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CyberInquirer

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

http://cyberinquirer.com

Rank This Week: -

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/

Nov 20
Completion of Financial Regulatory Overhaul Delayed in House, Federal Reserve Auditing Provision Added

After weeks of debate on the various legislative pieces of a large-scale financial regulatory overhaul, the House Financial Services Committee was expected to complete its work this week. However, a committee vote to approve the final piece of the overhaul - the systemic risk bill (H.R. 3996) - was postponed Thursday when Members of the Congressional Black Caucus (CBC) withheld their support for the measure. While the 10 CBC Members on the Financial Services Committee do not have specific... Posted on November 20, 2009 at 05:34 am
Nov 20
Life Settlement Legislation Approved by New York Legislature

Earlier this week, the New York Legislature passed a bill establishing a comprehensive statutory framework for the regulation of life settlements. The legislation is based on a model law drafted by the National Association of Insurance Legislators (NCOIL). If the bill is signed by Governor David Paterson, New York would join the growing number of states regulating the life settlement market. The legislation includes provisions that: Require life settlement providers, brokers and intermediaries... Posted on November 20, 2009 at 05:28 am
Nov 19
NY Court of Appeals Applies Pennsylvania Law to Bar Coverage For Malpractice Claim Pursuant To Prior Knowledge Exclusion

Reversing the intermediate appellate court, New York's highest court recently granted summary judgment in favor of two excess insurers based upon their policies' prior knowledge exclusion. In Executive Risk Indemnity Inc. v. Pepper Hamilton LLP, et al., No. 130 (Oct. 20, 2009), a case governed by Pennsylvania law, the insured law firm sought coverage for various malpractice claims asserted against it in connection with its representation of Student Finance Corp. ("SFC"), whose principal was... Posted on November 19, 2009 at 01:24 am

Rank This Week: 28

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

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. I've thought of his service often, and have read many books about war and military history to try to understand what he did, what he went through, and also who he was. As Dickens pointed out in A Tale of Two Cities, the human heart is a mystery even to those closest to us, and there are... Posted on May 25, 2009 at 09:44 am
Mar 19
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 celebrity rankings to a most unenviable category: forgotten but not gone. The inevitable next stage? Jointly occupying a corner box in the New, New Hollywood Squares, I suppose, hosted by John McEnroe or some such. Contestant: I'll take the Rigsby Sisters for the block.... Posted on March 19, 2009 at 07:05 am
Mar 16
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 been expected to post on this more than a day before the contest ends . . . oh yeah, I am. Well, in any event, here is a link to the ILC's Insurance Person of the Year voting, with four big categories: policyholder lawyers, regulators, judges and insurer-side... Posted on March 16, 2009 at 10:17 pm

Rank This Week: 143

California Insurance Lawyer Blog

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

http://www.californiainsurancelawyerblog.com/

Oct 21
XMRV VIRUS MAY BE CAUSE OF CHRONIC FATIGUE SYNDROME

A new study published last week in Science magazine announced that a retrovirus called XMRV may cause Chronic Fatigue Syndrome (CFS). The virus' actual name is xenotropic murine leukemia virus-related virus,and it was found in nearly 98 percent of about 300 patients with the syndrome. See, NY Times, Virus Is Found in Many With Chronic Fatigue Syndrome by Denise Grady. This discovery provides hope for researchers because if the retrovirus - part of the same family as the HIV virus that causes... Posted on October 21, 2009 at 03:41 pm by Kantor & Kantor LLP
Oct 4
Tort Reform is a myth...‘Frivolous Lawsuits’ Amount to Pennies on the Dollar Compared to Insurer Profits

"Tort Reform, Tort Reform, Tort Reform," the phrase has almost become a song. Nobody likes to see undeserving people win huge, unjustified damage awards, but the fact is, it doesn't really happen in California, except on maybe on TV. Los Angeles Times business columnist Michael Hiltzik couldn't be more correct when he writes that one of the biggest fans of so-called tort reform is the insurance industry, "because the less money they pay out to plaintiffs, the more they get to keep." See "Why... Posted on October 4, 2009 at 09:54 am by Kantor & Kantor LLP
Oct 3
Tests to Objectively Measure Brain’s Pain Response Bolster Fybromyalgia Claims

According to Medical News Today, fibromyalgia is no longer an "invisible" syndrome. Citing a study reporter in the Journal of Nuclear Medicine, the article reports that researchers in France were able to detect functional abnormalities in the brain after performing brain scans on 20 women diagnosed with fibromyalgia. Those scans were then compared with scans from 10 healthy women. See "Fibromyalgia Can No Longer Be Called an Invisible Syndrome." The diagnosed brain abnormalities directly... Posted on October 3, 2009 at 09:48 am by Kantor & Kantor LLP

Rank This Week: 224

Coverage Counsel

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

http://nycoveragecounsel.blogspot.com/

Nov 19
Trial Court Did Not Abuse Its Discretion in Excluding Reference to Defendant's Expert's Stock Ownership in Defendant's Liability Insurer

EVIDENCE OF DEFENDANT'S LIABILITY INSURANCE - PROBATIVE VS. PREJUDICIAL VALUE Salm v. Moses (Ct. Apps., decided 10/22/2009) Hat tip to Gregory McGoldrick over at McGoldrick's New York State Civil Evidence for spotting and blogging this decision. This is not an insurance coverage decision, but one about insurance coverage. It has long been the rule in New York that evidence that a civil defendant carries liability insurance is generally inadmissible at trial. In this dental malpractice action,... Posted on November 19, 2009 at 07:48 am
Nov 16
Live Tweeting of the NYACT Insurance Claims & SIU Personnel Conference on November 17th & 18th

For those of you who wanted but are unable to attend the NYACT 2-Day Education Conference for Insurance Claims and SIU Personnel in Smithtown, Long Island tomorrow and Wednesday, I'll be live microblogging the conference on Twitter. If you don't follow @royamura or @CoverageCounsel but want to follow the live tweets, load http://search.twitter.com/search?q=NYACT into your Internet browser or click here on Tuesday morning and follow along by periodically refreshing your browser. The program runs... Posted on November 16, 2009 at 05:26 am
Nov 16
Fourth Department Rejects Attorneys' Fees Claim for Defending Insurer's Appeal -- Not So Mighty Midgets

EMPLOYER'S LIABILITY - RIGHT TO INDEPENDENT COUNSEL - ATTORNEYS' FEES Thomas Johnson, Inc. v. State Ins. Fund (4th Dept., decided 11/13/2009) Since at least 1979, the New York rule regarding the recoverability of attorneys' fees in declaratory judgment actions has been that it is only when the insured is "cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations" and wins the DJ action that the insured may recover its attorneys'... Posted on November 16, 2009 at 04:55 am

Rank This Week: 293

Re Risk

Covers the global re-insurance market. By Jolyon Patten.

http://www.rerisk.net

Nov 20
Safety National v Lloyd’s

On November 9, an en banc opinion of the Fifth Circuit Court of Appeals ruled that arbitration provisions in international reinsurance contracts are enforceable despite a Louisiana statute prohibiting arbitration agreements in insurance contracts. In Safety Nat'l Cas. Ass'n v. Certain Underwriters at Lloyd's the Underwriters provided reinsurance for excess policies issued to a workers compensation self-insurance fund. After Underwriters refused to recognize as an assignment of the fund's rights... Posted on November 20, 2009 at 07:19 am by jolyonpatten
Sep 10
Sitting Bull

No, not a reference to a tired and emotional broker who won't be quiet, but a reflection of one of the minor joys of working for a US firm. We all receive circular emails from time to time punting some sort of 'must have' service. Most of them are pretty pedestrian and more or less pointless or inappropriate. So this one that landed in my inbox today rather leaped out at me, entitled, as it was: 8 Issues When Doing Business or Contracting With Native American Tribes And it then went on to... Posted on September 10, 2009 at 09:14 am by jolyonpatten
Sep 8
Sedgwick London: “an excellent practice”

We have a good write-up in the latest Legal 500, under the Insurance and Reinsurance Litigation section: Sedgwick Detert Moran & Arnold LLP has an excellent practice, with clients appreciating, among other things, its international reach. Sarah Hills is 'very detail orientated' while new addition to the team Jolyon Patten offers 'sensible and commercial solutions'. It represented a large Bermuda insurer in respect of its insured's involvement in the Buncefield oil depot explosion. And, at... Posted on September 8, 2009 at 05:47 am by jolyonpatten

Rank This Week: 334

Long Term Disability Law Blog

This blog covers all aspects of long term disability advocacy. Topics include long term disability benefits and claimant tips. By Riemer & Associates.

http://www.longtermdisabilitylawblog.com/

Aug 14
Riemer Convinces Court to Award his client $180,466 in Attorney Fees

On August 5, 2009, the Federal District Court in New York City ordered INA Life Insurance Company of New York, a subsidiary of CIGNA, to pay our client $180,466.60 in attorney fees. This award follows a battle for long term disability benefits, where the Court found that CIGNA's denial of long term disability benefits was arbitrary and capricious. The lawsuit was subject to the Employee Retirement Income Security Act ("ERISA"). Under ERISA, the Court may in its discretion award the plaintiff... Posted on August 14, 2009 at 08:50 am by Scott Riemer
Apr 20
Riemer invited to Speak at Prestigious Disability Conference

On June 15, 2009, Scott M. Riemer was one of the featured speakers at the 12th National Advanced Forum on Resolving Disability Insurance Claims & Litigation in Boston. The conference was sponsored by the American Conference Institute. The conference included speakers who are leading plaintiff and defense lawyers as well as top medical experts. The topic of Mr. Riemer's discussion was "The Impact of MetLife v. Glenn on the Standard of Review and Discovery." Please take a look at ACI's... Posted on April 20, 2009 at 07:05 am by Scott Riemer
Apr 17
Riemer Convinces Court to Award Wide-Ranging Discovery against Hartford

In Jacoby v. Hartford, 254 F.R.D. 477 (S.D.N.Y. 2009), the Federal District in New York City ordered Hartford to produce thousands of pages of documents pertaining to Hartford's inherent conflict of interest. Rejecting Hartford's claims of confidentiality and burdensomeness, the Court ordered Hartford to respond to plaintiff's interrogatories and document demands, including the full production of Hartford's BMS Claims Manual and SIU Reference Manual. The Court also rejected Hartford's claim... Posted on April 17, 2009 at 12:19 pm by Scott Riemer

Rank This Week: 343

It's No-Fault of NY

New York state no-fault insurance law news, analysis and commentary. From attorneys Damin J. Toell and Erik B. Lutwin.

http://nynofaultlaw.blogspot.com

Jun 25
State Farm v. Langan

In State Farm Mut. Auto. Ins. Co. v. Langan, 55 A.D.3d 281 (2d Dep't, 2008), the Appellate Division, 2d Department, held that, regarding no-fault benefits, a loss is "accidental" where the incident is "unexpected, unusual and unforeseen" from the point of view of the injured person. Generally speaking, this struck a blow against insurers who seek to disclaim coverage where only one person intentionally caused the loss. Thus, for example, where insurers previously sought to disclaim no-fault... Posted on June 25, 2009 at 04:40 am by Damin J. Toell, Esq.
Apr 3
EUO No-Show by Patient Subject to Preclusion

I'll have a post regarding the unsurprising result in LMK later, but there's a new decision from the Appellate Division, Second Department that requires some attention. The decision in Westchester Med. Ctr. v. Lincoln Gen. Ins. Co., 2009 NY Slip Op 02589 (App. Div., 2d Dep't, 2009) has just been posted. The decision has a few holdings. The ostensible main holding is that letters "advising the plaintiff that the processing of its claim was being held pending an investigation of the loss, which... Posted on April 3, 2009 at 07:39 am by Damin J. Toell, Esq.
Mar 3
MVAIC & Qualified Persons

Judge Noach Dear's decision in Kipor Medicine P.C. v. MVAIC, 2009 NY Slip Op 29085 (Civ. Ct., Kings Cty., 2009) was published today on the Slip Opinion site. This was published as a Decision of Interest in the New York Law Journal last week and will be published in the official Miscellaneous Reports. As noted in the version published in the Law Journal, I handled this trial of counsel to the Law Offices of Bruce Newborough for Plaintiff. In the case, MVAIC alleged that it had never received... Posted on March 3, 2009 at 05:05 am by Damin J. Toell, Esq.

