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The Official Medicare Blog and…

The Official Medicare Blog and Information Resource

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

http://www.medval.com/blog/

Jun 20
U.S. Attorney’s Office Settles Conditional Payments Debts with Personal Injury Law Firm and Requires Attorney to Institute Best Internal Compliance Practice

U.S. Attorney’s Office Settles Conditional Payments Debts with Personal Injury Law Firm and Requires Attorney to Institute Best Internal Compliance Practice

On Monday, the U.S. Department of Justice’s Attorney’s Office for the Eastern District of Pennsylvania issued a press release concerning a settlement arrangement involving the repayment of conditional payments. U.S. Attorney…
Jun 12
Another MSP Case; Another Court’s Interpretation: Court finds Personal Representative Has Standing to Bring Private Cause of Action

Another MSP Case; Another Court’s Interpretation: Court finds Personal Representative Has Standing to Bring Private Cause of Action

Last week, the Fourth Circuit was added to the list of recent jurisdictions addressing the private cause of action provision under the Medicare Secondary Payer act. The Fourth Circuit has jurisdiction over the District Courts in the…
Jun 7
2018 Social Security and Medicare Trustees’ Report Issued; Warn of Depletion of Trust Fund

2018 Social Security and Medicare Trustees’ Report Issued; Warn of Depletion of Trust Fund

Each year, the board of trustees of the Social Security Trust Fund and Medicare Trust Fund release reports to Congress providing an estimated projected financial outlook for the programs. This week both reports were released. The 77th…

Rank this Week: 42

Life Insurance Law Blog

By Currin Compliance Services, LLC.

http://www.currincompliance.com/life-insurance-law-blog/

Jun 20
Confused about designing annuities in NY?

Confused about designing annuities in NY?

If the answer is yes, then our Demystifying NYS Annuity Nonforfeiture course is your go-to source. This course will teach you everything you need to know about NYS nonforfeiture law and what you need to do to design a product that…
May 24
Getting Out the Pencil in New York

Getting Out the Pencil in New York

I’m no actuary, but I’m pretty darn good at math for a regular person.And yet, every time I read a NY policy with an accelerated death benefit that discounts the payment, which is fairly regularly, I have to get out a pencil and a…
May 22
Insurance Compliance Symposium and Fall Foliage in NH - October 25, 2018

Insurance Compliance Symposium and Fall Foliage in NH - October 25, 2018

If you’re interested in learning about insurance advertising compliance in the digital era, sharing your challenges, and looking at solutions as a group, join us on THURSDAY, OCTOBER 25, 2018, in Bedford, New Hampshire. We are hosting…

Rank this Week: 1130

Bryant Legal Group PC News &…

Bryant Legal Group PC News & Resources

Covers insurance benefits and claims.

http://www.bryantlg.com/news-resources/

Jun 20
Automatic Eligibility for Disability Benefit

Automatic Eligibility for Disability Benefit

In the private disability insurance context — in Illinois and elsewhere — insurers will often deny legitimate disability claims on the basis that the policyholder’s condition is not actually disabling in accordance with the…
Jun 19
Seventh Circuit: “Unfortunate Circumstances” Not Enough to Warrant Pension Payments to Deceased Worker’s Daughter

Seventh Circuit: “Unfortunate Circumstances” Not Enough to Warrant Pension Payments to Deceased Worker’s Daughter

By: Andrew B. Bryant Mother Died Three Days Before Pension Payments Would Have Vested With Daughter In a truly unfortunate set of circumstances, a woman who worked for 37 years at a Wisconsin children’s hospital passed away three days…
May 30
Common Disputes in Short-Term Disability Insurance

Common Disputes in Short-Term Disability Insurance

Short-term disability insurance provides temporary wage replacement benefits in the event that you are suffering from a disabling condition, though the benefits apply for a very limited period of time — in most cases, short-term…

Rank this Week: 2014

InsureBlog

Covers insurance news.

http://insureblog.blogspot.com/

Jun 20
You, Your Money, and Nursing Home

You, Your Money, and Nursing Home

Allison Bell is one of my very favorite insurance journalists, and we've quoted her work quite often. Her articles are typically first-rate: understandable, accurate and complete.You just knew there'd be a "but" here, didn't you?Recently, she…
Jun 19
MVNHS© in Three Act

MVNHS© in Three Act

■ What's it all about, Alfie?The Much Vaunted National Health System© is famous for its enthusiasm for infanticide, the most recent example of which would be the Baby Alfie Evans case. We noted at the time that, as usual, this…
Jun 18
Kid's a major liability

Kid's a major liability

You've likely read by now about the young lad, attending a wedding reception replete with expensive (and apparently fragile) art work, who (apparently accidentally) knocked over a priceless glass statue.Well, not "priceless," exactly, more…

Rank this Week: 319

Policyholder Pulse

Covers insurance law. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.policyholderpulse.com/

Jun 20
Allocation Clauses in D&O and E&O Policies – Traps for the Unwary

Allocation Clauses in D&O and E&O Policies – Traps for the Unwary

Some of the biggest pitfalls for policyholders lie camouflaged among seemingly “standard” policy conditions—often overlooked during the procurement or renewal process. This is especially true of allocation clauses, found…
Jun 12
Insurance Applications and Warranty Statements: Give Them the Attention They Deserve

Insurance Applications and Warranty Statements: Give Them the Attention They Deserve

With few exceptions, an application or warranty statement is an essential document to secure insurance coverage, and can actually possess great power to determine or limit coverage. Insurers may seek renewal applications or updated warranty…
Jun 6
CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme Court Say

CGL Insurer Can’t Avoid Covering Employer for Negligent Hiring of Employee Who Committed Intentional Wrong, California Supreme Court Say

By statute, California law holds that willful misconduct—where an insured intends to cause someone harm—is not insurable as a matter of public policy. For years, insurance companies have sought to expand this prohibition to…

Rank this Week: 332

National Insurance Law Forum

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

http://www.insurancelawforum.com/

Jun 20
Perspectives on the ALI Restatement: The Plain Meaning Presumption

Perspectives on the ALI Restatement: The Plain Meaning Presumption

The American Law Institute (ALI) voted to approve the Restatement of the Law of Liability Insurance (Restatement) at its annual meeting on Tuesday, May 22, 2018, with sections of the Restatement being debated until the final vote.[1] The…
Jun 12
Perspectives on the ALI Restatement: the Plain Meaning Presumption

Perspectives on the ALI Restatement: the Plain Meaning Presumption

The American Law Institute (ALI) voted to approve the Restatement of the Law of Liability Insurance (RLLI) at its annual meeting on Tuesday, May 22, 2018, with sections of the RLLI being debated until the final vote.[1] The ALI’s…
May 22
American Law Institute Votes to Approve Restatement of Law, Liability Insurance

American Law Institute Votes to Approve Restatement of Law, Liability Insurance

Following a vigorous two hour debate, the American Law Institute voted on May 22 to give final approval to the Restatement of Law, Liability Insurance. Eight years in the making, this Restatement is the first one devoted to a specific…

