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ACA Review

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

http://www.acareview.com/

Dec 6
Plan Your Changes before Changing Your Plan

Plan Your Changes before Changing Your Plan

There’s a comically profound scene in the second “Madagascar” movie. Penguin (management) and monkey (union) committees are negotiating a labor contract. After the monkeys seem to have secured what they want,…
Dec 6
“Whoaaa, Nellie!” Before Submitting Form 14765 …

“Whoaaa, Nellie!” Before Submitting Form 14765 …

Entering a football stadium many years ago, your nimble correspondent encountered unarmed security contractors wearing uniforms featuring the company logo – a big, red bull’s-eye – on the front of the baseball cap and on the…
Nov 22
IRS Form 14764: Response to Proposed Assessment of 2015 Employer Mandate Tax

IRS Form 14764: Response to Proposed Assessment of 2015 Employer Mandate Tax

On November 17, the IRS published the Form that Applicable Large Employers must use to respond to IRS letters regarding proposed assessment of 2015 employer mandate taxes. Form 14764 is a paper, mail-in “ESRP Response” that…

Rank this Week: 2242

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 Claim

“Sealed Container” Defense does not Apply to UCC Breach of Warranty Claim

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

“Sealed Container” Defense does not Apply to UCC Breach of Warranty Claim

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).…
Jul 26
Alabama Federal District Court Holds Insurer Has No Bad Faith Liability to Third Party Beneficiary

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…

Rank this Week: 4493

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: 1899

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: 2362

Badfaithadvisor.com

Covers insurance bad faith litigation, coverage litigation, and other news and items helpful to insurance law practitioners. By C.J. Haddick of Dickie, McCamey, & Chilcote, PC.

https://badfaithadvisor.com

Mar 7
Guest Column – Attorney David Cole: The Proper Care & Feeding Of A Bad Faith Litigation Expert

Guest Column – Attorney David Cole: The Proper Care & Feeding Of A Bad Faith Litigation Expert

In its unanimous opinion in Rancosky v. Washington National Insurance Company, 170 A.3d 364 (Pa. 2017), the Pennsylvania Supreme Court confirmed the elements of an insurance bad faith action under Pennsylvania’s bad faith…
Feb 28
CJ Haddick Guests On A.M. Best’s “Updates In Insurance and Bad Faith Podcast”

CJ Haddick Guests On A.M. Best’s “Updates In Insurance and Bad Faith Podcast”

A.M. Best has published the most recent episode of its Updates In Insurance Coverage and Bad Faith podcast earlier today, in which I discuss some recent developments in insurance coverage and bad faith law with the show’s host, John…
Feb 14
PRESS RELEASE: Haddick Featured Guest on National AM Best Insurance Podcast

PRESS RELEASE: Haddick Featured Guest on National AM Best Insurance Podcast

Contact: Greta Kelly, Assoc. Marketing Director Dickie, McCamey & Chilcote 412-392-5311 gkelly@dmclaw.com Dickie McCamey Attorney Haddick is Featured Speaker on National Podcast February 2018 (Harrisburg, PA)…

Rank this Week: 1639

Berg Plummer Johnson & Raval, LLP…

Berg Plummer Johnson & Raval, LLP Blog

Covers Texas insurance law.

http://www.bergplummer.com/blog/

Apr 29
Fifth Circuit Court Reverses the Denial of Accidental Death Insurance Benefits in a West Nile Virus Case

Fifth Circuit Court Reverses the Denial of Accidental Death Insurance Benefits in a West Nile Virus Case

On March 22, 2018, the Fifth Circuit Court of Appeals — in Wells v. Minnesota Life Insurance Co., where the defendant-insurer denied accidental death coverage to the plaintiff under her husband’s accidental death mortgage…
Mar 23
Fifth Circuit Court Overrules the Abuse of Discretion Standard in ERISA Denial of Benefits Case

Fifth Circuit Court Overrules the Abuse of Discretion Standard in ERISA Denial of Benefits Case

On March 1, 2018, the en banc Fifth Circuit Court of Appeals — in Ariana M. v. Humana, an ERISA health benefits case where the plan administrator denied benefits — ruled in favor of our plan participant client, Ariana M., and in…
Feb 27
What Constitutes Material Breach in Texas?

What Constitutes Material Breach in Texas?

Determining whether a contract has been breached is fundamental to business disputes in Texas and elsewhere. Oftentimes, breach of contract is not intended by either party. In fact, the contract itself may be interpreted by the…

Rank this Week: 1895

Boston ERISA & Insurance…

Boston ERISA & Insurance Litigation Blog

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

http://www.bostonerisalaw.com/

Apr 27
At the Intersection of the NFL Draft, ERISA, Divorce, Venue and Spousal Benefit

At the Intersection of the NFL Draft, ERISA, Divorce, Venue and Spousal Benefit

Is there a more hyped sporting event with less substance than the NFL Draft? Does everyone on the internet drive traffic to their sites by linking to the draft if at all possible? Well, of course the answer to both questions is yes, and so I…
Apr 4
Uber, Behavioral Economics, Choice Architecture and Trial Work

Uber, Behavioral Economics, Choice Architecture and Trial Work

There is a lot of discussion on whether lawyers should be required to have at least a certain degree of competency with technology as a core skill set, on a par with, for instance, the rules of evidence. Personally, I am not convinced of the…
Mar 29
Notes (and a Prediction) on the Supreme Court Argument on Church Plan

Notes (and a Prediction) on the Supreme Court Argument on Church Plan

I have used this anecdote before, so you can jump ahead if you have either read something where I have written it before or heard a talk of mine where I have said it, but if you haven’t, I have always thought it is a good lead in to any…

Rank this Week: 1375

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: 2080

Bryant Legal Group PC News &…

Bryant Legal Group PC News & Resources

Covers insurance benefits and claims.

