Rank this Week: 1654

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
Rank this Week: 1874

Missouri Insurance Lawyer Blog

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: 1733

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: 1732

Florida Insurance Claim Lawyer…

Florida Insurance Claim Lawyer Blog

Published By Alvarez & Barbara, LLP

http://www.floridainsurancelawyerblog.com/
  • May 19

    Time to Start Preparing for the 2013 Hurricane Season

    Time to Start Preparing for the 2013 Hurricane Season
    With Memorial Day right around the corner, many are making plans for the holiday. Some may be going on vacation and some may be planning a BBQ. But once the holiday weekend is over, we must start preparing for the 2013 hurricane season,…
  • May 6

    Fourth District Court of Appeals--Condo Associations may not rely on Condominium Act for protection

    Fourth District Court of Appeals--Condo Associations may not rely on Condominium Act for protection
    The Condominium Act in Florida states that insurers must cover damage to the exterior common elements. However, the 4th District Court of Appeal recently held that associations cannot rely on that provision to cover damages to those areas.…
  • May 4

    The 2013 Hurricane Season Promises to be a Busy One

    The 2013 Hurricane Season Promises to be a Busy One
    According to recent reports, we should anticipate a busy hurricane season in 2013. Higher than normal temperatures in the Atlantic, among other factors, hint at a busier than normal hurricane season. Indeed, the past three years have been…
Rank this Week: 2180

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/
  • 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…
  • Apr 27

    Injunction on Parts of Florida's PIP Law

    Injunction on Parts of Florida's PIP Law
    Under Florida insurance law, vehicle drivers are required to carry personal injury protection (PIP) insurance to cover medical expenses in the case of an accident and injury. PIP is meant to be an alternative to a legal liability system,…
  • Apr 12

    Collapse of Florida Property Insurer Due to Fraud

    Collapse of Florida Property Insurer Due to Fraud
    Anyone paying attention to Florida property insurance knows that there have been a lot of concerning problems recently. Not only is property insurance in our state expensive, but there have also been problems with insurers, including state…
Rank this Week: 2033

CyberInquirer

CyberInquirer

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

http://cyberinquirer.com
  • May 12

    The Posts have Come Back… To Cyberinquirer

    The Posts have Come Back… To Cyberinquirer
    Since last we visited, your humble Publisher has moved on to the Law Offices of Richard J. Bortnick, where I am Managing Director (very European, if I do say so myself). A number of dedicated readers and friends (you know who you are) have…
  • Mar 13

    Cyber Liability Insurance: Ensuring Adequate Coverage in the Age of E-Commerce

    Cyber Liability Insurance: Ensuring Adequate Coverage in the Age of E-Commerce
    I.     Introduction: Insurance Products for Cyber Risks Increasing reports of cyber intrusions, data theft and computer system malfunctions have led a rapidly-growing number of companies to purchase insurance coverage to…
  • Jan 27

    Power to the People: Social Media Technologies Mediating Corporate Social Governance

    Power to the People: Social Media Technologies Mediating Corporate Social Governance
    The measure of effectiveness of a CEO and its executive board has always been the degree to which the business is achieving its purpose. Whether in Canada, the U.S., Europe or Asia, an executive board’s purpose should be to increase…
Rank this Week: 2070

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/
  • 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…
  • Mar 18

    LOCATION, LOCATION, LOCATION - THE TAGLINE FOR RAINY DAY SLIP AND FALL CASES

    LOCATION, LOCATION, LOCATION - THE TAGLINE FOR RAINY DAY SLIP AND FALL CASES
    Posted by Christina Cribbs It is common knowledge that when it is raining, people track water into a building as they enter. This natural process can result in water accumulation inside the building. Shouldn’t this common knowledge…
Rank this Week: 1927

Canadian Insurance Blog

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: 2057

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/
  • 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…
  • Mar 8

    Due Process for Beginner

    Due Process for Beginner
    AG Holder: Assassination is unlawful. We decided these killings are lawful. Ergo they are not assassinations. Q.E.D. bit.ly/AjR13a — George Wallace (@foolintheforest) March 5, 2012 Earlier this week, U.S. Attorney General Eric Holder used…
Rank this Week: 2096

Insurance Blog

Insurance Blog

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

http://www.farellacoveragelaw.com/
Rank this Week: 2468

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: 2350

Physician Law

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/
  • 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…
  • Mar 29

    FTC Sues to Block Hospital Acquisition of Medical Practice

    FTC Sues to Block Hospital Acquisition of Medical Practice
    Adding an interesting wrinkle to an already complex environment, the Federal Trade Commission filed a suit this month to block an Idaho hospital from acquiring a physician practice.  According to an article on thomsonreuters.com, the FTC…
Rank this Week: 2462

Risk Worldwide Blog

Risk Worldwide Blog

Covers asset protection, disaster response, and insurance recovery.

http://www.riskworldwide.com/blog/
Rank this Week: 2466

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: 2298

Insurance Defense Blog

Insurance Defense Blog

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

http://www.insurancedefenseblog.us/
  • 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
  • Apr 27

    Online public records available from Recorder of Deeds, Washington D.C.

    Online public records available from Recorder of Deeds, Washington D.C.
    Here's another online resource that may be useful to defense lawyers in D.C.:  The Recorder of Deeds' website gives access to Online Public Records. Registration is required, but it is free.  Imaged documents can be purchased.
Rank this Week: 2379

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: 2266

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: 2391

Insurance Class Actions Insider

Insurance Class Actions Insider

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

http://www.insuranceclassactions.com/
  • May 24

    Attorneys' Fees For Coupon Settlements Under CAFA Addressed By Ninth Circuit

    Attorneys' Fees For Coupon Settlements Under CAFA Addressed By Ninth Circuit
    Under the coupon settlement provision of the Class Action Fairness Act (CAFA), do attorneys’ fees always have to be based on the value of the coupons redeemed, or can they be based on a lodestar calculation?  The Ninth Circuit…
  • May 10

    DRI 2013 Class Action Seminar

    DRI 2013 Class Action Seminar
    I’ve had the pleasure of serving on a committee of the Defense Research Institute (DRI) that has put together another blockbuster national class action seminar, being held on July 25, 2013 at the Willard Intercontinental Hotel in…
  • May 9

    Life Insurance Retained Asset Account Class Action: Seventh Circuit Affirms Dismissal

    Life Insurance Retained Asset Account Class Action: Seventh Circuit Affirms Dismissal
    I’ve covered before on this blog a series of class actions brought against life insurers involving the use of retained asset accounts, in which checkbooks are provided to beneficiaries of life insurance policies, from which any or all…
Rank this Week: 2811

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/
  • 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)…
  • May 6

    Marshmallows and 401(k) Plan

    Marshmallows and 401(k) Plan
    When I was a right-brain undergraduate and long before my left-brain discovered ERISA, I took a number of psychology courses. In one of those courses, we discussed the famous marshmallow experiment conducted by social psychologist Walter…
Rank this Week: 2523