Rank this Week: 4097

San Francisco Injury Lawyer Blog

Covers personal injury law. By Willoughby Brod, LLP.

http://www.sanfranciscoinjurylawyerblog.com/

Jun 20
Health Hazards are Not the Only Possible Habitability Issues, but They are the Most Seriou

Health Hazards are Not the Only Possible Habitability Issues, but They are the Most Seriou

California law requires that landlords make residential rental properties habitable, that is, livable for tenants. In other words, the landlords must ensure that rented houses and apartments are safe. The sections of California law that…
Jun 12
California Nursing Home Faces Lawsuit After Evicting Patient Without Giving Advance Notice

California Nursing Home Faces Lawsuit After Evicting Patient Without Giving Advance Notice

Title 22 specifies the standards according to which California nursing homes must adhere. Many of the standards aim to preserve the patient’s level of health and independence, even when it means more work for the nursing home staff. For…
Jun 7
Bed Bugs can Mean Big Bucks in California Habitability Lawsuit

Bed Bugs can Mean Big Bucks in California Habitability Lawsuit

Why are people so afraid of bed bugs? Unlike mosquitoes, bed bugs cannot transmit malaria. Unlike termites, bed bugs cannot destroy the wooden structures in your house. Unlike bees, bed bugs do not transmit deadly venom. Despite the…

Rank this Week: 3371

The D & O Diary

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

http://www.dandodiary.com/

Jun 20
Why Late Notice Cases Bother Me

Why Late Notice Cases Bother Me

Claims made insurance policies provide coverage for claims first made during the policy period. So if the claim is made during the policy period, there’s coverage, right? Not so fast; there’s a catch. Under most claims made…
Jun 17
A Q&A on Wage & Hour Insurance

A Q&A on Wage & Hour Insurance

My recent post about wage and hour exposure and insurance triggered an email exchange with one of the blog’s readers, Machua Millett, who is the Chief Innovation Officer for the financial and professional unit (FINPRO) at Marsh.…
Jun 13
Is a Digital Coin that Functions as a Medium of Exchange a “Security”?

Is a Digital Coin that Functions as a Medium of Exchange a “Security”?

One of the cutting-edge legal issues – one that is raised in a number of pending securities class action lawsuits – is the question of whether cryptocurrencies are “securities” and therefore required to be registered…

Rank this Week: 379

Reinsurance Focus

Covers new reinsurance-related and arbitration developments. By Carlton Fields.

http://reinsurancefocus.com/

Jun 19
Update On Amendments To State Captive Insurance Law

Update On Amendments To State Captive Insurance Law

South Carolina South Carolina passed new legislation making numerous and streamlining changes to its captive insurance law. Included in the changes are: modified capital and surplus requirements, a new definition of a captive’s…
Jun 18
Multi-Million Russian Mall Investment Dispute Remains In Limbo As Ninth Circuit Vacates Turnover Order Requiring Release Of Assets Held In Lichtenstein Trust

Multi-Million Russian Mall Investment Dispute Remains In Limbo As Ninth Circuit Vacates Turnover Order Requiring Release Of Assets Held In Lichtenstein Trust

In a matter between Petitioner Vitaly Smagin and Respondent Ashot Yegiazaryan, the London Court of International Arbitration awarded Smagin about $72 million in damages plus about $20 million in interest and fees. A U.S. district court then…
Jun 17
Court Applies Arbitration And Continued Performance Provisions Of One Contract To A Separate Performance Guaranty Agreement

Court Applies Arbitration And Continued Performance Provisions Of One Contract To A Separate Performance Guaranty Agreement

This lawsuit centered around a contract providing a guaranty of performance in connection with an underlying broadband network access contract. The underlying contract called for binding arbitration of any disputes and required the parties…

Rank this Week: 1784

Property Insurance Coverage Law…

Property Insurance Coverage Law Blog

Covers property insurance coverage matters. By Merlin Law Group.

http://www.propertyinsurancecoveragelaw.com/

Jun 19
FEMA Provides Guidance on the Loss Settlement Provision of the SFIP

FEMA Provides Guidance on the Loss Settlement Provision of the SFIP

In Write Your Own (WYO) Bulletin W-18009, FEMA recently clarified Bulletin W-14058. Bulletin W-14058 addresses the Loss Settlement Provision of the Standard Flood Insurance Policy (SFIP). In W-18009, FEMA provided additional clarification on…
Jun 18
Texas Insurance Appraisal: Who is Grading Insurance Company Papers and the Policies They Sell?

Texas Insurance Appraisal: Who is Grading Insurance Company Papers and the Policies They Sell?

It is no secret that there are problems with the appraisal process. The ever-growing issues with appraisal include, but certainly are not limited to, exorbitant expenses pushed onto policyholders and insurance companies, gamesmanship, and the…
Jun 16
Post-Menchaca: Is the Independent Injury Rule Dead or Alive?

Post-Menchaca: Is the Independent Injury Rule Dead or Alive?

Having undertaken to write about “all things Menchaca,” this month is a review of five cases post-Menchaca which contradict one another in deciding whether the independent injury rule is dead or alive. Looking at the first set of…

Rank this Week: 3118

Financial Institutions Legal…

Financial Institutions Legal Snapshot

Covers banking, finance and insurance law in South Africa. By Norton Rose Fulbright.

http://www.financialinstitutionslegalsnapshot.com/

Jun 19
Action over stolen trade secrets does not fall under defamation cover (US)

Action over stolen trade secrets does not fall under defamation cover (US)

A US company was sued for misappropriating trade secrets relating to a medical device and poaching a number of employees. The company was insured in terms of an advertising and personal injury section of its commercial general liability…
Jun 19
Scope of arbitration clause (UK)

Scope of arbitration clause (UK)

The UK Chancery Division held that an arbitration clause relating to any dispute regarding a contractual undertaking to renegotiate port licensing conditions in the event of ‘any major physical or financial change in circumstances…
Jun 19
Informed Consent Principles (UK)

Informed Consent Principles (UK)

The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims. A woman had been suffering painful, heavy periods and lower back pain, for which she sought medical…

Rank this Week: 2544

Bad Faith Blog

Focused on claims of bad faith and extra contractual damages. By Sandberg, Phoenix & Von Gontard P.C.

http://www.badfaithblog.net/

Jun 19
Under Florida Law Court Agrees the Insured and the Insured’s Attorney’s Conduct Are Relevant to Bad Faith

Under Florida Law Court Agrees the Insured and the Insured’s Attorney’s Conduct Are Relevant to Bad Faith

Summary: An insured motorist who sustained injuries in a motor vehicle accident brought a first party bad faith action alleging the automobile insurer acted in bad faith in attempting to settle the claim for underinsured motorist (UIM)…
Jun 4
New Missouri Interpleader Law Caps Insurer Exposure for Multiple Claim