Rank This Week: 344

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/

Nov 17
Georgia Supreme Court Clarifies Bad Faith "Safe Harbor"

One of the more nagging problems in bad faith litigation is failure to settle cases in which more than one insurance company is involved. In such circumstances, where the insurer does not have full control as to whether the case can settle or not, may a liability insurer be liable for bad faith where the failure of the settlement owes to the intransigence of an excess insurer or other parties. It was with some relief, therefore, that we received a ruling from the Georgia Supreme Court earlier... Posted on November 17, 2009 at 02:21 pm
Nov 15
Massachusetts Appeals Court Limits Scope of Pollution Exclusion

Although Massachusetts courts have generally given effect to absolute pollution exclusions, recent case law has developed an interesting distinction between claims for "clean up costs" and damages attributable to more traditional forms of property damage, such as diminution in the value of the plaintiff's property due to the presence of pollutants. A new opinion of the Appeals Court has suggested that this distinction is broad enough that it may swallow the exclusion itself. The distinction... Posted on November 15, 2009 at 04:35 pm
Nov 15
Massachusetts Courts Limits D&O Coverage

A federal district court has ruled in Genzyme Corp. v. Federal Ins. Co., No. 08CV10988 (D. Mass. September 28, 2009) that a shareholder class action in which the plaintiffs alleged that Genzyme's directors and officers had schemed to depress the market value of a subsidiary so that it could fold it into the corporation in a manner favorable to other shareholders failed to trigger coverage under a Directors & Officers policy. Judge Gertner ruled that the sums that Genzyme had paid to settle... Posted on November 15, 2009 at 04:29 pm

Rank This Week: 372

Gauntlett on Insurance

Covers insurance law topics such as coverage, news, and personal injury. Published by Gauntlett & Associates.

http://www.gauntlettoninsurance.com/

Nov 13
New Century Mortgage Corp. v. Great Northern Ins. Co., Civil Action No. 07-640-GMS/MPT, 2009 WL 3444759 (D. Del. Oct. 26, 2009)

Finding that Judge Coar's decision that a blast fax sent without permission of the insured did not constitute property damage because " '[l]oss of paper and toner is a normal, expected outcome that falls under the policy's exclusion for "expected or intended injury." ' . . . New Century Mortgage Corp. v. Great N. Ins. Co., No. 05-C-2370, 2006 WL 2088198, at * 4 (N.D. Ill. 2006)." The court focused on the "advertising injury" coverage issue. Although Judge Coar reached a negative ruling on that... Posted on November 13, 2009 at 10:08 am
Nov 11
Transportation Ins. Co. v. Pennsylvania Mfrs.' Ass'n Ins. Co., No. 08-4815, 2009 WL 3022151 (3d Cir. (Pa.) Sept. 21, 2009)

Consistently injurious publications allegedly first began in 1999, pre-dating PMIC's insurance coverage as respects otherwise potentially covered personal and advertising injury claims for patent infringement. As all relevant conduct was injurious and was the same conduct, Maddox v. St. Paul Fire & Marine Ins. Co., 179 F. Supp. 2d 527, 530 (W.D. Pa. 2001) compelled a finding that PMIC was not obligated to pay half the cost of defense incurred in the underlying suit. Disparagement coverage... Posted on November 11, 2009 at 10:45 am
Nov 9
Capital Specialty Ins. Corp. v. Industrial Electronics, LLC, No. 3:08-CV-615-H, 2009 WL 3347112 (W.D. Ky. Oct. 14, 2009)

At issue was an alleged violation of noncompete and confidentiality provisions of a prior employee, Yuriy Osyka, and his former employer ICS. A two-year noncompetition agreement and prohibition against disclosure of ICS's proprietary information or trade secrets was incorporated. In 2005 it was contended that Osyka deleted important business documents from ICS's computers and took that information with him prior to leaving the company in October 2005. This precipitated lawsuits filed in 2007... Posted on November 9, 2009 at 10:41 am

Rank This Week: 414

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/

Nov 16
Jobs & Insurance

As we noted in a prior post (see here), job growth is a critical driver of growth in the insurance business, and new business starts are an important indicator of job growth. Most new jobs come from new businesses and small businesses, and new business starts, often strong at the end of a recession, have not picked up. An article in CFO (see here) talks about whether entrepreneurial activity may or may not increase this time around. Unemployment is high,... Posted on November 16, 2009 at 08:00 pm by Specialty Insurance Blog
Nov 9
Private Equity Insurance

The insurance market for financial institution D&O has been tightening due to large corporate failures and resulting D&O losses, and this has impacted the market for D&O (directors & officers) and GPL (general partnership liability) insurance coverage for private equity & venture capital groups. Their unique insurance needs present underwriters with a range of exposures. A a series of articles from law firm Debevoise & Plimpton highlights both the changing environment... Posted on November 9, 2009 at 08:00 pm by Specialty Insurance Blog
Nov 2
EPL & the Recession

Current high unemployment is increasing employment exposure for small and medium sized businesses, and increasing the need for employment practices liability (EPL) insurance. EPL insurance covers claims for wrongful hiring and termination, sexual harassment, and discrimination. Two articles highlight the changing employment environment. The first article, on page 28 in the October 2009 edition of Rough Notes (see here), notes that one in five small businesses will have an EPL lawsuit this year.... Posted on November 2, 2009 at 08:00 pm by Specialty Insurance Blog

Rank This Week: 442

Canadian Insurance Blog

By Mike Thomas.

http://insuranceblog.harpergrey.com/

Nov 20
The owner of a leased commercial premise may be able to claim fire damage from the tenant.

This appeal involved a dispute over which party - the respondent landlord or the appellant tenant - assumed risk for loss occasioned by fire. The Court of Appeal ruled that by requiring the appellant to contribute to the cost of insurance, the Offer to Lease passed the risk of loss on to the respondent. 1044589 Ontario Inc. (c.o.b. Nantucket Business Centre) v. AB Autorama Ltd., [2009] O.J. No. 3768, September 16, 2009, Ontario Court of Appeal, J.A. Laskin, J.M. Simmons, and R.G. Juriansz JJ.A.... Posted on November 20, 2009 at 10:39 am
Nov 17
Injuries casued by a breaking seat on a bus occurred pursuant to the use and operation of a motor vehicle.

The issue in this case was whether the plaintiff's injuries were causally connected to the use or operation of a motor vehicle. The Court ruled that the injuries were connected to the use of a motor vehicle, meaning that the legislatively imposed thresholds and deductibles were applicable to the plaintiff's claim. Nelson v. Greater Toronto Transit Authority, [2009] O.J. No. 3794, September 15, 2009, Ontario Supreme Court of Justice, G.M. Mulligan J. The plaintiff was injured when the seat he... Posted on November 17, 2009 at 10:24 am
Nov 12
Clear and unequivocal notice will trigger the commencement of the limitation period in disability contracts.

This application concerned a dispute over when the limitation period set out in s. 22 of the Insurance Act, R.S.B.C. 1996, c. 266 is triggered in a claim for disability benefits. The Court held that the notice given was clear and unequivocal, notice of the intention to deny benefits had been given and the limitation period had been triggered by clear and unequivocal notice of the intention to deny benefits. The action was statute barred. Sander v. Sun Life Assurance Co. of Canada, [2009] B.C.J.... Posted on November 12, 2009 at 10:06 am

Rank This Week: 489

The D & O Diary

News and commentary on Directors and Officers Liability. Published by Kevin M. LaCroix, an attorney at Oakbridge Insurance Services.

http://www.dandodiary.com/

Nov 20
D&O Insurance: Is "Choice of Law" the Next Hot Topic?

Pop quiz: the law of which jurisdiction should govern a coverage dispute arising under D&O insurance policies issued by U.S-domiciled insurers to an NYSE company incorporated in Delaware with its headquarters in Oregon? If you find the answer "British Columbia" as surprising as I do, read on. The court decision discussed below could have important implications for the typical U.S. D&O policy, with its extension of "worldwide coverage," particularly as both commerce and litigation become... Posted on November 20, 2009 at 01:56 am
Nov 19
The Changing European Liability Landscape and the D&O Insurance Marketplace

Beginning with the corporate scandals earlier in this decade and continuing with the more recent financial meltdown and Ponzi scheme revelations, these has been a widespread push toward corporate governance reform. In some European countries, these developments have been accompanied by the implementation of mechanisms to provide some form of relief to the victims of corporate misconduct. These legal trends have in turn had a significant impact on the European D&O insurance marketplace, as... Posted on November 19, 2009 at 01:26 am
Nov 18
Look Who's Getting Sued Now

One interesting thing about the most recently filed securities class action lawsuits is what they have in common - that is, that while the companies sued are drawn from a surprising diversity of industries, none of them are in the financial services sector. The absence of new securities suits against financially related companies is quite a contrast to the lawsuits that were being filed a year ago, and for that matter that were being filed in the first few months of 2009. There is an... Posted on November 18, 2009 at 01:07 am

Rank This Week: 520

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://kytortlaw.blogspot.com/index.html

Apr 22
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. Kentucky Tort Journal was my first attempt at blogging. Starting in 2004, my goal was [...] Posted on April 22, 2009 at 06:16 pm by eabrutscher@kytortjournal.com (Edward A. Brutscher)
Sep 11
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. The case of Rudolph v. Shelter Insurance Companies, the Court of Appeals dealt with the issue of a misrepresentation in a fire policy and whether summary judgment was proper for Shelter. Rudolph applied for fire insurance [...] Posted on September 11, 2008 at 03:11 am by eabrutscher@kytortjournal.com (Edward A. Brutscher)
Sep 10
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 link to read the entire KLR review with a link to the [...] Posted on September 10, 2008 at 10:08 pm by eabrutscher@kytortjournal.com (Edward A. Brutscher)

Rank This Week: 556

ERISA and Disability Benefits Law...

ERISA and Disability Benefits Law Blog

Covers ERISA claims, appeals, litigation, statutes, regulations and subrogation. By Branham & Day.

http://www.erisaontheweb.com/

Apr 6
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 months later, DeLisle filed for long-term disability benefits with Sun Life, the insurer of Krandall's disability plan. She submitted medical records and statements of five treating physicians. She listed April 17, 2002, as her date of disability. The Social Security... Posted on April 6, 2009 at 12:22 am
Apr 6
Citing ERISA Preemption, Sixth Circuit Dismisses State-Law Claims

The plaintiff, Simcha-Yitzchak Lerner, participated in the long-term disability plan of his employer, SDRC. After EDS acquired SDRC, Lerner continued to participate in the EDS disability plan. Continental Casualty Co. insured the EDS plan. Lerner contended that EDS officials told him that its plan and the SDRC plan provided the same benefits. After having stroke-like episodes and chronic headaches, Lerner applied for disability benefits under the EDS plan. After failing to receive them, he... Posted on April 6, 2009 at 12:06 am
Jul 10
Ninth Circuit Shoots Down Claim for Copying Charges

Mitchell Sgro applied for disability benefits from MetLife, which decided benefit claims for his employer's ERISA plan. Sgro asserted that MetLife refused to evaluate&#xc2&#xad his claim because he did not send copies of medical records. Sgro eventually paid $412 for the copies. MetLife denied his claim after receiving them. Sgro sued his employer and MetLife in a California federal court, asserting a variety of state-law and federal causes of action. He sought unpaid disability benefits, reimbursement... Posted on July 10, 2008 at 06:46 pm

Rank This Week: 574

Boston ERISA & Insurance...

Boston ERISA & Insurance Litigation Blog

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

http://www.bostonerisalaw.com/

Nov 20
Two Farmers Walk Into a Trial . . . .

Well, just finished a trial, which has kept me from posting for a week or two, and I don't have anything substantive to say about the topics of this blog today. I thought, though, that I would share a humorous anecdote told by a witness at my trial, who used it to illustrate a defendant's habit of raising serial defenses, one after the other, and each less plausible than the one before: Two farmers live next door to one another. One farmer has a cabbage, the other farmer has a goat. They wake... Posted on November 20, 2009 at 10:33 am by Stephen D. Rosenberg
Nov 5
The Case of the Billion Dollar Typo

Well, I'm getting ready for a trial, so I certainly don't have time to read a 105 page ruling on reformation of ERISA governed benefit plans, and I suspect you don't either. Fortunately for both of us, here's a great one page article on a new major decision finding that a scrivener's error - one worth $1.6 billion to the plan participants - can be reformed out of a plan, years after the plan was written and put into effect. Only question I have, is if the lawyers can't always get it right when... Posted on November 5, 2009 at 07:49 am by Stephen D. Rosenberg
Nov 2
Hecker, Fees and A Broad Public Market

To me, intellectually, all roads lead to Hecker right now, as the sort of touchstone around which all thinking about fiduciary obligations and the amounts of fees charged in 401(k) plans must revolve. Hecker, of course, found not only that a broad range of offering meant that marketplace discipline guaranteed appropriate fees, but also that this could be determined at the motion to dismiss stage. This whole question of whether a broad marketplace for mutual fund offerings can be counted on to... Posted on November 2, 2009 at 09:20 am by Stephen D. Rosenberg

Rank This Week: 585

Washington State Insurance Law...

