Posts tagged with: "insurance"
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4 Dec 0001, 4:00 pm by Elizabeth Litten
If you are a federally-facilitated health insurance exchange (FFE), a “non-Exchange entity”, or a State Exchange, the answer is “Quick, report!”  Those involved with the new health insurance exchanges (or “Marketplaces”?  The name, like the rules, seems to be a moving and elusive target) should make note that privacy and security incidents and breaches are to be reported within one hour of their discovery, according to regulations proposed by the… [read post]
4 Dec 0001, 4:00 pm by Steven Soliman
The U.S. Equal Employment Opportunity Commission (EEOC) has filed suit against Farmers Insurance Exchange, alleging a violation of federal law due to the termination of employees on account of their race. Two of the claimants, who are of Hmong descent, constituted the only Asian-American employees at the company’s Fresno office. According to the lawsuit, Farmers Insurance employees had been instructed to code insurance payments in a specific manner so as to avoid automated prompting of… [read post]
19 Apr 2014, 7:35 am by Mark S. Humphreys
North Richland Hills Lawyers who handle life insurance claims can read this case and then tell potential clients they better hire an attorney. This case is from the United States District Court, Northern District, Fort Worth Division. The style is Doretha Hall v. Fidelity & Guaranty Life Insurance Company. Here is the relevant information. Fidelity issued a term life insurance policy to Mr. Hall in the face amount of $75,000.00. In his application, Mr. Hall designated Doretha as the… [read post]
18 Apr 2014, 9:56 am by Rosemary Roberts
If you are or were a former customer of Health Net of California and received a letter from the company between March 14, 2011 and September 19, 2011, notifying you that your personal, medical, and/or financial information was on server drives that Health Net identified as missing, you may be entitled to get benefits from a class action settlement. Over 1 Million Health Net members received AllClear ID Credit Monitoring Election Form postcard in the mail. If you wish to receive credit… [read post]
18 Apr 2014, 7:58 am
Automobile insurance can be a lifesaver if you are in an accident and your car is totaled. Not many of us are prepared for the unexpected expenses of an unexpected accident. But what happens if someone else causes an automobile accident, in which you are injured, yet they have no auto insurance at all. Unfortunately, the likelihood of being involved in an auto accident with an uninsured or underinsured motorist is much higher than it should be. The good news is, Alabama, like many other states,… [read post]
18 Apr 2014, 6:04 am by steinlaw
While driving around over the last few days, I have seen some really bad driving. This has been especially troubling with some of the recent cases that I have had in my office, including seeing a fatality. People need to... [read post]
17 Apr 2014, 5:29 pm by Corey Harris
The debate over what evidence should be admitted in a breach of contract case has raged on for many years. Policyholders typically argue that evidence of an improper investigation should be admitted as impeachment evidence, while insurance companies insist that the way a claim was handled has no bearing on the ultimate issue: was the insurance contract breached. Depending on the circumstances of the case, evidence of an improper investigation could, in and of itself, be the only evidence necessary… [read post]
17 Apr 2014, 1:06 pm by ggartslaw
By Brian Taylor Goldstein, Esq. A conductor we manage has been invited to conduct one of the orchestras of a University in the United States later this year. He has worked there once before when he conducted performances when he had a J-1 visa. On this occasion however due to the short length of the […] [read post]
17 Apr 2014, 3:10 pm by Tom Crane
Rick knew the internet world very well. He had worked on the East Coast as a systems engineer before a disease caused the loss of his eyesight. With the aid of larger typeface and other tools, he could function pretty well despite his diminished eye sight. Rick used a walking cane and relied on public transportation.  Rick was no quitter. He formed a successful non-profit providing online medicaid related services to persons with disabilities. He was earning a decent living - no… [read post]
17 Apr 2014, 7:24 am
In addition to having to reintegrate after deployment, many veterans will return with catastrophic injuries, including amputation, paralysis, burns, and other disabilities. For some, the damage will be psychological, resulting in post-traumatic stress disorder (PTSD). The Social Security Administration (SSA) has created an expedited process to help veterans recover benefits quickly and effectively. In addition to proving benefits to veterans who have suffered a physical injury, the SSA has also… [read post]