New Missouri Interpleader Law Caps Insurer Exposure for Multiple Claim

On June 1, 2018, legislation affording new protections to insurers when interpleading policy limits was enacted. The legislation, known as HB 1531, amends R.S.Mo. § 507.060, which governs the joinder of parties in an interpleader…
May 7
Claim Professionals Beware: Adjusters Can Be Held Liable In Their Individual Capacity For Bad Faith In Washington State

Claim Professionals Beware: Adjusters Can Be Held Liable In Their Individual Capacity For Bad Faith In Washington State

Summary: Insured motorist who was injured in an accident with an at-fault motorcyclist brought action against the automobile insurer’s adjuster who handled the claim for bad faith and violation of the Consumer Protection Act. After the…

Rank this Week: 769

Hunton Insurance Recovery Blog

Provides updates, analysis and breaking news for commercial policyholders.

https://www.huntoninsurancerecoveryblog.com/

Jun 19
Hunton Insurance Attorneys Contribute to May Recall Roundup

Hunton Insurance Attorneys Contribute to May Recall Roundup

Attorneys from Hunton Andrews Kurth LLP’s Insurance Coverage practice group contributed to the Firm’s Recall Roundup by weighing in on a recently-filed product contamination insurance coverage dispute, Lake Country Foods, Inc. v.…
Jun 15
California Supreme Court Rules That General Liability Insurer Must Defend Employer Against Employee Misconduct Allegation

California Supreme Court Rules That General Liability Insurer Must Defend Employer Against Employee Misconduct Allegation

The Supreme Court of California has ruled that a general liability insurer must defend an employer against allegations of employee misconduct, reinforcing the breadth of (1) what constitutes an “occurrence” under an…
Jun 13
Construction Industry May Be At Risk For Uncovered Losses Due To Cyber Attack

Construction Industry May Be At Risk For Uncovered Losses Due To Cyber Attack

The construction industry is no stranger to insuring its projects against the risks of physical and natural disasters. Policies purchased to cover these risks, however, often are not broad enough to reach cyber threats, which can be just as…

Rank this Week: 1882

Dallas Fort Worth Insurance Lawyer…

Dallas Fort Worth Insurance Lawyer Blog

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

http://www.dallasfortworthinsurancelawyerblog.com/

Jun 19
ERISA – What Happens If They Do You Wrong?

ERISA – What Happens If They Do You Wrong?

Lawyers handling Employee Retirement Income Act (ERISA) cases will tell you that the answer to the above question is … nothing happens. Generally, the United States Supreme Court has not allowed any remedy that is not clearly expressed…
Jun 17
ERISA Regulation

ERISA Regulation

The Employee Retirement Income Security Act (ERISA) is governed by federal statutes. The claims procedures originate from 29 U.S.C., Section 1133 and 1135. Section 1133(1) requires that a carrier or claims administrator provide adequate…
Jun 16
ERISA Issue

ERISA Issue

Employee Retirement Income Security Act (ERISA) issues can be more onerous than most people can imagine. Most people who get their insurance from work do not think about it except the the extent of how much it costs, the extent of coverage,…

Rank this Week: 992

Comitz Beethe's Disability…

Comitz Beethe's Disability Insurance Claim Blog

Covers disability insurance claims, claim tips, insurer profiles, insurance industry news, and case studies.

http://www.disabilitycounsel.net/blog/

Jun 18
Can You Remain Anonymous in a Lawsuit Against Your Insurer?

Can You Remain Anonymous in a Lawsuit Against Your Insurer?

If your disability claim has been denied or your disability benefits have been terminated, you may be considering filing a lawsuit against your disability insurer, and may be wondering if you have to publicly disclose your name and…
Jun 18
Can You Remain Anonymous in a Lawsuit Against Your Insurer?

Can You Remain Anonymous in a Lawsuit Against Your Insurer?

If your disability claim has been denied or your disability benefits have been terminated, you may be considering filing a lawsuit against your disability insurer, and may be wondering if you have to publicly disclose your name and…
Jun 4
Do You Have the “Own Occupation” Coverage You Think You Have?

Do You Have the “Own Occupation” Coverage You Think You Have?

Most physicians and dentists know that they should purchase an “own occupation” policy that provides benefits if they are no longer able to practice in their profession. True own occupation policies pay benefits if the…

Rank this Week: 281

Disability Insurance Legal…

Disability Insurance Legal Resource

By Comitz | Beethe. Discusses disability insurance claims, especially by physicians and dentists.

http://www.disabilitycounsel.net/blog/

Jun 18
Can You Remain Anonymous in a Lawsuit Against Your Insurer?

Can You Remain Anonymous in a Lawsuit Against Your Insurer?

If your disability claim has been denied or your disability benefits have been terminated, you may be considering filing a lawsuit against your disability insurer, and may be wondering if you have to publicly disclose your name and…
Jun 18
Can You Remain Anonymous in a Lawsuit Against Your Insurer?

Can You Remain Anonymous in a Lawsuit Against Your Insurer?

If your disability claim has been denied or your disability benefits have been terminated, you may be considering filing a lawsuit against your disability insurer, and may be wondering if you have to publicly disclose your name and…
Jun 4
Do You Have the “Own Occupation” Coverage You Think You Have?

Do You Have the “Own Occupation” Coverage You Think You Have?

Most physicians and dentists know that they should purchase an “own occupation” policy that provides benefits if they are no longer able to practice in their profession. True own occupation policies pay benefits if the…

Rank this Week: 2575

Massachusetts Workers'…

Massachusetts Workers' Compensation Lawyer Blog

Covers insurance, injury and accident law and workers' compensation. By Pulgini & Norton, LLP Attorneys at Law.

http://massachusettsworkerscompensationlawyer-blog.com

Jun 18
Massachusetts Appellate Court Upholds Award of Permanent and Total Incapacity Benefits to Injured Construction Worker

Massachusetts Appellate Court Upholds Award of Permanent and Total Incapacity Benefits to Injured Construction Worker

When an employee suffers multiple injuries on the job over a period of time, the workers’ compensation claims process can become even more complicated. This shouldn’t stop you from receiving the benefits and fair treatment that…
Jun 11
Massachusetts Appellate Court Upholds Award of Benefits to Injured Worker, Rejecting Insurer’s Affirmative Defense

Massachusetts Appellate Court Upholds Award of Benefits to Injured Worker, Rejecting Insurer’s Affirmative Defense

Insurance companies will try many different tactics to avoid paying benefits to injured workers. As seasoned Boston workers’ compensation attorneys, we are well versed in dealing with insurance companies and ensuring that our clients…
Jun 4
Massachusetts Department of Industrial Accidents Affirms Denial of Benefits to Injured Worker Based on Pre-Existing Condition

Massachusetts Department of Industrial Accidents Affirms Denial of Benefits to Injured Worker Based on Pre-Existing Condition

As dedicated Boston workers’ compensation lawyers, we have seen a multitude of work injury cases and assisted many employees with seeking the benefits they deserve. The claims process can be complicated, especially if you have a…