Washington State Insurance Law Blog

Features summaries of recent appellate court opinions on issues of law important to the Washington insurance industry. By Jason W. Anderson.

http://www.washingtoninsurancelaw.com/

Sep 29
Court’s Rejection of “Collusive” Stipulated Judgment Is Affirmed

Water's Edge Homeowners Association v. Water's Edge Associates (Wash. Ct. App. Div. II, September 29, 2009). Division Two of the Washington Court of Appeals affirmed a trial court's ruling that a stipulated judgment amount was unreasonable, based in part on evidence of collusion. Water's Edge Associates owned an apartment complex, and Key Property Services (KPS) was its property manager. Before converting the units to condominiums, Associates and KPS repaired some of the siding, roofs, and... Posted on September 29, 2009 at 02:32 pm
Jun 22
Washington Supreme Court Finds No Duty to Defend under Title Insurance Policy

Campbell v. Ticor Title Insurance Co. (Wash. S. Ct. 2009). In a unanimous decision, the Washington Supreme Court upheld the denial of a defense under a title insurance policy. The underlying lawsuit arose from a dispute over a pedestrian easement recorded as part of a three-parcel subdivision. Lots A and B were lakefront lots with existing houses, while Lot C was an upland lot. The purpose of the easement was to provide access from Lot C to the lake. It was to burden Lot B and run adjacent to... Posted on June 22, 2009 at 02:43 pm
May 11
Refusal to Award Damages for Bad Faith and Consumer Protection Act Violations Upheld on Appeal

Ledcor Industries v. Mutual of Enumclaw Insurance Co. (Wash. Ct. App. Div. 1, May 4, 2009) Where an insurer failed to investigate a claim, waited 14 months to respond to a tender of defense, and failed to contribute to defense costs, the trial court concluded that the insurer acted in bad faith and violated the Consumer Protection Act, but awarded as damages only the insurer's share of defenses costs, plus interest. The court of appeals affirmed. Ledcor Industries, general contractor for a... Posted on May 11, 2009 at 03:19 pm

Rank This Week: 631

Life Insurance Law Blog

Covers life insurance compliance, annuity compliance and insurance regulation. By the Currin Law Office.

http://www.lifeinsurancelawblog.com/

Nov 20
NY Ins. Dep't Cites 2 Life Ins. Complaints in 11/20 Press Release

Historically, life insurance has resulted in few complaints to Insurance Departments when compared to property/casualty or health insurance. However a [press release] issued today by the New York State Insurance Department discusses three complaints, two of which are life insurance complaints. The press release touts $8.12 million in funds returned to consumers in the third quarter 2009 as a result of NYSID intervention. The two life insurance complaints together amounted to less than $60,000.... Posted on November 20, 2009 at 12:47 pm
Nov 17
UPDATE: PIMCO is NAIC's Choice

The NAIC announced late today that PIMCO has been selected as the third party financial modeler to assist state regulators in their determination of the risk based capital (RBC) requirements for residential mortgage-backed securities (RMBS). Normal 0 false false false MicrosoftInternetExplorer4 In today's press release, Roger Sevigny, NAIC President stated: "Creating this new assessment process is an important step toward providing more transparency about these complex securities. This unique... Posted on November 17, 2009 at 03:26 pm
Nov 13
Tele-Applications and Underwriting for Smoking

Currin Compliance has seen an increase lately in the number of telephone applications crossing our desks for review. A recent article in the National Underwriter (Nov. 2, 2009) may offer one reason why: Hank George offers a nicely written piece titled ["Cigarette Smoking: Time to Upgrade the Underwriting."] He suggests that in telephone interviews, applicants are more likely to be forthcoming in answering smoking-related questions than in the traditional application-taking process. George goes... Posted on November 13, 2009 at 05:00 am

Rank This Week: 708

Insurance Coverage Lawyer Blog

Covers insurance issues arising from current events. By Rivkin Radler.

http://www.insurancecoveragelawyerblog.com/

Apr 2
Texas Supreme Court Rules on Late Notice in Claims Made Policy

If you're interested in claims made policies and notice, see yesterday's decision from the Texas Supreme Court, Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance Co., NO. 06-0598 (Apr. 1, 2009). The court held that: "In a claims-made policy, when an insured notifies its insurer of a claim within the policy term or other reporting period that the policy specifies, the insured's failure to provide notice 'as soon as practicable' will not defeat coverage in the absence of... Posted on April 2, 2009 at 04:16 pm
Mar 7
Late Notice Lives in New York

Sorry I haven't written much lately. Note that a recent case shows that late notice lives on as a viable defense in New York. Wells Fargo Bank, N.A. v. Zurich American Insurance Co., 2009 NY Slip Op 1396; 2009 N.Y. App. Div. LEXIS 1390 (App. Div. First Dep't Feb. 26, 2009). Posted on March 7, 2009 at 02:31 pm
Feb 3
Ontario Bar Association

I spoke at the Ontario Bar Association's annual meeting yesterday. It's interesting to hear the Canadian point of view concerning insurance coverage. Posted on February 3, 2009 at 09:09 am

Rank This Week: 773

Insurance Defense Blog

Focuses on civil litigation defense. By Dave Stratton.

http://www.insurancedefenseblog.net/insurancedefenseblog/

Sep 5
On personnel evaluations

A fitness report doesn't need to be flowery or verbose to be effective, as this one by George S. Patton shows: Download Omar Bradley fitrep Posted on September 5, 2009 at 06:08 pm by David Stratton
Aug 25
Reviewing your law firm network security - a framework

I was asked by our managing partner to outline possible steps to enhance our network security, and I thought I would share them more widely. I. At the individual work station level 1. Use stronger passwords for system login, and change them quarterly. 2. Encrypt client files on laptops with Truecrypt, which is free, opensource and highly recommmended. www.truecrpt.org It would be possible to encrypt only the folder(s) that contain confidential materials. This would be protection not only... Posted on August 25, 2009 at 03:45 pm by David Stratton
Apr 21
Failure to order complete trial transcript results in dismissal of Virginia appeal of $8.3 million verdict

A simple clerical error -- failing to order the complete trial transcript -- resulted in the dismissal of the Virginia appeal of a $8.3 million verdict and also spawned two other lawsuits. These events and their consequences are worth reviewing, as many lawyers will have to admit "there but for the grace of God . . . ." A 17 year old girl sustained severe injuries, including brain injuries, when skiing in Virginia. Essentially she collided with a snow grading machine that was being driven up... Posted on April 21, 2009 at 09:52 am by David Stratton

Rank This Week: 856

Declarations and Exclusions

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

http://declarationsandexclusions.typepad.com/weblog/

Aug 24
The Soft Parade of Dubious Risk Management Techniques

If you were looking for a counter-example to the proposition that "Republican elected officials can be counted upon, at all times, to side with Large Corporate Interests," you need look no further than the relationship between Florida's Republican Governor Charlie Crist and the property-casualty insurance industry. In a nutshell, in the name of a populist "I'm protecting the little guy" strategy, Crist throughout his administration has fought even the simplest and most uncontroversial proposals... Posted on August 24, 2009 at 08:39 pm by George Wallace
Aug 1
Priceless, But Not Compensable in California:No Emotional Distress or Loss of Companionship Damages for the Death of a Pet

In late 2004, I wrote about the Bluestone case, in which a jury in Orange County, California, awarded a dog owner damages for his distress and loss of companionship in his suit against the veterinarians whose negligence was found to have caused the dog's death: Although a minority of states -- Hawaii and Florida among them -- have permitted an animal owner to recover damages for the owner's distress when the animal is injured through negligence, the majority of states that have considered the... Posted on August 1, 2009 at 10:57 am by George Wallace
Apr 7
Crusading Knight vs. Crusading Lawyer

Los Angeles Times art critic Christopher Knight has a bone to pick with New York arts lawyer (and proprietor of The Art Law Blog) Donn Zaretsky. In a post to the LAT's Culture Monster blog, "How not to deregulate art museums," Knight writes: I once asked a donor of major art to an important museum what would happen if that institution proceeded with a tentative plan to sell one of the donor's art gifts to raise money to cover the museum's mounting bills. That option has long been an art museum... Posted on April 7, 2009 at 01:30 pm by George Wallace

Rank This Week: 926

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/

Nov 17
Defined Benefit Plan Sponsors: Don't Forget to Post Your 5500

The Pension Protection Act ("PPA") created a number of notice and reporting requirements, and plan sponsors are starting to send out various notices to participants. The Department of Labor ("DOL") is starting the process of issuing guidance and coming into its own compliance obligations. But I think there is one provision that might have been overlooked because of the timing of the requirement. The PPA requires that defined benefit plans must disclose actuarial information related to the... Posted on November 17, 2009 at 01:24 pm
Nov 10
Changing Your Benefit Plans: Reservations Required

Whenever I consider trying a new restaurant, I check to see about reservations. Some places list them as "preferred," "required," "suggested" or "not taken." Even establishments that require reservations may not really require them, but the thought of having to plan in advance sort of kills the adventure of changing plans. Well, when it comes to administration of benefit plans, reservations are not only a good thing, they are absolutely required. In this case, I am referring to reservation... Posted on November 10, 2009 at 10:47 am
Nov 3
IRS Guidance on Required Minimum Distributions for 2009

In late 2008, Congress passed the Worker, Retiree and Employer Recovery Act ("WRERA"). It included a waiver of required minimum distributions (RMDs) for retirement plans for calendar year 2009. In some situations, RMDs were made anyway, either because plan administrator were not prepared to make changes or they were concerned about sticking closely to plan language. Fortunately, the IRS has issued come guidance on how to handle the situation. Notice 2009-82 provides relief for people who have... Posted on November 3, 2009 at 02:01 pm

Rank This Week: 1004

It's No-Fault of NY

Covers New York no-fault insurance law news, analysis and commentary. By Damin J. Toell and Erik B. Lutwin.

http://nynofaultlaw.blogspot.com/index.html

Jul 30
Coverage Counsel

I'm not sure how it's possible, but apparently I never, before now, had a link in my blogroll to Roy A. Mura, Esq.'s wonderful blog Coverage Counsel. Mr. Mura's posts deal with no-fault issues, as well as a much wider range of insurance law matters. Posted on July 30, 2009 at 09:42 am by Damin J. Toell, Esq.
Jul 23
Provider EUOs

David M. Gottlieb, Esq. has previously covered this issue at No-Fault Paradise, but it seems to me that it's worth some additional attention. On June 24, 2009, the NYS Insurance Department issued an opinion letter entitled "Examinations Under Oath of Assignees". The short question/answer summary is as follows: "Question: May an insurer, when requesting verification in the form of an examination under oath of an assignee of no-fault personal injury protection ("PIP") benefits, require a... Posted on July 23, 2009 at 07:43 am by Damin J. Toell, Esq.
Jul 21
An Addition to the Blogroll

I've been meaning to add it in for a while, but now that I finally got around to updating the layout of the blog (which shouldn't look much different to the reader, hopefully), I've added a link to No Fault Law - A Defense Attorney's Perspective. It's worth taking a look at. Posted on July 21, 2009 at 09:19 am by Damin J. Toell, Esq.

Rank This Week: 1080

MRB Insurance Law Blog

Covers insurance law developments in Canada. By MacMillan Rooke Boeckle LLP.

http://macmillanrooke.com/blog

Jun 17
Alberta Injury Cap Constitutional

In Morrow v. Zhang, 2009 ABCA 215, the Alberta Court of Appeal recently released its decision on the constitutionality of the Province's monetary cap on non-pecuniary damages. Under the cap, car accident victims could only receive a maximum of $4,000 for pain and suffering. The trial judge ruled that the cap unjustifiably violated s. 15 of the Charter. In an unanimous decision, the Alberta Court of Appeal held that the cap did not violate s. 15 of the Charter, and upheld the trial judge's... Posted on June 17, 2009 at 07:38 pm by Raj Datt
Apr 26
Drive-By Shooting Not Covered Under OPCF 44R

Russo v. John Doe is a very recent decision from the Ontario Court of Appeal dealing with the recurring issue of coverage under the OPCF 44R for the negligence of an uninsured or inadequately insured motorist. The appellant was a tragic victim of a drive-by shooting. She brought an action against her insurer, the respondent, seeking compensation for her injuries. The insurer denied coverage, and argued that the accident did not arise as a result of the ownership, use, or operation of a car, but... Posted on April 26, 2009 at 11:08 am by Raj Datt
Mar 29
Under principles of subrogation, insurer’s rights do not exceed those of the insured

In GE Canada Equipment Financing G.P. v. ING Insurance Co. of Canada, [2009] O.J. No. 748 (ONCA), GE appealed from the dismissal of its application for a declaration that its security interests had priority over those of ING, the insurer, in respect of two highway tractor trucks , and a declaration that it was entitled to the return of the vehicles or the proceeds of sale thereof. GE financed the two vehicles for a leasing and rental company (Brampton), and it registered its security interests... Posted on March 29, 2009 at 02:05 pm by Raj Datt

Rank This Week: 1095

San Antonio Injury Law Blog

Covers accident and injury law topics, including dangerous products, trucking accidents, insurance, drunk driving, and work place accidents. By Christopher J. McKinney of the McKinney Law Firm.