17 Apr 2014, 7:00 am by Mark S. Humphreys
Arlington insurance lawyers need to be able to know how the courts interpret insurance policy exclusions. A recent finding from a United States Magistrate Judge in the Northern District of Texas is helpful. The style of the case is, The Burlington Insurance Company v. Midlothian Chamber of Commerce, et al. The Chamber sponsored a bike-a-thon in which John Shumaker participated. Shumaker was seriously injured and later sued the Chamber in Texas district court, claiming that his personal injuries… [read post]
17 Apr 2014, 6:40 am by
"A little more than half of that group, or 2.1% of the U.S. population, got their new insurance through health exchanges." [read post]
17 Apr 2014, 6:00 am by Daniel E. Cummins
In her recent decision in the case of Neal v. State Farm, PICS Case No. 14-0387 (M.D. Pa. Feb. 18, 2014 Kane, J.), Judge Yvette Kane of the Federal District Court for the Middle District of Pennsylvania allowed a Plaintiff’s bad faith claim to proceed under allegations that the carrier knowingly used a biased independent medical examiner to provide negative reports and and thereby support the carrier’s denial of payments in a first party context.  The Plaintiff also sued under… [read post]
16 Apr 2014, 2:52 pm by Bill Hayes
What if someone is driving without car insurance and has an accident with me, can I still get compensation for the damages?   Although it is against the law in most states to drive without automobile liability insurance many irresponsible individuals insist on driving around town without coverage. If they get into accidents in which […] [read post]
16 Apr 2014, 12:58 pm by Steven Boutwell
By Mark D. Mese You purchased insurance thinking that if you are sued or subject to a demand for money or damages your insurance company will defend and indemnify you.  Unfortunately, insurers deny many insureds requests for defense and indemnity.  Consider the following actions if your insurer denies your request for defense and indemnity. If you have been served with a lawsuit, make sure that you retain a lawyer to defend the lawsuit.  There is generally a very short time period… [read post]
In March I gave tips for preventing or resolving the difficulties that may arise when trying to collect benefits from older, traditional long-term care insurance policies. In this post I describe the new "hybrid" long-term care policies that have come to the market as the industry has matured. These new policies overcome many of the issues that beset holders of the older policies. Among the [read post]
16 Apr 2014, 9:26 am by Wystan Ackerman
Have you ever heard of the local action doctrine?  The distinction between local and transitory actions?  If you’re a lawyer, you might have heard something about this in law school.  But perhaps not since then.  The Supreme Court has not addressed it since 1912.  But the Ninth Circuit held last week that the local action doctrine required dismissal of a putative class action for lack of jurisdiction.  Eldee-K Rental Properties, LLC v. DIRECTV, Inc., No. 11-17994,… [read post]
16 Apr 2014, 4:30 am by Phillip Sanov
In a recent conference on Class Actions and Aggregate Litigation,1 a recent trend in Class Actions was discussed that could have a significant affect on the property damage insurance claims handling industry: (i) “Private regulatory actions” – i.e., mass lawsuits based on a private right of action that challenge conduct not widely recognized as being wrong. This category would include many current class actions in the United States, such as those involving alleged deceptive trade… [read post]
16 Apr 2014, 2:46 am by Jon Gelman
Workers' Compensation insurance covers the FULL cost of prescription drugs.Today's post was shared by The New York Times and comes from Even as the cost of prescription drugs has plummeted for many Americans, a small slice of the population is being asked to shoulder more and more of the cost of expensive treatments for diseases like cancer and hepatitis C, according to a report to be released on Tuesday by a major drug research firm.The findings echo the conclusions of two other… [read post]
15 Apr 2014, 8:03 pm by MichaelW
In Skyward Aviation Limited v Tower Insurance the Court of Appeal was asked to determine the following questions: What is the basis of Tower’s liability; What is the correct measure of Tower’s liability; Did Tower irrevocably elect to make a payment based on full replacement value. In answering question 1 the CA found that the policy wording favoured the view that the homeowner had the right to choose whether their house was rebuilt, repaired or replaced, and said once it is established… [read post]