Rank this Week: 2633

Massachusetts Social Security…

Massachusetts Social Security Disability Lawyers Blog

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

http://www.massachusettssocialsecuritydisabilitylawyersblog.com/

Jun 18
Understanding Social Security Administration’s Rules on Being Disabled

Understanding Social Security Administration’s Rules on Being Disabled

Many people suffer from one or more medical conditions that make it very difficult if not impossible for them to keep their current job. In many cases, even going back to any similar type of work is problematic. When this occurs, a…
May 27
Going to Back to Work on Social Security Disability Program

Going to Back to Work on Social Security Disability Program

Contrary to conventional wisdom of many in politic, the clear majority of those who are disabled are not sitting at home collecting a check when they could be working. It is really quite hard to prove to Social Security Administration (SSA),…
Apr 6
Social Security Administration to Receive Funding to Clear Backlog of Claims in Boston

Social Security Administration to Receive Funding to Clear Backlog of Claims in Boston

Getting approved for Social Security in Boston is no easy process. It is also not a quick process. The first thing any prospective claimant must do is to file an initial application with the U.S. Social Security Administration (SSA).…

Rank this Week: 1197

California Insurance Litigation…

California Insurance Litigation Blog

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

http://www.mslawllp.com/category/insurance-blog/

Jun 16
Part-Time Work: Is this Sufficient to Preclude a Claim for Long-Term Disability Benefits Under the “Any Occupation” Standard of Total Disability?

Part-Time Work: Is this Sufficient to Preclude a Claim for Long-Term Disability Benefits Under the “Any Occupation” Standard of Total Disability?

Long-term disability insurance policies are an important safety net for employees. In the event of an accident, long-term disability helps to bridge the gap in income when an employee is no longer able to work. But to what extent does…
Jun 14
Ninth Circuit Interprets the Health Parity Act in Favor of Insureds Seeking Health Insurance Benefit

Ninth Circuit Interprets the Health Parity Act in Favor of Insureds Seeking Health Insurance Benefit

Insurance companies often attempt to provide different levels of benefits for the treatment of physical injuries and mental health issues in the same policy. Mental health parity describes the equal treatment of mental health conditions…
May 28
Los Angeles Daily Journal Publishes Article by Robert J. McKennon Entitled “Preexisting Condition Doesn’t Preclude Coverage”

Los Angeles Daily Journal Publishes Article by Robert J. McKennon Entitled “Preexisting Condition Doesn’t Preclude Coverage”

On May 24, 2018, the Los Angeles Daily Journal published an article written by Robert J. McKennon of the McKennon Law Group PC. The article examines a recent case by the Ninth Circuit Court of Appeals addressing preexisting conditions…

Rank this Week: 3119

Property Casualty Focus

Focused on legal developments in the property-casualty industry. By Carlton Fields Jorden Burt.

http://propertycasualtyfocus.com/

Jun 15
The Sentinel Strike: The Hartford’s Gift to New York Insurers in the War to Stop Policyholder Experts from Claiming Ambiguities Exist in Clear Policy Exclusion

The Sentinel Strike: The Hartford’s Gift to New York Insurers in the War to Stop Policyholder Experts from Claiming Ambiguities Exist in Clear Policy Exclusion

In this age of exponentially increasing technology, we can rely on one certainty in property casualty jurisprudence – that is, bold policyholder assertions supported by even bolder “expert” opinions. In BF Advance, LLC v.…
Jun 11
Eleventh Circuit Applies Realignment Doctrine to Undo Years of Coverage Litigation Between Primary and Excess Insurer

Eleventh Circuit Applies Realignment Doctrine to Undo Years of Coverage Litigation Between Primary and Excess Insurer

In St. Paul Fire and Marine Insurance Co. v. National Union Fire Insurance Co. of Pittsburgh, PA, No. 16-12015 (11th Cir. May 29, 2018), a battle between excess and primary carriers, the Eleventh Circuit applied the so-called…
May 25
An Expert Is Only as Good as His Actual Experience

An Expert Is Only as Good as His Actual Experience

Experts are often used to address issues of causation and scope of damages in insurance coverage matters. It is well established, however, that an expert must be qualified through specific training or actual experience. Without such training…

Rank this Week: 2705

Boston Workers Compensation…

Boston Workers Compensation Attorney Blog

Covers workers' compensation, injury and insurance law. By Michael O. Smith.

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

Jun 15
Massachusetts Appellate Court Upholds Benefits Awarded to Man with Multiple Existing Construction-Related Injuries Over Insurer’s Objection Based on Willful Misconduct

Massachusetts Appellate Court Upholds Benefits Awarded to Man with Multiple Existing Construction-Related Injuries Over Insurer’s Objection Based on Willful Misconduct

When you file a workers’ compensation claim, your employer’s insurance company will usually be the entity that represents your employer throughout the claims process. In many instances, an insurance company will try to avoid…
Jun 1
Massachusetts Appellate Court Upholds Denial of Benefits to Man Injured in Workplace Altercation Based on History of Back Problem

Massachusetts Appellate Court Upholds Denial of Benefits to Man Injured in Workplace Altercation Based on History of Back Problem

If you have pre-existing medical conditions, seeking benefits after a work injury can be complicated. Insurance companies will often argue that your injuries are results of a pre-existing condition and try to deny coverage for your…
May 16
Massachusetts Appellate Court Affirms Decision Finding Injured Man Capable of Working 30 Hours Per Week Following Job-Related Car Accident

Massachusetts Appellate Court Affirms Decision Finding Injured Man Capable of Working 30 Hours Per Week Following Job-Related Car Accident

There are many different ways that a work injury can take place, including a car accident while on the job. Many individuals are required to drive as part of their work duties, and they are just as susceptible to being involved in a crash as…

Rank this Week: 2452

Kaufman Dolowich & Voluck, LLP…

Kaufman Dolowich & Voluck, LLP Blog

Covers employment law.

http://www.kdvlaw.com/news-resources/category/blog/

Jun 15
New York State Delay Damages Bill (A.7945-A) Passed the Senate on June 14th, 2018

New York State Delay Damages Bill (A.7945-A) Passed the Senate on June 14th, 2018

By Andrew L. Richards, Chairperson, Construction Law Practice Group and Erik Ortmann, partner. (June 15, 2018 – Woodbury, NY) The Delay Damages bill concerning delay related claims against public entities passed the NYS Senate on…
Jun 13
5 Workplace Compliance Issues for Northern California, SHRM, ft. Elizabeth Stonhau

5 Workplace Compliance Issues for Northern California, SHRM, ft. Elizabeth Stonhau

Elizabeth Stonhaus, attorney in the Kaufman Dolowich & Voluck, LLP San Francisco office, was quoted in an article written by Lisa Nagele-Piazza published by SHRM on June 4, 2018. California is known for its abundance of workplace…
Jun 8
KDV Lunch and Learn: Legal Impact for Employers and Businesses in Today’s World

KDV Lunch and Learn: Legal Impact for Employers and Businesses in Today’s World

Join LMHQ and Kaufman Dolowich & Voluck for this Downtown Lunch-and-Learn to receive updates around employment and business law issues. Lunch will be provided. June 19, 2018 12:00 – 1:30 LMHQ 150 Broadway 20th Floor New…