http://www.sanantonioinjurylawblog.com/

Feb 4
Why You Can't Blindly Trust CarFax

Used car sales are naturally increasing as the economy's problems worsen. And when you shop for a used car, naturally one of your most pressing concerns will be learning about its prior ownership and accident history. You need to make sure it's safe. Often used car dealers will address your concerns by offering a free vehicle history report. You can also go online to do your own research. One of the most popular vehicle history reporting services is CarFax. CarFax touts itself as having "the... Posted on February 4, 2009 at 07:05 am
Dec 16
Nursing Homes Notified of Initial 'Five-Star' Ratings

This week the Centers for Medicare & Medicaid Services began issuing its initial ratings in the federal regulators' new "five-star" system. Nursing home operators should receive advance notice of their first ratings by Wednesday. Beginning on December 18th, the public will be able to access individual nursing home's ratings on the CMS website 'Nursing Home Compare.' The agency will also be issuing a manual to explain the complex formulas that a panel of "leading academic researchers"... Posted on December 16, 2008 at 12:25 pm
Dec 10
The Truth About Tort Reform and Personal Injury Cases

Take a few minutes to look at this personal injury video and then ask yourself why has the insurance industry been lying about supposed runaway verdicts, the real causes of insurance rate hikes and so-called "tort reform." Posted on December 10, 2008 at 03:20 pm

Rank This Week: 1124

Corporate Policy Holders Rights

Covers insurance topics impacting corporate policyholders. By Hughes Luce LLP.

http://www.corporatepolicyholdersrights.com/

Nov 6
Statutory Penalties Apply to Duty to Defend

Lamar Homes, Inc v. Mid-Continent Casualty Company was decided by the Texas Supreme Court via certified question on August 31, 2007, and has several different facets. The three issues presented to the Texas Supreme Court were: (1) When a homebuyer sues his general contractor for construction defects and alleges only damage to or loss of use of the home itself, do such allegations allege an "accident" or "occurrence" sufficient to trigger the duty to defend or indemnify under a CGL policy; (2)... Posted on November 6, 2007 at 10:34 am
Oct 29
Beware of What is Incorporated in the Application

One of the primary reasons companies purchase D&O policies is to cover securities class action claims. Unless the company is careful at the time its policy is issued each year, however, it may find that coverage is not there when facing a claim. Insurers increasingly are including provisions in their policies stating that a company's publicly filed documents are incorporated into the application, and were relied upon by the Insurer in issuing the policy. Some go so far as to say that... Posted on October 29, 2007 at 01:28 pm
Oct 25
Future Trouble for California

Any time there is a large scale natural disaster, concerns about the insurance coverage for the event are not too far behind. Unfortunately, the California Wildfires are no different. People are already beginning to speculate what path the insurance companies will take and how it will affect policyholders. As one person aptly phrased it "That's the real concern for me at least," said Heller. "Will they actually fulfill their advertisements?" For the full news article on this topic, click here. Posted on October 25, 2007 at 03:08 pm

Rank This Week: 1164

IDR Mediation Blog

Focuses on dispute resolution in insurance coverage disputes.

http://coveragemediation.blogspot.com/index.html

Apr 2
Legal Construction of Certificates of Insurance

In virtually every construction setting, in most projects involving municipalities or other governmental agencies, and in a broad spectrum of commercial settings, certificates of insurance are issued by insurance agencies as confirmation and proof of insurance. Although these certificates are frequently tucked into a risk manager's file and not reviewed in detail, they are often the key document that a property owner, general entity, or governmental unit relies upon to demonstrate that... Posted on April 2, 2007 at 07:08 am by Blog Editors
Mar 30
Current Trends in D&O Insurance

In this post-Enron era, corporate officers and directors, are increasingly being named as defendants in major litigation. The media has also placed a spotlight on borderline practices that may previously have gone unnoticed. For example, a Wall Street Journal article looking at questionable practices concerning stock options, including back-dating of options, helped precipitate a wave of litigation. Litigation over corporate practices, including class action litigation, can be extremely... Posted on March 30, 2007 at 08:08 am by Blog Editors
Feb 3
The Office: A Mediator's Tool Chest

Posted on February 3, 2007 at 06:15 am by Blog Editors

Rank This Week: 1191

InsureBlog

Covers insurance news.

http://insureblog.blogspot.com/index.html

Nov 21
The Individual Mandate is Evil [UPDATED]

The other day, I had breakfast with an old friend and mentor. In the course of discussing ObamaCare, he asked me which part I considered the most egregious. I think I surprised him when I said it wasn't coverage for abortions or illegal aliens, or even the so-called "Public Option" which most offended me. It's the individual mandate. Now, one might think that, because I sell insurance for a living, I'd be all for a law that required folks to buy what I sell. But I'm an American first, and I... Posted on November 21, 2009 at 04:29 pm
Nov 20
Just What the Doctor Ordered...

Via RedState: Posted on November 20, 2009 at 07:02 pm
Nov 20
Indian Insurance

The more time the House and Senate bills spend in the light of day, the more insidious they become. Pages 264 - 265 tell us that Indians whose income is below 300% of the FPL will receive free health care. My wife has some Cherokee in her ancestry if you go back far enough. Suppose she can qualify? Page 443 of the bill substitutes "legal residents" with the language "those lawfully residing in the United States." What is that all about? Page 369 of the bill protects workers from retribution if... Posted on November 20, 2009 at 10:21 am

Rank This Week: 1209

Insurance Scrawl

Provides commentary on the insurance law, business insurance and the insurance business. By Marc Mayerson.

http://www.insurancescrawl.com/

Feb 18
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 (and here), and a new important decision on the insurability of punitive damages. One of the great myths in the insurance industry is that punitive damages are not insurable. This is false, particularly considering that the majority of US jurisdictions allow... Posted on February 18, 2008 at 12:59 pm
Feb 18
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 (and here), and a new important decision on the insurability of punitive damages. One of the great myths in the insurance industry is that punitive damages are not insurable. This is false, particularly considering that the majority of US jurisdictions allow... Posted on February 18, 2008 at 12:59 pm
Feb 2
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 right to seek recoupment. The Texas Supreme Court, while unanimous in result, was badly splintered in rationale. Two years ago, the Court granted rehearing. Yesterday, the Court changed course, with a majority ruling that an insurer does not have a unilateral... Posted on February 2, 2008 at 06:03 am

Rank This Week: 1593

The D & O Diary

Covers directors and officers liability. By Kevin LaCroix.

http://dandodiary.blogspot.com/index.html

Feb 13
The D & O Diary Has Moved!

Posted on February 13, 2008 at 04:31 pm
Feb 10
About Those Subprime D & O Loss Estimates

Posted on February 10, 2008 at 05:31 pm
Feb 10
Don’t Forget About Options Backdating

Posted on February 10, 2008 at 05:24 pm

Rank This Week: 1595

Andy's Insurance Blog

Covers errors & omissions insurance, property and liability insurance, risk management and umbrella insurance. By Andy Kosick.

http://professionalliability.eagleharborinsurance.com/

May 15
Errors & omissions insurance : what and why

Who needs errors & omissions insurance?In the litigious world we live in today, many business owners protect themselves with errors and omissions insurance (E&O). This type of insurance may be appropriate for anyone who gives advice, makes educated recommendations, designs... Posted on May 15, 2004 at 09:53 pm by Andy
May 15
The DO's of smart insurance buying

To get more for your money, there are a few things to make sure you do, or don't do, when you purchase and maintain insurance for your business. Here's some guidlines for you.... Posted on May 15, 2004 at 09:30 pm by Andy
May 15
The DON'Ts of smart insurance buying

Don't underinsure to get a reduced premium. If you skimp now, you could really pay later. A lower limit means less financial protection when a loss occurs. Don't hide or misrepresent unusual risks from your agent . Sometimes a failure... Posted on May 15, 2004 at 09:29 pm by Andy

Rank This Week: 1681

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/

Nov 21
Jury Says No To Punitive Damages

The previous post to this blog talked about penalties Texas insurance companies face when they do not properly handle a claim that is presented to them by one of their insureds. Recently an insurance case was tried in Federal Court in Mississippi. The case arose out of a lose suffered by Reginald Bossier for damages resulting from Hurricane Katrina. In the case, the jury declined to award any amount of monies for punitive damages. The insurance company being sued was State Farm. Notice also,... Posted on November 21, 2009 at 08:08 am by Mark S. Humphreys
Nov 18
Penalties For Insurance Companies In Texas

Let's say your house in Dallas burns down and the insurance company wrongfully denies your claim. Or your boat in Weatherford sinks in the lake and your insurance company tries to tell you they are not going to pay because of a late payment on your insurance policy. How about you are driving your car in Fort Worth and are involved in a wreck and your insurance company denies coverage due to the car not being properly listed on the policy. Another example, your neighbors wife, in Grand Prairie,... Posted on November 18, 2009 at 06:28 am by Mark S. Humphreys
Nov 17
Good Health Requirement For Life Insurance Policy

A person who buys a life insurance policy in Dallas, Texas, or in Arlington, Grand Prairie, Fort Worth or out in Weatherford in Parker County should have the same concern as everyone else when they purchase the policy. Is this policy going to pay benefits to the benficiary named in the policy? After all, that is the only reason it is being purchased. A Federal Court case decided in 2007, gives good reason for looking over the policy and reading it well before purchasing it. The case, Assurity... Posted on November 17, 2009 at 08:07 am by Mark S. Humphreys

Rank This Week: 1797

Texas Injury Law Blog

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

http://www.txinjuryblog.com/

Nov 21
One dead, two injured in single-vehicle accident

In the early hours of Friday morning, a 1997 Jeep Cherokee rolled down an embankment near Grapevine Mills shopping mall, killing one and injuring two others. The Jeep was headed west on LBJ freeway when the driver exited onto southbound Highway 121. Police say it appears that the vehicle failed to make a curve, causing it to roll down the hill and stop in some nearby trees. The driver, a woman was ejected from the vehicle and pronounced dead at the scene. One of the two male passengers was... Posted on November 21, 2009 at 06:36 am
Nov 21
Head-on collision kills three, injures three

Three people are dead and another three are injured after a head-on collision Friday morning that took place south of Lavon Lake, Texas. The accident occurred at around 10:00 a.m. on Highway 205, about a mile outside of Wylie. Among those injured was a four-year-old girl who lost her mom and grandparents in the accident. It appears that the white Hyundai SUV was traveling north when it likely hydroplaned, crossing the center line and hitting a Honda Passport minivan head-on. It was raining at... Posted on November 21, 2009 at 06:34 am
Nov 19
What is the Texas Tort Claims Act?

The Texas Tort Claims Act is the set of laws that determine when a governmental entity may be held legally liable for tortious conduct under state law. Before the Texas Tort Claims Act was adopted by the legislature, an individual could not recover damages from a state or local governmental unit for injured they suffered as a result of the actions of a government employee in an employee's performance of a governmental function. This concept is known as sovereign immunity, and it exists to... Posted on November 19, 2009 at 08:00 am

Rank This Week: 1810

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/

Nov 20
Insurer Ordered to Disclose Documents in Legionnaires’ Outbreak Case

Pentair Water Treatment (OH) Co. v. Continental Ins. Co. (S.D.N.Y. Nov. 16, 2009) The District Court for the Southern District of New York ordered Continental Insurance Company to disclose various underwriting documents and produce underwriting witnesses in a dispute over insurance coverage for a cruise ship outbreak of Legionnaires' Disease. In 1994, passengers on the cruise ship Horizon became ill after an outbreak of Legionnaire's Disease. The outbreak was traced to the whirlpool spa on the... Posted on November 20, 2009 at 01:43 pm by Goldberg Segalla LLP
Nov 18
Fifth Circuit Held That The McCarran-Ferguson Act Does Not Authorize State Law to Reverse-Preempt International Treaties

Safety National Casualty Corporation v. Certain Underwriters at Lloyd's London (5th Cir. (La.) November 9, 2009) The Fifth Circuit has held that the McCarran-Ferguson Act does not authorize state law to reverse-preempt international treaties, i.e. the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The McCarran-Ferguson act allows Congress to pass laws which will regulate the "business of insurance." It also provides that federal acts that do not expressly purport to... Posted on November 18, 2009 at 09:01 pm by Goldberg Segalla LLP
Nov 18
Insurer Moves for Summary Judgment in a D&O Declaratory Judgment Action on the Basis of Lack of Notice and that the Claim was Not Made During the Policy Period

Cox Communications, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA (N.D. Georgia, November 12, 2009) Insurer moves for summary judgment of declaratory judgment action seeking damages under a claims made Directors, Officers and Corporate Liability policy. Plaintiff's damages include reimbursement of certain costs associated with an $80 million settlement of an underlying action, with approximately an additional $8 million in legal fees and expenses. The insurer's motion seeks relief on... Posted on November 18, 2009 at 05:40 am by Goldberg Segalla LLP