Rank this Week: 1799

Tennessee Disability and Life…

Tennessee Disability and Life Insurance Blog

Covers insurance law. By Pepper Law, PLC.

http://www.nashvilleinsurancelawyer.com/

Jun 15
The Admissibility of Evidence of the Amount of Premiums Paid for a Disability Policy

The Admissibility of Evidence of the Amount of Premiums Paid for a Disability Policy

In a trial contesting an insurer’s denial of total disability benefits, jurors, in some cases, might think that an award of total disability benefits would be an unfair windfall for the plaintiff. To address a hidden bias like this,…
May 24
If You Leave Your Employer but Maintain Your Disability Policy, You Probably Still Can’t Escape the Tough Rules of ERISA

If You Leave Your Employer but Maintain Your Disability Policy, You Probably Still Can’t Escape the Tough Rules of ERISA

In a dispute over long-term disability benefits, it’s important to determine if the disability policy falls within the scope of the Employee Retirement Income Security Act of 1974 (ERISA). ERISA is a federal statute that applies to…
Apr 23
Challenging a Life Insurance Beneficiary Designation Based on Undue Influence

Challenging a Life Insurance Beneficiary Designation Based on Undue Influence

Under Tennessee law, a party can establish that a beneficiary of a will procured the making of the will by undue influence. If undue influence is proven, the will is invalidated and the beneficiary of the invalidated will receives…

Rank this Week: 1920

Classified: The Class Action Blog

A blog focused on the latest class action developments and trends by the attorneys of Carlton Fields Jorden Burt.

http://classifiedclassaction.com/

Jun 14
Must a Plaintiff Representing Unnamed Parties Under California’s Private Attorney General Act Comply with Rule 23’s Requirements?

Must a Plaintiff Representing Unnamed Parties Under California’s Private Attorney General Act Comply with Rule 23’s Requirements?

Must a plaintiff who brings an action under California’s Private Attorney General Act (PAGA) comply with Rule 23’s requirements? Although the Ninth Circuit has not addressed the issue, one California federal district court…
Jun 14
District Court Denies Motion for Preliminary Approval of Class Action Settlement Citing Dearth of Information and Failure to Follow Court’s Settlement Guideline

District Court Denies Motion for Preliminary Approval of Class Action Settlement Citing Dearth of Information and Failure to Follow Court’s Settlement Guideline

The District Court for the Northern District of California denied a motion for preliminary approval of a proposed settlement, citing the plaintiffs’ disregard of the court’s guidelines and various concerns as to whether the…
Jun 12
Put This in Your Pipe: Supreme Court Rules 9-0 That American Pipe Tolling Does Not Permit Filing of Serial Class Actions Beyond the Statute of Limitation

Put This in Your Pipe: Supreme Court Rules 9-0 That American Pipe Tolling Does Not Permit Filing of Serial Class Actions Beyond the Statute of Limitation

As we previously reported, last year the Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), joined a circuit split when it held that the statute of limitations did not bar a third successive…

Rank this Week: 873

Florida Insurance Law Blog

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

http://www.floridainsurancelawblog.com/

Jun 13
Grammar! How verb tense won a health insurance lawsuit!

Grammar! How verb tense won a health insurance lawsuit!

Many “trial lawyers” crow about how much money they make for themselves and their clients. We’re not of that ilk. Every case is important to the client, and for us. Let me tell you about a recent case of ours…
Jul 28
Our Force Placed Insurance Class Action. When lenders want to protect their interest in vehicles.

Our Force Placed Insurance Class Action. When lenders want to protect their interest in vehicles.

Let me begin by apologizing for the very long delay in blog posts…..I’m a busy, practicing Trial Lawyer, who occasionally blogs, and not a professional blogger who ghosts writes a blog….. Still I’ll try to post…
Mar 20
Reverse Mortgage problems… the issues are ongoing

Reverse Mortgage problems… the issues are ongoing

I posted about Reverse Mortgages two weeks ago. We received some excellent and helpful e-mails in response, as well as several comments here on the Legal Examiner. One of those comments suggests that our information is old and outdated.…

Rank this Week: 4455

RandyWallace

Blog about current issues in Mississippi law including personal injury, divorce and insurance.

http://randywallace.wordpress.com/

Jun 13
Your Facebook page reveals otherwise

Your Facebook page reveals otherwise

A few moons ago, I blogged about use of Facebook in civil litigation. In the following years, the use of Facebook in litigation has grown exponentially with the dynamic growth of active Facebook users now exceeding 2.19…
May 16
A new scam email targeting lawyers making the round

A new scam email targeting lawyers making the round

Not a day goes by that I don’t receive some sort of scam or spoofed email. Generally the emails read as if they went through google’s translate function and almost always include the word “kindly.” I am not…
May 4
Car wrecks involving public employees engaged in police or fire protection

Car wrecks involving public employees engaged in police or fire protection

Negligence actions based on the acts or omissions of state governmental employees are generally subject to the Mississippi Tort Claims Act. Government employees include those employed by the State of Mississippi and its political…

Rank this Week: 1014

Insurance Class Actions Insider

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

http://www.insuranceclassactions.com/

Jun 13
Sveen v. Melin: Supreme Court Speaks On the Contracts Clause

Sveen v. Melin: Supreme Court Speaks On the Contracts Clause

After a decades-long drought, the Supreme Court recently decided a case involving the Contracts Clause of the Constitution. You might not recall that provision because it is so rarely invoked in modern-day litigation (due to how it has been…
Jun 12
China Agritech, Inc. v. Resh: Class Actions Toll Statutes of Limitations Only for Individual Suit

China Agritech, Inc. v. Resh: Class Actions Toll Statutes of Limitations Only for Individual Suit

Yesterday, in China Agritech, Inc. v. Resh, the U.S. Supreme Court ruled that, under its prior decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), the filing of a putative class action suit tolls the statutes of…
May 8
Supreme Court to Decide Whether Class Action Arbitration Is Allowed Where Arbitration Clause Is Silent Regarding Availability of Class Proceeding

Supreme Court to Decide Whether Class Action Arbitration Is Allowed Where Arbitration Clause Is Silent Regarding Availability of Class Proceeding

The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, No. 17-988. The question presented in the petition for certiorari is: “Whether the Federal Arbitration Act forecloses a state-law interpretation of an…

Rank this Week: 3319

Canadian Insurance Blog

By Mike Thomas.

http://insuranceblog.harpergrey.com/canadian-insurance-law/

Jun 12
The insurer was a person “person lawfully entitled to” a vehicle under the Repair and Storage Liens Act, R.S.O. 1990, c. R. 25, despite not having resolved the underlying claim with the insured

The insurer was a person “person lawfully entitled to” a vehicle under the Repair and Storage Liens Act, R.S.O. 1990, c. R. 25, despite not having resolved the underlying claim with the insured

Insurance law – Automobile insurance – Coverage – Policies and insurance contracts – Duties and liabilities of insurer – Right of insurer to subrogation – Appeals 2237446 Ontario Inc.(c.o.b. 409 Collision…
Jun 12
The insured employee was entitled to long-term disability benefits for a brain injury suffered on a company trip despite applying for benefits after his employment ceased because the policy did not exclude coverage for claims arising during the course of employment

The insured employee was entitled to long-term disability benefits for a brain injury suffered on a company trip despite applying for benefits after his employment ceased because the policy did not exclude coverage for claims arising during the course of employment

Insurance law – Group insurance – Long term disability benefits – Terms of policy – Interpretation of policy – Limitation of actions – Appeals MacIvor v. Pitney Bowes Inc., [2018] O.J. No. 2105, 2018 ONCA…
Jun 12
The actual cash value of a ring was held to be the replacement cost without any deduction as the policy did not set out how such a deduction would be calculated and there was no evidence the ring had depreciated in value

The actual cash value of a ring was held to be the replacement cost without any deduction as the policy did not set out how such a deduction would be calculated and there was no evidence the ring had depreciated in value

Insurance law – Homeowner’s insurance – Interpretation of policy – Damages – Actual cost vs replacement cost Machtinger v. CAA Insurance Co., [2018] O.J. No. 1950, Not available, Ontario Superior Court of Justice…

Rank this Week: 4126

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 Locke Lord LLP.

http://www.insurereinsure.com/

Jun 12
Responding to BEAT; Vermont Creates the Affiliated Reinsurance Company

Responding to BEAT; Vermont Creates the Affiliated Reinsurance Company

Vermont Act 134 (H.719) (“Act 134”), signed by Governor Phil Scott on May 17, 2018, is set to come into effect on July 1, 2018.
Jun 8
California Insurance Commissioner Approves First Cannabis Business Owners Policy

California Insurance Commissioner Approves First Cannabis Business Owners Policy

On June 4, California Insurance Commissioner Dave Jones announced that he approved the first Cannabis Business Owners Policy (“CannaBOP”) in California.
May 23
Rhode Island Seeks to Clarify Original Intent of Reg. 68

Rhode Island Seeks to Clarify Original Intent of Reg. 68

Rhode Island’s Insurance Business Transfer Act (“IBT”) (“Regulation 68”) permits the transfer and ‘novation’ of commercial ‘legacy business’ (subject to certain limitations) from one…

Rank this Week: 994

Arizona Bad Faith Blawg

Covers bad faith insurance law cases in Arizona. By Nathan D. Meyer.

http://arizonabadfaithblawg.com/

Jun 8
Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by “Affiliated Insurers”

Arizona Court of Appeals Holds Anti-Stacking Provision Inapplicable in Policies Issued by “Affiliated Insurers”

The Holding In Hanfelder v. Geico Indem. Co., WL 2018 WL 2315949 (May 22, 2018), the Arizona Court of Appeals reversed summary judgment granted to an Insurer because the Policy’s “imprecise” anti-stacking language did…
Mar 28
Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind

Arizona District Court Excludes Expert Opinion Regarding Insurer’s State of Mind

The Holding In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert opinion…
Mar 13
Arizona Insurers Beware of “Pay-and-Chase”–Arizona Supreme Court Rejects Expansion of Equitable Indemnification

Arizona Insurers Beware of “Pay-and-Chase”–Arizona Supreme Court Rejects Expansion of Equitable Indemnification

The Holding In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the Arizona…

Rank this Week: 2068

The Insurance & Reinsurance Report

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

http://www.insurerereport.com/

Jun 8
A Subpoena May Be a Claim if the Insured says It I

A Subpoena May Be a Claim if the Insured says It I

Whether or not there is coverage under a D&O Policy to pay for expenses incurred responding to a governmental subpoena is a recurring question that nets an inconsistent answer from courts around the country. While the question is often…
Jun 5
Property Damage Repairs Prior to Notice of Loss to Insurer Forfeits Coverage

Property Damage Repairs Prior to Notice of Loss to Insurer Forfeits Coverage

A recent Florida appellate opinion gives more teeth to repercussions for failing to give timely notice of a property damage loss to an insurer. In De la Rosa v. Florida Peninsula Insurance Company, 2018 WL 2246781 (Fla. 4th DCA 2018), a…
May 29
Landers and Restoring Time for Appraisal

Landers and Restoring Time for Appraisal

Troy Beecher, an experienced insurance coverage attorney in Goldberg Segalla’s Orlando office, scrutinizes a recent decision from a Florida District Court of Appeal, Landers v. State Farm Florida Insurance Company, which…

Rank this Week: 1149

Social Security Disability Lawyer…

Social Security Disability Lawyer Blog

Covers insurance law. By Law Offices of Russell J. Goldsmith.

http://www.socialsecuritydisabilitylawyerblog.net/

Jun 5
The Importance of Maine Medicaid Expansion for the Disabled

The Importance of Maine Medicaid Expansion for the Disabled

On November 7, 2017, the State of Maine citizenry went to the ballot box and passed the Question 2 ballot initiative calling for expansion of Medicaid. The ballot initiative called for the state “to provide Medicaid through…
May 11
Pursuing a Social Security Disability Claim for Headache

Pursuing a Social Security Disability Claim for Headache

Our office quite commonly represents individuals suffering from headache issues that have become severe, persistent and disabling such that they remain unable to work. Pursuing such a Social Security disability claim can prove to…
Feb 20
Whether to Appeal Your Social Security Disability Denial to Federal District Court

Whether to Appeal Your Social Security Disability Denial to Federal District Court

The Social Security rules and regulations provide a disability claimant with a number of opportunities to appeal should one be denied. Following an initial denial, a Maine or Massachusetts Social Security disability claimant would…

Rank this Week: 919

Tennessee Injury Law Center

Covers insurance law, products liability, medical malpractice and injury and accident law. By The Law Offices of John Day, P.C.

http://www.tennesseeinjurylawcenter.com/

Jun 4
The Hidden Dangers of Many Church Van

The Hidden Dangers of Many Church Van

Summer is a popular time for church retreats, which can be a wonderful time for a church community to gather, bond, plan, have a great time, etc. Unfortunately, actually getting to the retreat can be very dangerous if your church is…
May 23
Memorial Day Weekend: Safety Tip

Memorial Day Weekend: Safety Tip

Memorial Day weekend is almost here and over 34 million Americans will travel in excess of 50 miles for the Memorial Day holiday. Unfortunately, all those cars on the roads means more accidents. The risk of dying in a car accident…
May 16
The 100 Deadliest Days: Advice for Parents of Teen Driver

The 100 Deadliest Days: Advice for Parents of Teen Driver

We are about to enter the Deadliest Days for teen drivers. The days between Memorial Day and Labor Day are the most dangerous and deadly for teen drivers. Throughout the year, teen drivers ages 16 to 17 are three times more likely…

Rank this Week: 2668

New York Commercial and…

New York Commercial and Construction Lawyer Blog

Covers business and insurance law. By Rich, Intelisano & Katz, LLP.