Rank This Week: 1894

Msquire's Musings

Covers the analysis and management of legal risks for entrepreneurs, small businesses, community associations (homeowners associations) and other non-profit organizations. By Linda E. Cummings.

http://msquire.wordpress.com

Nov 19
Solar Energy for Community Associations – Contract Formation and Risk Management

It is important for any community association considering pursuing a solar lease or power purchase agreement (PPA) to budget for the cost of two important preliminary matters, a feasibility analysis and legal costs. Skimping on either could ensure the ultimate failure of your efforts, costing the association considerably more money in the long run. With respect [...] Posted on November 19, 2009 at 07:00 am by Linda E. Cummings
Nov 17
Solar Energy for Community Associations – Funding

If you have volunteered for (or been assigned) the task of arranging for the installation of a solar alternative/renewable energy system for a California community association, you are a trailblazer. That is because, with the exception of new construction and MASH (Multifamily Affordable Solar Housing) Program projects, I am not aware of any community association [...] Posted on November 17, 2009 at 07:00 am by Linda E. Cummings
Nov 14
Solar Energy for Community Associations – An Introduction

I have been representing California community associations (homeowners associations for folks in other states) for almost twenty years now. During most of that time, if I was contacted by an association's board of directors about solar panels, it was generally to answer one question first and foremost: "Can we stop them?" Historically, community association architectural review committees [...] Posted on November 14, 2009 at 08:00 am by Linda E. Cummings

Rank This Week: 2177

Disability Insurance Lawyer Blog

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

http://www.disabilityinsurancelawyerblog.com/

Nov 18
The New Insurance Paradigm - Blame the Insured

As experienced disability attorneys, we at Frankel & Newfield have seen the worst from third party administrators, claim adjusters, doctors for hire and investigators. But a recent article in a leading insurance industry publication featured a subtitle that even we found infuriating. "As bankruptcies soar, some claimants eye insurers for their personal bailouts." No individual we know would choose to suffer from a chronic illness or injury that prevents them from leading a fulfilling life,... Posted on November 18, 2009 at 09:45 am by Frankel & Newfield
Nov 13
Good Morning America Continues to Report on Outrageous Acts of Disability Insurance Companies

Frankel & Newfield applauds Good Morning America as one of the few news outlets reporting on the outrageous actions of disability insurance companies. Earlier this year, GMA reported on a Florida man with Multiple Sclerosis who was told he wasn't sick enough to collect disability benefits. The same team has revealed a case where The Hartford is trying to cut off payments to a man whose broken neck makes it impossible for him to work. Three doctors and the Social Security Administration have... Posted on November 13, 2009 at 08:34 am by Frankel & Newfield
Nov 10
Disability Insurance Forums - A Helpful Source

A helpful forum where policyholders and disability insurance sources meet online is www.disabilityinsuranceforums.com. We are not affiliated with the forum, but we do occasionally participate in the discussions. One common thread that we see is surprise at the callous attitude and uncaring responses of disability insurance companies and their representatives. We have been fighting insurance companies for so long that we don't expect the insurance companies to be kind or respectful to... Posted on November 10, 2009 at 01:11 pm by Frankel & Newfield

Rank This Week: 2275

Insurance Dispute Lawyer Blog

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

http://www.insurancedisputelawyerblog.com/

Nov 17
Next few months crucial in Chinese drywall matters

The Bradenton Herald had an interesting piece that really clarifies how big the next few months are for those involved in Chinese drywall. Whether it's the escalation of pre-trial matters in the federal litigation involving the toxic wallboard or foreign diplomacy, things are shaping up quickly. The Herald reports Within the next few weeks, officials expect to determine how much of a fire hazard, if any, the contaminated product poses. They'll also have a better idea of how much the drywall... Posted on November 17, 2009 at 10:33 am by The Berniard Law Firm
Nov 16
Caution advised with 'cheap' home testing for Chinese drywall

With the disaster that Chinese drywall has become in the Gulf Coast and in other places across the country, homeowners are scrambling to find out if they have been afflicted with the toxic wallboard. With such urgency and panic, many have pursued cheaper manners of testing to avoid being buried underneath further bills. While remedies have been advertised that have since been found to be questionable solutions at best, the industry keeps churning out alternatives to true home detection services... Posted on November 16, 2009 at 08:36 am by The Berniard Law Firm
Nov 13
Legislator calls for Chinese drywall meeting regarding insurers

Hoping to increase the awareness of officials as well as the public in regards to Chinese drywall, Louisiana State Senator Julie Quinn is hosting a panel meeting to discuss the issue of Chinese drywall in Louisiana. The effort, which will be intended by Quinn as well as Insurance Commissioner Jim Donelon and representatives of various insurance companies, is being held to allow citizens to explain their plights to those involved in the decision making process. Details are as follows LOUISIANA... Posted on November 13, 2009 at 07:04 am by The Berniard Law Firm

Rank This Week: 2360

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/

Nov 17
Senate Bill Would Strengthen Anti-Fraud Efforts

While all eyes are on the health care reform debate, a new Senate bill would give the government improved tools for investigating and prosecuting fraud and abuse in both federal and private health insurance programs. One of the most significant proposed changes would authorize a qui tam whistleblower action under the False Claims Act based solely on allegations of a violation of the Anti-Kickback law. Senator Ted Kaufman (D-DE) introduced the Health Care Fraud Enforcement Act of 2009,... Posted on November 17, 2009 at 05:44 am
Nov 16
Texas Hospital System Settles Sham Lease/Directorship Claims for $27.5 Million

A cautionary tale for physicians who lease space or provide medical director services to hospitals. These common arrangements are coming under increasing scrutiny, and must be commercially reasonable to withstand challenge. McAllen Hospitals L.P., d/b/a/ South Texas Health System entered into a settlement agreement with the Department of Justice on October 30, 2009 to pay $27.5 million to resolve allegations of violations of the Stark and Anti-Kickback law arising from lease and medical... Posted on November 16, 2009 at 07:30 am
Nov 3
Red Flag Rule Enforcement Date Extended to June 2010

According to a Federal Trade Commission (FTC) press release, the FTC is once again delaying the "Red Flag Rule" identity theft enforcement date. In its current form, the Red Flag Rule could apply to many physician practices. The new enforcement date is June 1, 2010. For more information on the Rule, click here. Posted on November 3, 2009 at 07:29 am

Rank This Week: 2397

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/

Nov 16
TWO GEORGIA TRIAL COURTS LIMIT THE SCOPE OF O.C.G.A § 51-12-33, THE STATUTE PERMITTING APPORTIONMENT OF FAULT AMONG PARTIES AND NON-PARTIES

Posted by H. Lee Pruett Since our January 26, 2009 post discussing a case this firm is defending in the State Court of DeKalb County and Judge Janis Gordon's Order which denied the Plaintiff's Motion to Strike Defendant's Notice of Fault of Non-Party pursuant to O.C.G.A. &#xc2&#xa7 51-12-33, at least two other Georgia trial courts have issued rulings somewhat at odds with Judge Gordon's Order. To date, no appellate court has rendered a decision on any of the numerous issues being raised concerning the... Posted on November 16, 2009 at 02:42 pm
Nov 10
RECORD LOW TRAFFIC FATALITIES REPORTED FOR FIRST HALF OF 2009

Posted by Jonathan A. Barash Traffic fatalities reached a record low in the first half of 2009, the National Highway Traffic Safety Administration announced last month. An estimated 16,626 people died in motor vehicle accidents on U.S. roads between January - June of 2009 compared with 17,871 during the first half of 2008. This represents a 7% decline. According to the NHTSA report, traffic fatalities have been declining steadily since reaching their peak in 2005. Posted on November 10, 2009 at 06:44 am
Nov 2
A SHORT PRIMER ON ELECTRONIC DISCOVERY

Posted by Susan J. Levy "Electronic Discovery," two words that strike fear into the hearts of many lawyers. Ask most seasoned litigators to define "metadata," "native format," or "clawback agreements" and you will see the eyes of the proverbial deer in the headlights. Unfortunately, however, the time has come to hold our collective noses and jump in or we risk disaster for our clients. Posted on November 2, 2009 at 10:17 am

Rank This Week: 2422

California Personal Injury and...

California Personal Injury and Insurance Blog

Provides information and insights for consumers regarding personal injury law, insurance, and the tort system. By Jonathan G. Stein.

http://www.calpiblog.com/

Nov 16
When to file a homeowners claim

Houselogic.com has a new article on when to file a homeowners claim. Regular readers of my blog will not find anything new on this, but there is some information worth passing on: 1. Read your policy carefully, then get repair... Posted on November 16, 2009 at 08:51 am by steinlaw
Nov 3
Don't Settle Cheap This Holiday Season

As a former adjuster, I used to look forward to this time of year. Sure, the holidays are great. I got more time off and could spend time with my family. The vendors brought in tons of great treats for... Posted on November 3, 2009 at 08:45 pm by steinlaw
Oct 19
FAQ: What is a gap in treatment?

Q: I was injured in a car accident. I went to the doctor and am trying to settle my case. The adjuster says there is a gap in treatment. What is this? A: When you are involved in an auto... Posted on October 19, 2009 at 09:24 am by steinlaw

Rank This Week: 2442

Retirement Plan Blog

Information and insight for retirement plan sponsors and their advisors. Covers Employee Benefit Plans, Retirement Programs, Welfare Benefit Plans, Executive Benefits, and Employee Ownership Programs. Published by National Benefits Services, Inc.

http://www.retirementplanblog.com/

Nov 15
Dude, where's my 401(k)?

If you missed that 2000 stoner comedy Dude, Where's My Car?, you had several chances recently to catch it on cable. But if you're still not aware of this movie that was a modest box-office success but has managed to develop a cult following, let me raise your pop culture awareness. Two potheads played by Ashton Kutcher and Seann William Scott wake up from a night of partying and can't remember where they parked their car. And it occurred to me what if they woke up 40 years later and couldn't... Posted on November 15, 2009 at 04:30 pm
Nov 1
403(b) and 457 Seminar at John Marshall Law School

On October 31 and November 1, I participated in a seminar at the John Marshall Law School, "New Rules for Non-Traditional Retirement Plans", as part of the Law School's LLM Program in Employee Benefits. The seminar was led by attorney Bob Toth with whom I collaborated in our 403(b) Crunch Time Series. Bob is considered one of the leading experts on 403(b) plans, 457 plans, and the annuitization of 401(k) Plans. He is Of Counsel with Giller & Calhoun and blogs at his firm's Business of... Posted on November 1, 2009 at 01:35 pm
Oct 23
Saving for Retirement In Plain English: new video by Common Craft

Common Craft has just released their new video, Saving for Retirement In Plan English. They are superbly talented producers of videos for training and education, whose product they say is "explanation". The video can be licensed for use by any organization that has the goal of increasing awareness and adoption of a retirement savings program, e.g., 401(k) plan sponsors. Earlier this year, I blogged about Common Craft's video, Investing Money in Plain English as a way to help 401(k) participants... Posted on October 23, 2009 at 10:56 am

Rank This Week: 2470

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/

Nov 5
ALI-ABA Conference on Life Insurance Company Products

Today and tomorrow I am attending the American Law Institute/American Bar Association Conference on Life Insurance Company Products in Washington, D.C. The panel speakers are impressive; the topics are timely and relevant to my insurance practice, including secondary insurance market issues. You may follow my observations concerning the topics on Twitter at www.twitter.com/kscanlon. Posted on November 5, 2009 at 08:10 am by Katherine Scanlon
Nov 5
A Texas Judge Agrees That That State's Structured Settlement Protection Act Requires Disclosure Of Encumbered Payment Rights

Structured settlement protection acts (SSPAs) provide that transfers of structured settlement payment rights are not effective without court approval of the transfer, disclosure of specified financial terms by the purchaser of the payment rights (the "transferee" or factoring company), and compliance with other SSPA conditions. As discussed here, here, here and here, a "transfer" of structured settlement payment rights includes not only a sale or assignment but also a loan or any other type of... Posted on November 5, 2009 at 08:01 am by Peter Vodola
Nov 3
Applying The Pennsylvania Structured Settlement Protection Act To A Transfer Involving Encumbered, But Undisclosed, Payments

Like courts in Washington and Florida, a court in Pennsylvania considered a matter involving a structured settlement factoring transaction some payments would be encumbered, and where the transfer agreement's encumbrances purported to be effective without court approval. And like those other courts, the Pennsylvania court reached the conclusion that the SSPA governs the effectiveness of such a transfer. The court, in In Re Transfer Of Structured Settlement Payment Rights By Phillips, 2005 WL... Posted on November 3, 2009 at 06:44 am by Peter Vodola

Rank This Week: 2705

Oklahoma Insurance Law

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

http://www.okinsurancelawblog.com/

Nov 2
Insurance Brokers Doing Business In Oklahoma Subject Themselves To Suit

Insurance brokers from London traveling to Oklahoma and marketing for business subject themselves to the personal jurisdiction of the State of Oklahoma when negligence is alleged for their failure to fulfil obligations. In Willbros USA, Inc. v. Certain Underwriters at Lloyd''s of London, 2009 OK CIV APP 90, Mandate Issued: 10-22-2009, the Oklahoma Court of Appeals determined a London-based insurance broker had sufficient contacts with the state to be subject to the jurisdiction of the court. In... Posted on November 2, 2009 at 05:00 am
Oct 30
Legal Opinion Stating No Coverage Did Not Prevent Bad Faith Judgment

An Oklahoma insurance company's reliance upon a legal opinion that there was no payment due under the policy did not prevent a judgment for bad faith and punitive damages. In Barnes v. Oklahoma Farm Bureau Mutual Ins. Co., 2000 OK 55, 11 P.3d 162, the insurer purportedly obtained a legal opinion from an Oklahoma lawyer before refusing to pay UIM coverage. The case was submitted to the jury on the issue of bad faith as well as punitive damages and an award entered in favor of the plaintiffs.... Posted on October 30, 2009 at 06:00 am
Oct 27
Failure To Obtain A Legal Opinion Can Be Bad Faith

Bad faith can result in Oklahoma from failing to obtain a legal opinion before denying coverage. In Harrell v. Old American Ins. Co., 1991 OK CIV APP 91, 829 P.2d 75, a claims examiner failed to seek legal advice regarding a coverage question before denying payment. The Oklahoma Court of Appeals said it was reasonable to infer the lack of a legal opinion was either because the examiner knew there was coverage or she did not want confirmation the claim was not properly excluded under the terms... Posted on October 27, 2009 at 12:24 pm

Rank This Week: 2761

Vegas Personal Injury Law Blog

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

http://vegaspersonalinjurylawblog.com/blog

Oct 26
How Will the Current Economic Recession Affect Auto Insurance And Personal Injury Claims?