http://www.newyorkcommercialconstructionlawyer.com/

Jun 1
Recent Case Law Suggests That The Impact of the Prompt Payment Act May Be Limited

Recent Case Law Suggests That The Impact of the Prompt Payment Act May Be Limited

When the New York Prompt Payment Act (“PPA”) was first enacted (effective 1/14/2003), many believed that it would have a major impact on the payment process in the construction industry. That has not been the case. United States…
Jan 3
Varying Interpretations of Lien Law Section 3’s Consent Requirement

Varying Interpretations of Lien Law Section 3’s Consent Requirement

Last September, the New York Court of Appeals granted a motion for leave to appeal the Fourth Department’s decision in Ferrera v. Peaches Café LLC, 138 A.D.3d 1391, 30 N.Y.S.3d 765 (4th Dep’t 2016). In Peaches, the Fourth…
Oct 27
How Contract Drafting Effects the Establishment of a Lien Fund

How Contract Drafting Effects the Establishment of a Lien Fund

According to the New York Lien Law, a mechanic’s lienor who is a subcontractor may only recover on its lien claim if it can establish there is a Lien Fund. That means the lienor must establish that funds were due and owing from the…

Rank this Week: 2523

Share Lawyer’s Blog

Covers long term or short term disability insurance law in Canada.

http://www.sharelawyers.com/blog/

Jun 1
Industrial Alliance Denies LTD Claim of Project Manager

Industrial Alliance Denies LTD Claim of Project Manager

If you are a project manager covered under Industrial Alliance whose claim for long term disability benefits has been denied, here a few things that you might find helpful: • The fact that your claim has been denied does not mean that…
Jun 1
Ask A Lawyer: Frequent and Common Questions About Chronic Fatigue Syndrome

Ask A Lawyer: Frequent and Common Questions About Chronic Fatigue Syndrome

Chronic Fatigue Syndrome is a long term illness that affects your ability to function with a constant feeling of being tired, pain, digestive problems, and problems focusing. (This condition is also known as systemic exertion intolerance…
Jun 1
Tips To Help You Feel Rested

Tips To Help You Feel Rested

The exact causes of Chronic Fatigue Syndrome (CFS) is still unknown, although there are various theories about where the condition stems from. For those suffering from CFS, the cycle of constant fatigue and restless sleep can be a daunting…

Rank this Week: 2681

Saavedra Goodwin Blog

Covers insurance claims.

http://www.saavlaw.com/blog/

May 31
Florida Homeowners Successfully Appeal Denial of Coverage for Water Damage

Florida Homeowners Successfully Appeal Denial of Coverage for Water Damage

Water damage claims often lead to disputes between homeowners and their insurance companies. Policy language that seems clear can become ambiguous when applied within the context of an unexpected loss; and, while homeowners may expect their…
May 24
Homeowner’s Insurance Claims: When Should You Invoke Your Right to an Appraisal?

Homeowner’s Insurance Claims: When Should You Invoke Your Right to an Appraisal?

If you have filed a property damage claim with your homeowner’s insurance company and you are struggling to receive payment, one option you have available is to invoke your right to an appraisal. This right is uniformly granted to both…
May 17
Creating an Inventory of Lost Property After a Storm or Theft

Creating an Inventory of Lost Property After a Storm or Theft

When you file a property loss insurance claim as a homeowner or business owner, you typically have a number of post-loss responsibilities that you must meet in order to prevent your insurance company from justifiably denying your claim. If…

Rank this Week: 2173

Schwartz Law PC Blog

Covers disability insurance claim and bad faith information.

https://schwartzlawpc.com/blog/

May 30
MetLife Told By Federal Appeals Court To Pay AD&D Claim

MetLife Told By Federal Appeals Court To Pay AD&D Claim

After losing his leg due to a car accident, Mr. Dowdy filed a claim for benefits under a group coverage accidental death and dismemberment policy he received as a benefit of his employment. The group insurance policy, underwritten by…
May 22
Department of Labor New Long-Term Disability Claims Regulations: A Mixed Bag For Claimant

Department of Labor New Long-Term Disability Claims Regulations: A Mixed Bag For Claimant

Originally scheduled to take effect on January 1, 2018, the Department of Labor finalized new ERISA regulations which govern, among other things, long-term disability claims. The regulation went into effect on April 1 of this year. I…
May 14
UNUM Targets Its Most Disabled Claimant

UNUM Targets Its Most Disabled Claimant

In a recent nationwide scheme, UNUM is ratcheting up its scrutiny of insureds who have been disabled for extended periods of time, resulting in claim terminations and buyout offers. UNUM consists of many different insurance companies,…

Rank this Week: 4532

Specialty Insurance Blog

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

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

May 29
What is Social Engineering Fraud?

What is Social Engineering Fraud?

Social engineering fraud is a significant and growing threat for most businesses, along with ransomware, and some recent variations are proving sophisticated and costly. Comprehensive Cyber Risk Insurance is an important protection, but…
May 15
Reservation of Rights Letter

Reservation of Rights Letter

If you make a claim under a Professional Liability insurance policy (E&O, D&O, EPL, Cyber) there is a strong possibility that you will receive a reservation of rights letter from the insurer. You will probably consider whether you…
May 1
Ransomware Cyber Attacks On the Rise

Ransomware Cyber Attacks On the Rise

Ransomware attacks are increasing and becoming more destructive. Comprehensive Cyber Risk Insurance is essential to provide financial protection, but some policies do not provide full coverage for ransomware and cyber crime.

Rank this Week: 318

Physician Law

Features news, updates, and tips on legal issues affecting physicians and non-institutional providers. By Fox Rothschild LLP.

http://physicianlaw.foxrothschild.com/

May 29
New “Medical Device Safety Action Plan” Intended to Modernize FDA’s Approach to Device Safety

New “Medical Device Safety Action Plan” Intended to Modernize FDA’s Approach to Device Safety

In April, the FDA released its “Medical Device Safety Action Plan,” a short to mid-term vision for increasing the safety of medical devices. In it, the FDA acknowledges that enhancements and changes in its approach to device…
May 18
(Ride)Sharing is Caring

(Ride)Sharing is Caring

The transportation landscape in America has evolved and these developments are now impacting health care. With about 75 percent of the U.S. population living in a county with access to an on-demand ride-hailing service, many patients are…
Apr 19
CMS Announces New Initiatives for Innovating Patient Care

CMS Announces New Initiatives for Innovating Patient Care

Last month, CMS Administrator Seema Verma announced several initiatives to innovate the delivery of patient care at the ground level. In collaboration with the Trump Administration and other federal agencies, CMS is taking steps to…

Rank this Week: 3918

New Jersey Insurance Coverage…

New Jersey Insurance Coverage Litigation

By Eugene Killian, Jr.

http://www.newjerseyinsurancecoveragelitigation.com

May 22
Insurance coverage (or maybe not) for computer fraud

Insurance coverage (or maybe not) for computer fraud

In the world of insurance, computers are the new “environmental.” Let me explain. Back in the 1980s, the insurance industry, recognizing the magnitude of exposure it faced for environmental liabilities, embarked on a public…
Apr 17
Insurance Coverage for Employee Theft

Insurance Coverage for Employee Theft

Sadly, it’s a scenario I’ve seen far too many times in the past 30 years of doing insurance coverage work. A trusted employee in the bookkeeping or accounting department isn’t properly supervised or audited, and begins…
Mar 22
Understanding business interruption insurance

Understanding business interruption insurance

Math has never been my strong suit. My wife, who has an M.B.A., sometimes shakes her head at my unsuccessful attempts to balance our checkbook. And I still remember sitting in my 10th Grade Algebra class with Ms. Babiak at Watchung Hills…

Rank this Week: 2404

Insurance Policyholder Law Blog

Covers legal developments affecting policyholders. By Neal Gerber Eisenberg.

http://www.policyholderinsurancelaw.com/

May 20
Jill Berkeley & Seth Lamden Article "To the Policy Limits and Beyond" Published in The Brief

Jill Berkeley & Seth Lamden Article "To the Policy Limits and Beyond" Published in The Brief

Jill Berkeley and Seth Lamden recently authored the article "To the Policy Limits and Beyond," published in the Spring 2018 issue of The Brief, American Bar Association Tort Trial & Insurance Practice Section, Vol. 47, No. 3. Click here…
May 20
Seth Lamden Presents on "Emerging Coverage B Claims" at the ACCEC Annual Meeting

Seth Lamden Presents on "Emerging Coverage B Claims" at the ACCEC Annual Meeting

On May 18, 2018, Seth Lamden spoke on the panel "Emerging Coverage B Claims" at the 2018 American College of Coverage and Extracontractual Counsel Annual Meeting, in Chicago. The panel discussed the emerging body of law concerning Coverage B…
Apr 18
Beware of Blanket Additional Insured Endorsements That Require Contractual Privity

Beware of Blanket Additional Insured Endorsements That Require Contractual Privity

It is a common practice in the insurance industry for a project owner to require the general contractor to provide additional insured status to other entities, such as construction managers, that do not have a direct contract with the general…

Rank this Week: 1549

Coverage Counsel

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

http://nycoveragecounsel.blogspot.com/

May 20
How to Abandon Your Complaint in New York (and Kiss Your $22,000 Subro Claim Goodbye)

How to Abandon Your Complaint in New York (and Kiss Your $22,000 Subro Claim Goodbye)

SUBROGATION – CPLR § 3215(C) – DEFAULT PROCEEDINGS NOT TAKEN WITHIN ONE YEAR Selective Auto. Ins. Co. of NJ a/s/o Pine v. Nesbitt(1st Dept., 5/17/2018)New York CPLR § 3215(c) states:(c) Default not entered…
Apr 23
Summary Judgment to Homeowners Insurer on Insured's Failure to Reasonable Care to Maintain Heat Affirmed By Third Department

Summary Judgment to Homeowners Insurer on Insured's Failure to Reasonable Care to Maintain Heat Affirmed By Third Department

HOMEOWNERS – FREEZING EXCLUSION – REASONABLE CARE TO MAINTAIN HEAT Stephenson v. Allstate Indem. Co.(3rd Dept., 4/19/2018)The insured single-family residence was unoccupied from December 2013 through…
Apr 15
Burden of Proving Exception to Exclusion Falls on Insured

Burden of Proving Exception to Exclusion Falls on Insured

COMMERCIAL GENERAL LIABILITY – BURDEN OF PROOF – EXCEPTION TO EXCLUSION Corbel Constr. Co. v Arch Specialty Ins. Co.(2nd Dept., 4/11/2018)Not much factually to see here. General contractor (Corbel) sues its own GL…

Rank this Week: 384

The Finn Blog

Covers structured settlements and related products and services from the insurance and legal communities.

http://www.finnfinancialgroup.com/learn-more/blog/

May 18
Yanny or Laurel Justice

Yanny or Laurel Justice

May 18, 2018 – Have you caught wind of this Yanny/Laurel thing yet? There are few things that can cause you to question your own sanity more than being positively convinced of something that others are equally convinced is untrue. I…
May 2
A Cure for the CD Blue

A Cure for the CD Blue

May 2, 2018 – Stored lovingly in the back of a closet in my house rests a box filled with vinyl record albums of (mostly) rock ‘n’ roll artists whose music I listened to growing up. From The Allman Brothers Band to The…
Apr 11
New Structured Settlement Video

New Structured Settlement Video

April 11, 2018 – Courtesy of our friends at Pacific Life, we’re happy share with you today a new educational video designed to help plaintiffs answer a few very basic questions they’re likely to ask themselves when in the…

Rank this Week: 2466

California Insurance Lawyer Blog

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

http://www.californiainsurancelawyerblog.com/

May 12
Kantor & Kantor Restores Long Term Disability Benefits for Fibromyalgia Client

Kantor & Kantor Restores Long Term Disability Benefits for Fibromyalgia Client

In January of 2018, Judge Lawrence O’Neil issued a scathing ruling against Sun Life Financial, finding that it acted arbitrarily and capriciously when denying Ms. Vicki Young’s claim for ongoing disability benefits, and awarding…
May 11
Mental Health Awareness Month Blog Serie

Mental Health Awareness Month Blog Serie

Today, in our second Mental Health Awareness Month (“MHAM”) blog, we feature a story shown on April 23, 2018, on NBC Nightly News. The story features the Binion family who lost their son Jordan (“Jordy”) to suicide…
May 10
When Your Safety Net Fail

When Your Safety Net Fail

Insurance is our safety net. It’s our protection against the unthinkable. Our first line of defense when something goes wrong. Our safeguard for our health and our finances. Our security for our family and our homes. Our precaution…

Rank this Week: 3700

Policyholder Perspective

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

http://www.farellacoveragelaw.com/

May 8
Navigating the Autonomous-Vehicle Liability Water

Navigating the Autonomous-Vehicle Liability Water

While experts debate how quickly autonomous vehicles (AVs) will take over our roads, there is little doubt they will be a fixture in the next decade. Fully self-driving vehicles are predicted to substantially reduce the accident rate, given…
Feb 5
Ninth Circuit Affirms Carrier Had Duty to Defend Employment Class Action

Ninth Circuit Affirms Carrier Had Duty to Defend Employment Class Action

Fewer and fewer companies in California have insurance coverage for “wage and hour” claims, i.e. claims for failure to pay overtime, failure to provide meal and rest periods, and failure to provide accurate itemized wage…
Jan 11
A Policyholder Perspective on the Unique Challenges of a Three-Way Mediation

A Policyholder Perspective on the Unique Challenges of a Three-Way Mediation

I recently participated in a negotiation with an insurer who had denied coverage for an underlying errors and omissions claim in the mid-seven figures. The insurer’s counsel and I exchanged stern letters, each explaining why our…

Rank this Week: 790

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