The automobile insurance industry in the year 2009 has been negatively affected by our sour economy. The insurance industry warns that, by the end of this year, one out of six drivers will not be covered with automobile liability insurance. As a result of current rising unemployment rates, there has been [...] Posted on October 26, 2009 at 09:02 am by Allen A Cap Esq
Aug 3
Addendum to Use of Medicare and Medicaid Liens in Personal Injury Cases

Beginning July 1, 2009, Medicare Secondary Payor requires insurers to report any settlement, judgment or award to Medicare. Failure to report any settlement, judgment or award will result in a $1,000.00 per day penalty to the insurance company. Medicare Secondary Payor can sue for double damages, plus interest. The suit can be [...] Posted on August 3, 2009 at 09:01 am by admin
Jul 6
Pain and Suffering Damages

Pain and Suffering Damages are the effects on a person's life as a result of physical and emotional injuries. They include the loss of enjoyment of life and pain and discomfort doing daily activities such as cleaning the house, going out with the family and raising children. Placing a value on pain and suffering resulting [...] Posted on July 6, 2009 at 09:00 am by Allen A Cap Esq

Rank This Week: 2836

Legal Malpractice Insurance...

Legal Malpractice Insurance Services Blog

Covers legal malpractice and other insurance issues. By Presidio Point Insurance Services Inc.

http://blog.legalmalpracticeinsuranceservices.com

Oct 21
I have never had a claim!

We believe all legal professionals should carry and maintain legal malpractice insurance for themselves and their firm. Posted on October 21, 2009 at 04:48 am by admin
Oct 14
Hulk Hogan Sues His Lawyers for Legal Malpractice

As insurance brokers specializing in providing insurance coverage for lawyers and law firms, many of whom represent victims of automobile accidents, it blows my mind how many fail to procure sufficient insurance to protect their own family in the event of a catastrophic accident. Posted on October 14, 2009 at 04:52 pm by admin
Oct 5
Is Workers’ Compensation A Better Guide For Healthcare Reform Than Medicare?

Lost in all the debate about healthcare reform and the government option is our experience with workers' compensation. Posted on October 5, 2009 at 08:00 am by admin

Rank This Week: 2876

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/

Oct 13
Discovery in Long Term Disability Cases-A breathe of life

Most Long Term Disability cases in our office are governed by ERISA as they are non-governmental employer provided benefits. The fact that they are ERISA claims is usually all bad for our clients as the law in this area has a number of inherent anti-claimant aspects. Primary among those aspects is that discovery was typically extremely limited or, more often simply not allowed. What is discovery and why is it important? Discovery is the process by which, during a lawsuit, each side gets to... Posted on October 13, 2009 at 06:42 am by Serafini, Michalowski, Derkacz
Oct 12
Court Rejects Long Term Disability Insurer (Unum's) Denial after a Decade

The federal 8th Circuit Court of Appeals rejected a Long Term Disability Insurer's (Unum Life Insurance Company) claim denial in the case of Chronister v Unum Life. Citing an important change in the law since Metlife v Glenn the Court determined that Unum's failure to comply with its own claims handling manual was an important factor leaving the "firm impression that Unum's decision to deny the claim was an abuse of discretion." Unum's claims manual unequivocally requires Unum to give... Posted on October 12, 2009 at 06:11 am by Serafini, Michalowski, Derkacz
Jul 22
Does a parent's life have value for a child? (A Thorn in the side of the Gang of Three)

Recently, the new majority of 4 Michigan Supreme Court Justices upheld a decision by the Court of Appeals in Thorn v Mercy Memorial Hospital. In Thorn, a mother of young children died as a result of a medical error. When the family sued the defendant's argued that the children could not recover any of the economic cost of paying to try and replace the services that their mother would have provided during their lifetime. The Court of Appeals rejected this argument. The Defendant's appealed this... Posted on July 22, 2009 at 06:50 am by Serafini, Michalowski, Derkacz

Rank This Week: 2933

California Insurance Law for...

California Insurance Law for Consumers

Covers insurance law and regulation for California policyholders. By Barbara Gallios.

http://www.barbaragallios.com

Oct 6
- Denial Letters Are Not The Last Word: Challenging Denial Letters

Denial letters, whether from an insurer or health plan, are often viewed by policyholders as the end of the discussion. After all, the insurer knows best what is and isn't covered by the policy, right? Not so! Some of the reasons given in an initial denial of coverage letter can be downright silly, e.g., "This wasn't poor workmanship resulting in damage to the property. It's just that the client didn't like the appearance of the remodeled kitchen." In this example, the insurer hadn't even... Posted on October 6, 2009 at 10:13 am by Barbara Gallios
Oct 6
- Hey, That’s MY File! Obtaining access to your claim file.

You've filed a claim with your insurer. They have opened a file and filled it with information regarding your claim, including things like an investigation report. The insurer's decision to pay or not pay your claim is based on what's in that file. Can you as the insured policyholder see that claim file? Of course you can, you say, because it's MY file! Well, maybe&#xe2€&#xa6 First of all, you probably won't see the file unless there is some sort of lawsuit entitling you to discovery. Insurance... Posted on October 6, 2009 at 10:08 am by Barbara Gallios
Jan 9
- California Supreme Court Holds Patients May Not Be Billed for Emergency Medical Services Balances Not Paid By HMO

In its holding in Prospect Medical Group, Inc. v. Nothridge Emergency Medical Group, issued on January 8, 2009, the California Supreme Court determined that emergency medical providers may not engage in "balance billing", requiring patients to pay the shortfall portion of their medical bill not covered under an HMO plan. The Court ruled that disputes over billing for emergency care must remain between the HMO and the emergency medical providers, and not spill over onto unsuspecting patients... Posted on January 9, 2009 at 09:47 am by Barbara Gallios

Rank This Week: 2965

Juvan's Health Law Update

Keeping you apprised of the latest health law developments. Published by Jane E. Juvan, Esq.

http://www.juvanshealthlawupdate.com/

Oct 4
A Digression for Struggling Lawyers - Embrace the Challenge, Eradicate the Negativity and Get Active, NOW!

/**/ The legal profession lost 2,000 jobs in September. The American Lawyer (Seasonally Adjusted Data) I'm extremely concerned about the employment prospects for many law students. Several Friends There's a waiting list for pro bono projects. How do I gain experience if I can't even volunteer? Anonymous My division's numbers have declined dramatically. I'm ready to fold. Anonymous I could write about the noteworthy absence of the "L" in "LBO" or my health care reform predictions, but those... Posted on October 4, 2009 at 09:07 pm
Sep 1
Twitterview with @22twts and @LanceGodard (22tweets.com)

Last week, I participated in an inteview with @22twts, a Twitter page run by @LanceGodard. The full "twitterview" (or so he calls it!) is set forth below. As you'll see, we covered a variety of areas, including recent private equity and health care trends, changes in the legal profession, and advice for unemployed attorneys and law students. Enjoy! Today we're tweeting with M&A and private equity lawyer @JayneJuvan, one of Cleveland's "Top 25 under 35" movers and shakers @JayneJuvan, thank... Posted on September 1, 2009 at 05:23 pm
Jun 30
Obama to Hold Online Town Hall on Health Care Reform

President Barack Obama will hold an online meeting to discuss health care reform tomorrow. In the video announcement, he calls reform the most important issue for the long term fiscal health of the United States. Posted on June 30, 2009 at 09:01 pm

Rank This Week: 2976

Insurance Blog

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

http://www.farellacoveragelaw.com/

Sep 29
Ninth Circuit Refuses to Overturn Award to Insured, Bad Faith Action Still Pending

The City of Long Beach got some good news earlier this month when the Ninth Circuit rejected the insurer's petition for rehearing in its insurance coverage dispute with the Insurance Co. of the State of Pennsylvania. The court's initial ruling upheld the decision of the district court to award $8 million to the city arising out of a 2004 housing discrimination lawsuit. That suit, which involved allegations that the city tried to prevent a woman and her son from building boarding homes for... Posted on September 29, 2009 at 09:14 am by Amanda Hairston
Sep 23
Narrow Victory For Insurers In 21st Century v. Superior Court: “Made-Whole” Rule Does Not Apply To Insured’s Litigation Costs

A recent California Supreme Court decision, 21st Century Insurance Co. v. Superior Court (Quintana), S154790 (Aug. 24, 2009), clarifies the rules governing an insurer's right to reimbursement for payments to its insured, after the insured obtains a recovery from the responsible third party. The Court held that while the insured has right to be "made whole" before the insurer can assert its reimbursement rights, the made whole rule only applies to the insured's non-covered damages, not his... Posted on September 23, 2009 at 09:56 am by Erica Villanueva
Sep 18
AIG Policyholders Seek Coverage for Maddoff Losses

The litigation fallout from the Bernard Madoff investment scandal recently entered the realm of insurance when two individuals brought a class action suit against American International Group Inc. ("AIG") in US District Court in the Southern District of NY, alleging the wrongful denial of coverage for losses suffered as a result of Madoff's scheme. The Plaintiffs, Robert and Harlene Horowitz, are Los Angeles residents who held investments with Bernard Madoff Investment Securities L.L.C.... Posted on September 18, 2009 at 01:55 pm by Amber Chrystal

Rank This Week: 3002

RiskProf

Discussions on Insurance, Liability Law and Economics. By Martin F. Grace and J. Tyler Leverty.

http://riskprof.typepad.com/tort/

Sep 29
American Association for Justice is a Caricature

I got a kick out of this article in the Washington Times on Sept. 28. The point of the story is that the trial lawyers' lobby might be having financial difficulty. The part I find interesting is that AAJ says they lost $670,000, but they sought $120,000,000 in the lawsuit. The article offers no explanation for the 17,900% mark up. "...AAJ lost a lawsuit against Wachovia Bank over the collapse of a 2007 loan deal to finance the association's purchase of an office building as its new Washington... Posted on September 29, 2009 at 07:15 am by Lawrence Powell
Aug 12
Isn't this a good thing?

HILO, Hawaii -- Living on the slope of one of the most active volcanos in the world can be expensive when it comes to homeowners insurance. via www.dailyherald.com. Posted on August 12, 2009 at 10:12 am by RiskProf
Aug 10
Consumer Advocates on Florida 2007 v. 2009

Does anyone see a relationship? 2007 Q: [Lakeland (Fla) Ledger Jan 14, 2007] Industry lobbyists say if Florida gets too tough with insurance companies, it will drive the insurers from the state. Can Florida afford to do that given that private insurance is already less available and more costly in many areas? A: [Robert Hunter, Consumer Federation of America] This is the same threat we heard when California was considering its tough law, Proposition 103. It did not happen, so competition... Posted on August 10, 2009 at 02:36 pm by RiskProf

Rank This Week: 3003

Tucker's Disability Benefits Blog

Covers disability law and disability benefits. By John Tucker.

http://thedisabilitylawfirm.blogspot.com/

Sep 21
Social Security's Hearing Backlog - How Long Does It Take To Get A Hearing?

The lengthy wait for Social Security Disability and SSI hearings has caused concern all over the country. The Social Security Administration is attempting to address the problem, but I do not speak to a client that does not ask how long it will take for the their case to be processed. So how long will it take to get a hearing scheduled? The answer is...it depends on where you live in the country. The Social Security Administration has posted statistics about the number of cases filed with the... Posted on September 21, 2009 at 01:04 am by John Tucker
Jul 27
Disability Attorney John Tucker Elected Secretary of AAJ Social Security Disability Section

Disability Benefits Attorney John Tucker with Tucker & Ludin, P.A. based in Clearwater, Florida was elected as Secretary of the Social Security Disability Section of the American Association of Justice (AAJ). AAJ is a national organization dedicated to protecting America's civil justice system. Mr. Tucker was also a featured lecturer at AAJ National Convention in San Francisco, California on July 25, 2009. Copyright (c) 2009 by John V. Tucker and Tucker & Ludin, P.A. All rights... Posted on July 27, 2009 at 06:16 am by John Tucker
Jul 21
Pinellas and Hillsborough Low-Cost Health Clinics To Receive Funding

As reported in the St. Petersburg Times on July 8, 2009, local health centers that provide low-cost care for patients will soon be receiving stimulus funds that will enable expansion of facilities and updates of computerized records systems. As announced by U.S. Rep. Kathy Castor, D-Tampa, construction on six exam rooms at the Johnnie Ruth Clarke Health Center will begin late summer or early fall. In addition to the new rooms, the $1.1 million for Pinellas clinics will help improve computerized... Posted on July 21, 2009 at 08:00 am by DMS

Rank This Week: 3036

Alabama Insurance and Construction...

Alabama Insurance and Construction Law Blog

Covers construction collection efforts, construction defect claims, and construction contract terms. By Greg Vaughan, Esq.

http://www.bamalawblog.com/

Sep 16
CHINESE DRYWALL IN BALDWIN COUNTY ALABAMA

We are now handling several homeowner claims in Baldwin County Alabama concerning defective Chinese Drywall. Recurring damage to Heating & Air Conditioning units is a good indicator that your home may have Chinese Drywall. The drywall "off gasses" sulfur dioxide and slowly deteriorates certain metals, including the copper found in your A/C system. Generally, the drywall was introduced into the market around 2004-2006. Therefore, if you have continuous A/C problems--and your home,... Posted on September 16, 2009 at 09:29 pm by Gregory E. Vaughan
Sep 16
KEY CONTRACT TERMS TO CONSIDER BEFORE DOING BUSINESS IN MOBILE ALABAMA

Before you lift a hammer on a project, make sure that you have a written contract (prepared by a lawyer) to protect you in the event you must institute legal proceedings to collect. Important terms are as follows: 1. Venue for disputes--This sets the location for any dispute between the parties. If you are working on a project in Mobile, Alabama--then you should have a venue paragraph that sets Mobile County, Alabama as the venue for all disputes. If you are working with an out-of-state general... Posted on September 16, 2009 at 08:59 pm by Gregory E. Vaughan
Aug 4
Legal Services to Construction Professionals

Our firm provides general legal advice concerning the following trades within the construction industry: HVAC, Security Alarms, Architects/Draftsman, Cabinets, Trim Carpentry, Framing, Concrete, Electric work, Pest Control, Flooring, Glass/Glazing, Sealants, Grading/Excavating, Insulation, Landscape, Masonry/Brick/Block, Metal Walls/Metal Roofing, Painting/Exterior Coatings, Plumbing, Roofing, Septic Systems, Sheet Metal, Sheet Rock, Suppliers, Swimming Pools, and Tile Work. Whether you need... Posted on August 4, 2009 at 09:07 pm by Gregory E. Vaughan

Rank This Week: 3048

Hearing Loss Law

Answering the special legal needs of the hard of hearing and deaf. Published by the Law Office of John F. Waldo.

http://www.hearinglosslaw.com/

Sep 2
Ferry system unveils captioning plans

At a recent Seattle meeting of interested organizations, Washington State Ferries explained how it intends to convert its public-address announcements made on its vessels and at its terminals into text form, then to display those announcements to make them accessible to patrons with hearing loss. The basic system will be modeled after the system used at San Francisco Airport, where all gate information and passenger pages are displayed in text on some 80 screens visible throughout the airport.... Posted on September 2, 2009 at 06:53 pm
Jul 28
Author series adds captions ... and raises question

After a year of correspondence with Wash-CAP, Seattle Arts and Lectures is making its popular Benaroya Hall presentations by prominent authors significantly accessible to patrons with hearing loss by captioning five of its 2009-10 events. Captioned presentations include two Pulitzer Prize winners, an award-winning screenwriter, two food-and-travel authors, and a medical journalist whose work is profoundly influencing the national debate about health-care reform. The captioned schedule is as... Posted on July 28, 2009 at 01:11 pm
Jul 9
A Third Theater Offers Captioned Performances

Seattle Repertory Theatre will make much of its 2009-10 season accessible to people with hearing loss by offering captioned performances of its four at the Bagley Wright Theatre, Rep's main stage. The productions and caption dates are: 39 Steps -- Thursday, Oct. 1 Equivocation -- Thursday, Dec. 3 Glengrarry Glen Ross -- Thursday, Feb. 11 Fences -- Thursday, April 1 Tickets will go on sale Aug. 21. Seattle Rep marketing director Katie Jackman plans to send us an email link that we can post on... Posted on July 9, 2009 at 02:34 pm

Rank This Week: 3093

Wisconsin Insurance Law Blog

Features news and notes on Wisconsin injury, insurance, & consumer protection law. By Kevin W. Davidson.

http://law-wi.blogspot.com/

Aug 17
Will 2010 Be A Good Year to Die?

While most of us would rather live to see another year, as it turns out, 2010 might be a good year to die, at least from an estate planning/taxation perspective. Because of changes in tax law with regard to estate taxation, for those who die in 2010, there is no limit to the amount passed along to heirs tax-free. The current limit for such assets is $3.5M per individual and $7M per married couple. In the estate planning field, we've been working with this shifting target for some time, as... Posted on August 17, 2009 at 05:51 am by Attorney Kevin W Davidson
Jun 16
Advanced Asset Protection - Is Exotic synonymous with dangerous?

It's been some time since I've last posted information for my readers - well, busy is good! But I know I've left this page silent for too long. I'm going to provide just a little teaser today, as time, alas, is still short. A quick few comments on advanced asset protection strategies - the offshore entity. Most think "exotic" "mysterious" "dangerous" or even "illegal" when the topic of establishing an offshore company comes up. While some of the most advantageous jurisdictions are in exotic... Posted on June 16, 2009 at 08:04 am by Attorney Kevin W Davidson
Feb 19
SBA letter FRAUD ALERT

Important Fraud Alert The U.S. Small Business Administration issued a scam alert today to small businesses, warning them not to respond to letters falsely claiming to have been sent by the SBA asking for bank account information in order to qualify them for federal tax rebates. The fraudulent letters were sent out with what appears to be an SBA letterhead to small businesses across the country, advising recipients that they may be eligible for a tax rebate under the Economic Stimulus Act.... Posted on February 19, 2009 at 04:21 am by Attorney Kevin W Davidson

Rank This Week: 3137

Alabama Insurance Defense Report

Covers insurance law for claim professionals and practitioners. By Thomas Little.

http://alabamainsurancedefensereport.wordpress.com

Jul 29
“Sealed Container” Defense does not Apply to UCC Breach of Warranty Claims

Alabama appellate courts have long held that the "sealed container" defense applies to retailers and distributors sued on products liability claims under the Alabama Extended Manufacturer's Liability Doctrine (AEMLD). Pursuant to Atkins v. American Motor Corp., 335 So.2d 134 (Ala. 1976), a retailer or distributor may avoid liability under the AEMLD if it shows: &#xe2€&#xa6that he [...] Posted on July 29, 2009 at 04:17 am by bhamdefenseatty
Jul 26
Alabama Federal District Court Holds Insurer Has No Bad Faith Liability to Third Party Beneficiary

Recently, the U.S. District Court for the Southern District of Alabama held, in a case of first impression in the state, that an insurer's liability for bad faith did not extend to a third party beneficiary to an insurance contract. In Jones v. General Ins. Co. of America, the plaintiff was a homeowner who had [...] Posted on July 26, 2009 at 05:49 am by bhamdefenseatty
Jul 17
Smith, Spires & Peddy Summer Newsletter

Our firm's Summer Newsletter is out. There's some informative stuff in there, including a great article on the new Medicare reporting requirements, one on insurer liability for hospital liens, and one on venue in Alabama, plus a breakdown on recent decisions by yours truly. Enjoy! Posted on July 17, 2009 at 12:57 pm by bhamdefenseatty

Rank This Week: 3186

Gunn Law Blog

Covers Florida Insurance and bad faith law, as well as personal injury law. By Lee Gunn.

http://gunnlawblog.typepad.com/gunn_law_blog/

Jul 21
STATE FARM DENIAL OF RATE INCREASE UPHELD ON APPEAL

The First District Court of Appeal has affirmed the agency denial of State Farm's rate increases sought late last year. The opinion will become final in 15 days, if no motion for rehearing is filed. "We are very pleased with the District Court's ruling, said Commissioner McCarty. State Farm knew, or should have known, that the filing it made was contrary to the Legislature's intent and could not be approved. State Farm's actions suggest that it intended to use the denial of the filing as a... Posted on July 21, 2009 at 01:22 pm by Lee Gunn
Jun 2
The Season Begins

We are officially in Hurricane Season 2009. It is time to get out your checklists and prepare your business and home for the event of a windstorm. Most importantly, get out your insurance policies and verify that you have the desired coverages and then put the policies in a safe place. I recommend that you scan your policies, or at least your declarations pages, and store them electronically. Send the images to a family member or a friend who can access the information for you if you are... Posted on June 2, 2009 at 06:26 am by Lee Gunn
Apr 24
Say No to Public Adjuster state study: HB 1495

Representative Janet Long of Tampa is introducing a bill seeking to have the State of Florida pay for a study of public adjuster practices. We have many demands upon our state's resources. Florida highly regulates the insurance industry, including the licensed public adjuster, as it must. There is simply no basis for thinking that the state's limited resources need to be further depleted by another agency stepping in to police public adjusters. What showing has been made that Florida's Office... Posted on April 24, 2009 at 09:55 am by Lee Gunn

Rank This Week: 3201

Scott Godes' Insurance Law Blog

Discusses insurance coverage issues.

http://law.lexisnexis.com/author-center/Scott-Godes/

Jul 17
Scott Godes On Sun-Times Media Group v. Royal & SunAlliance Insurance: Delaware Court's Ruling Requiring Advancement Of Defense Costs Under D&O Policies

In Sun-Times Media Group, Inc. v. Royal & SunAlliance Ins. Co. of Canada, the Delaware Superior Court considered insurers' usual arguments as to why they should be able to refuse to advance defense costs, as they promised to do in their policies. The Sun-Times decision considered, and rejected, arguments that the insurers did not have to advance defense costs because of personal conduct exclusions, consent to settle and cooperation clauses, and the priority-of-payments Posted on July 17, 2009 at 08:21 am
Jul 17
Insurance Coverage for Cyberattacks

If your business suffered the same sort of cyberattacks alleged to have taken place against "U.S. government Web sites - including those of the White House and the State Department -" over the July 4, 2009 holiday weekend, would your insurance cover losses that your company faced?[1] Not worried, because the alleged attacks were only against Posted on July 17, 2009 at 03:36 am
Jul 13
Insurance Coverage for Cyberattacks

If your business suffered the same sort of cyberattacks alleged to have taken place against "U.S. government Web sites - including those of the White House and the State Department -" over the July 4, 2009 holiday weekend, would your insurance cover losses that your company faced?[1] Not worried, because the alleged attacks were only against government sites? Unfortunately, the cyberattacks were more widespread, and alleged Posted on July 13, 2009 at 02:29 am

Rank This Week: 3207

Consider the Risks

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

http://www.princelobelinsuranceblog.com

Jul 2
Life After CADSI and Zurich — AG Equipment Company v AIG Life

In the 2004 CADSI case, followed by the 2005 Zurich case, two separate federal appeals courts held that where a stop loss policy incorporated a benefit Plan Document by reference, the stop loss insurer's inquiry into the propriety of the claim for purposes of determining its obligations under the stop loss coverage was limited to the question of whether the Plan Administrator had abused its discretion.[1] Plan Administrators' discretion can be extremely broad and stop loss insurers undoubtedly... Posted on July 2, 2009 at 12:34 pm by Mitchell King
Jul 1
Ingenix and Ingenix Redux

In 2007 and 2008 the New York Office of the Attorney General (OAG) investigated complaints by consumers regarding how certain health insurers set reimbursement rates for out-of-network services. The investigation focused on large databases gathered from various insurers and other entities by Ingenix, a wholly-owned subsidiary of UnitedHealth Group, to create schedules widely used by the country's largest insurers, including UnitedHealth, Aetna, CIGNA and Wellpoint, as the benchmark for... Posted on July 1, 2009 at 07:43 am by Mitchell King
May 18
The Privacy Risk Two Step: One State Step Forward, Two Federal Steps Back?

In prior posts I have discussed Massachusetts' recent privacy statute, GL 93H and associated regulations, and the likely impact of such laws on the emerging privacy insurance market. Massachusetts is not alone in legislating in this area, more than forty other states have enacted similar legislation, although there are a number of substantive variations among such statutes. On April 29, 2009 a bill was introduced into the U.S. House of Representatives, H2221, the Data Accountability and Trust... Posted on May 18, 2009 at 12:34 pm by Joseph Sano

Rank This Week: 3230

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 28
Court Approves Investigation into Hartford’s Potential Conflict of Interest

A federal magistrate in a California disability case has ruled that lawyers can seek evidence, as part of the discovery process, as to a group disability insurer's potential conflict of interest. The magistrate agreed with the view that the US Supreme Court's decision in Glenn v. Metlife last year permits inquiry into a potential history of bias and whether an insurer has taken steps to wall off claims personnel from insurer's financial personnel. Evan Schwartz and Michail Hack of Quadrino... Posted on May 28, 2009 at 07:59 am by admin
Dec 23
The Art of a Lump Sum Buyout of a Disability Claim

Many claimants have heard or read about the scenario: your disability insurer calls you on the phone, sends out a field agent, or sends a letter proposing a lump sum payment to "buy out" either the future of your disability claim, a disputed portion of unpaid past benefits, or both. In many instances a buy out can be a desirable outcome, but the claimant needs to understand the ramifications, have confidence that the proposed deal makes sense, and that it is the best deal available. Using... Posted on December 23, 2008 at 08:53 am by admin
Dec 23
$ 4.2 Million Bad Faith Award Upheld in Federal Appeals Court Against Unum Provident Corporation and Provident Life and Accident Insurance Company

A federal appeals court has upheld a bad faith verdict and substantial awards to a disabled man victimized by UnumProvident Corporation and its subsidiary Provident Accident and life. Although portions of the damages awards had been reduced by the trial judge after the trial, the substantial sums of $3 million for punitive damages and $1.2 million for emotional distress and other harm were upheld and must now be paid by Unum to Bruce Leavey , the disabled claimant. In early 2001 Leavey filed... Posted on December 23, 2008 at 08:52 am by admin

Rank This Week: 3271

Insurance Coverage Blog

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

http://www.insurancecoverageblog.com/

May 25
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. I've thought of his service often, and have read many books about war and military history to try to understand what he did, what he went through, and also who he was. As Dickens pointed out in A Tale of Two Cities, the human heart is a mystery even to those closest to us, and there are... Posted on May 25, 2009 at 09:44 am by David Rossmiller
Mar 19
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 celebrity rankings to a most unenviable category: forgotten but not gone. The inevitable next stage? Jointly occupying a corner box in the New, New Hollywood Squares, I suppose, hosted by John McEnroe or some such. Contestant: I'll take the Rigsby Sisters for the block.... Posted on March 19, 2009 at 07:05 am by David Rossmiller
Mar 16
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 been expected to post on this more than a day before the contest ends . . . oh yeah, I am. Well, in any event, here is a link to the ILC's Insurance Person of the Year voting, with four big categories: policyholder lawyers, regulators, judges and insurer-side... Posted on March 16, 2009 at 10:17 pm by David Rossmiller

Rank This Week: 3274

Central California Legal News

Covers California insurance law. By Andrew Magwood.

http://www.magwoodlaw.com/blog

Apr 14
More Fresno County Auto Accidents

I don't know what it is, but lately I have ready about a bunch of Fresno area auto accidents - some fatal. Today's Fresno Bee lists a death on I-5, another accident on the 99/41 connection near downtown Fresno, and then a fatality near Lemoore. Each of the injured people (or the families of those who died) in the wrecks likely has a lawsuit for damages. But, like so many people, it will not be a surprise if the injured people wait to see a lawyer. I have said it before, but it bears repeating:... Posted on April 14, 2009 at 04:38 pm by admin
Jan 12
Fog Accidents Kill

A recent accident in Fresno county reminded me that fog accidents are so dangerous. On January 12 a tanker truck overturned and burst into flames while a few miles away five cars piled up. The accidents stopped the traffic on the highway, but more importantly, injured people. Fog accidents kill people - innocent people. When you are driving in the valley please go slow and in fog, do not drive unless you have to. But, if you or a loved-one are injured in a fog-related accident you should look... Posted on January 12, 2009 at 09:49 pm by admin
Nov 25
New Archery Hunting Equipment Blog

There is a new archery hunting equipment blog that looks promising. My wife and I love to go archery hunting and so this is especially interesting to me. Take a look. Posted on November 25, 2008 at 11:39 pm by admin

Rank This Week: 3309

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/

Apr 8
Court Orders CIGNA to Pay Six-Figure Attorney's Fees

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 &#xe2€&#xa6 had in fact improved." Alfano sought attorney's fees from CIGNA under 29 U.S.C. &#xc2&#xa7 1132(g)(1). In its analysis, the court considered the following factors under Second Circuit jurisprudence: (1) defendant's culpability or bad faith, (2) defendant's ability to... Posted on April 8, 2009 at 03:24 pm
Apr 6
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 months later, DeLisle filed for long-term disability benefits with Sun Life, the insurer of Krandall's disability plan. She submitted medical records and statements of five treating physicians. She listed April 17, 2002, as her date of disability. The Social Security... Posted on April 6, 2009 at 12:22 am
Apr 6
Citing ERISA Preemption, Sixth Circuit Dismisses State-Law Claims

The plaintiff, Simcha-Yitzchak Lerner, participated in the long-term disability plan of his employer, SDRC. After EDS acquired SDRC, Lerner continued to participate in the EDS disability plan. Continental Casualty Co. insured the EDS plan. Lerner contended that EDS officials told him that its plan and the SDRC plan provided the same benefits. After having stroke-like episodes and chronic headaches, Lerner applied for disability benefits under the EDS plan. After failing to receive them, he... Posted on April 6, 2009 at 12:06 am

Rank This Week: 3316

Louisiana Insurance Litigation...

Louisiana Insurance Litigation Blog

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

http://www.louisianainsurancelitigation.com/

Mar 12
An Introduction to Prescription

After Hurricane Katrina thousands of people along the Gulf Coast filed claims on their insurance policies. The insurance companies responded by paying some claims in full, some claims partially, and not paying some claims. Policy holders with valid claims were forced to resort to litigation to get fairly reimbursed for their loss of property or damage to their property. Thornhill Law Firm filed many of these claims and were able to help their clients recoup some of their losses, but we were... Posted on March 12, 2009 at 02:17 pm by Thornhill Law Firm, APLC
Jan 19
Changes to Family Law in Louisiana

With the new beginning of 2009, family law in Louisiana is changing in two respects. First, a new addition to the Louisiana Civil Code protects the right of children in divorced families to see both parents, helping to fill a gap which did not require parents granted a schedule of visitation or custody to see their children. To illustrate this point, a fictional scenario follows. Mr. and Mrs. Smith are divorced with a child, Amanda. Mrs. Smith has custody, but Mr. Smith has been granted a... Posted on January 19, 2009 at 10:16 am by Thornhill Law Firm, APLC
Jan 5
Motor Vehicle Accidents

In 2007, 597 people were killed on Louisiana roadways and another 21,075 people were injured. Injury sustained in a motor vehicle accident can be expensive and time consuming to treat, not to mention requiring time off from work, resulting in lost wages and any future ramifications. Motor vehicle accidents occur when a driver fails to use care when driving, and through their negligence or recklessness, causes an accident. This can range from failing to observe their surroundings to driving... Posted on January 5, 2009 at 09:43 am by Thornhill Law Firm, APLC

Rank This Week: 3341

Florida Insurance Law Blog

Discusses insurance news, cases, class actions, and bad faith insurance claims. By Liggio Benrubi.

http://www.floridainsurancelawblog.com/

Feb 24
Insurance Company Financial Problems

I have previously posted about the ongoing and anticipated effects of the current financial crisis on the insurance industry as a whole. Now, it's getting personal. In 1984, my wife and I purchased Universal Life Insurance on both of our lives with Shenandoah Life Insurance Company. We have faithfully paid the premiums for the policies for the 25 years since that time. In fact, for a period of time we even paid more than the required minimum premium. In my calculation, we have paid at least... Posted on February 24, 2009 at 11:10 am by Jeffrey M. Liggio
Feb 9
Insurance Industry woes

Following on from an entry last week, The insurance industry continues to report that employees are being laid off, and the reviewing services seem to be constantly downgrading the financial strength ratings of the various insurers. In times like these, the atmosphere is ripe for consumers to make the wrong decision when their insurance policy is either being trmeinated by the insurance company, or they are up for renewal, and they must decide whether to renew their present coverage, or to seek... Posted on February 9, 2009 at 07:29 am by Jeffrey M. Liggio
Jan 27
State Farm withdrawing from Florida

We've been watching the homeowners insurance market in Florida for more than 20 years now. The latest news is that State Farm announced today that it will not renew any homeowners policies in Florida. The impact on Florida homeowners is significant, 703,357 homeowners' policies, written for $1,054,918,245.00, will be affected. This follows a trend that began after Hurricane Andrew, in 1992. Prior to Hurricane Andrew, there had not been a major hurricane that had hit Florida for 25 years. That... Posted on January 27, 2009 at 10:47 am by Jeffrey M. Liggio

Rank This Week: 3349

Texas Injury Lawyer

News, updates and case law on personal injury and wrongful death cases. By Vujasinovic and Beckom PLLC.

http://www.texasinjuryaccidentlawyer.com/

Dec 16
Vessel worker suffered second-degree burns over 45% of his body, obtains 6 million dollar verdict

According to news reports, a 37 year old deckhand working aboard a vessel owned by Schlumberger has obtained a 6 million dollar verdict, plus court costs, after he was burned over 45% of his body. A tank containing zinc bromide mixed with sand overheated, causing a plumbing failure. This resulted in the worker being drenched with hot zinc bromide and being severely burned. He was burned over 45% of his body, including his eyes. The worker suffers from high blood pressure, depression, and... Posted on December 16, 2008 at 07:33 am
Dec 16
Vessel worker suffered second-degree burns over 45% of his body, obtains 6 million dollar verdict

According to news reports, a 37 year old deckhand working aboard a vessel owned by Schlumberger has obtained a 6 million dollar verdict, plus court costs, after he was burned over 45% of his body. A tank containing zinc bromide mixed with sand overheated, causing a plumbing failure. This resulted in the worker being drenched with hot zinc bromide and being severely burned. He was burned over 45% of his body, including his eyes. The worker suffers from high blood pressure, depression, and... Posted on December 16, 2008 at 07:33 am
Dec 16
Helicopter crash in the Gulf of Mexico kills 3 oil rig workers

Various news sources are reporting that a helicopter crash in the Gulf of Mexico has killed 3 oil rig workers on their way to an unmanned oil platform in the Gulf of Mexico. The Gulf Coast has seen entirely too many helicopter crashes in 2008. Something should be done to increase the safety of helicopters along with monitoring and enforcing safety laws that apply to helicopter companies. What law applies to a helicopter crash over a navigable body of water like the Gulf of Mexico? This analysis... Posted on December 16, 2008 at 07:26 am

Rank This Week: 3393

Injury Victims Have Rights

Covers injury law in the New York City area, including auto accidents, liquor liability, nursing home abuse, medical malpractice, and slip and fall. Published by Cassisi and Cassisi, PC.

http://www.cassisilaw.com/

Dec 15
Safety Tips for Driving abroad

For expert safty tips for driving abroad click here. Posted on December 15, 2008 at 03:05 pm
May 22
Safe Driving Tips

Here are some important tips to help you have a safer driving experience. Before driving a car, do a simple safety check. Turn on the lights and walk around the vehicle to ensure that all lights are in working order. Also check your blinkers for proper operation. Look for any fluid leaks or things hanging from the vehicle. Check that the tires are properly inflated. Drive with your headlights on, a car is visible for nearly 4 times the distance with its headlights on even during daytime hours.... Posted on May 22, 2008 at 08:52 am
May 16
What Happens if You Get Hurt in a Hospital Due to a Hospital Error?

Hospitals are supposed to be places where people get well. Unfortunately, hospitals are sometimes places where injuries occur. New York State's three largest medical insurers - Empire Blue Cross Blue Shield, Oxford and HIP - now want to stop paying hospitals when preventable adverse events or malpractice occur. The insurers plan to implement language in their policies prohibiting the hospital from billing the carrier for the subsequent treatment required as a result of hospital errors. This is... Posted on May 16, 2008 at 01:00 pm