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

Jun 22
How Disability Benefits Are Affected By Other Forms of Recovery

How Disability Benefits Are Affected By Other Forms of Recovery

Accidents that give rise to disabilities — whether in the workplace or elsewhere — may seem complicated by the presence of multiple sources of compensation. If you have been injured in a motor vehicle accident, for example,…
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…

Rank this Week: 1789

California Insurance Defense

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

http://californiainsurancedefense.wordpress.com/

May 8
Grammar and the Law: Use the Restrictive Comma; It Adds Clarity: Fail to Use It, And Pay the Price

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

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

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

Many of us had an English teacher that taught us that adding the final comma to a list was not necessary so we didn’t need to do it. And if you writing or reading for pleasure, and dollars and cents … Continue reading →
Mar 14
The Best Defense Is A Good Setoff

The Best Defense Is A Good Setoff

If you got it, of course. Today, I’m talking about the common law doctrine of setoff as it applies in California litigation. Contractual offsets are a different topic for another day, such as offsetting worker’s compensation payments from…

Rank this Week: 3573

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: 4111

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 21
A District Court Rejects Insurer’s Denial of a Long-Term Disability Claim Based Only on a Paper Review of Medical Records and Blind Adherence to the Dictionary of Occupational Title

A District Court Rejects Insurer’s Denial of a Long-Term Disability Claim Based Only on a Paper Review of Medical Records and Blind Adherence to the Dictionary of Occupational Title

A “battle of the experts” is common in legal disputes. But what happens when your doctor determines you are disabled and unable to work, while the insurer’s doctor determines you are not disabled based on a review of…
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…

Rank this Week: 4284

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: 3960

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 21
No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case

No Refund For You! Voluntary Payment Defense Precludes Class Certification in Florida Red Light Camera Case

Florida’s Fifth District Court of Appeal (“Fifth DCA”) upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the…
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…

Rank this Week: 2407

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: 322

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: 860

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 21
The United States Fifth Circuit And ERISA

The United States Fifth Circuit And ERISA

The United States 5th Circuit Court of Appeals has never found sufficient claims procedure abuse to warrant a change in the standard of review from abuse of discretion to a preponderance of the evidence in an Employee Retirement Income…
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…

Rank this Week: 4528

Declarations and Exclusions

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

http://www.declarationsandexclusions.com/

Nov 3
BLAWG REVIEW #325.8 <br>"May There Be No Moaning of the Bar"

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

~~~ Sunset and evening star, And one clear call for me! And may there be no moaning of the bar, When I put out to sea, * * * Twilight and evening bell, And after that the dark! And may...
Apr 2
Blawg Review #315

Blawg Review #315

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

Marc Randazza: The Mark of Excellence

You will recall, perhaps, that I am a defendant in The Litigation Commonly Known as Rakofsky v. Internet. I have not posted updates on the case since last October, principally because the case was subject to a stay order. With the stay in…

Rank this Week: 795

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: 2433

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: 1694

First Party Property Insurance…

First Party Property Insurance Blog

Covers first party property insurance claims. By Todd Legal.

http://firstpartyproperty.com/blog/

Oct 30
Sharing the CaseGlide Vision: Building the Future of Insurance Claim

Sharing the CaseGlide Vision: Building the Future of Insurance Claim

Overview: Our Current Focus: we have linked the smartest claims people with the smartest technology people. With that behind us, we are dedicating all of our resources to building the leading claims analytics and predictive…
Aug 26
Tropical Storm Erika Projected to Make Landfall in Florida Soon

Tropical Storm Erika Projected to Make Landfall in Florida Soon

Tropical Storm Erika may be making landfall in Florida early next week. Here is a recap of the other most important facts: the current winds are at 45 MPH its moving swiftly west at 17MPH Erika is expected to remain a tropical storm with…
Aug 2
A Rude Awakening: the 2015 Florida Homeowners Insurance Litigation Alarm

A Rude Awakening: the 2015 Florida Homeowners Insurance Litigation Alarm

Don’t you wish you were in your bed, with your pillow and your comforter? Imagine the blinds are dropped all the way to the window sill. They’re tilted in a way that not one flicker of light shines in. I know. Its painful to think…

Rank this Week: 2221

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: 3877

Georgia Insurance Defense Lawyer…

Georgia Insurance Defense Lawyer Blog

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

http://www.georgiainsurancedefenselawyer.com/

Dec 1
COURT OF APPEALS ALLOWS A VAGUE “DEMAND LETTER” TO GET PAST SUMMARY JUDGMENT IN AN INSURED’S CLAIM FOR NEGLIGENT OR BAD FAITH REFUSAL TO SETTLE

COURT OF APPEALS ALLOWS A VAGUE “DEMAND LETTER” TO GET PAST SUMMARY JUDGMENT IN AN INSURED’S CLAIM FOR NEGLIGENT OR BAD FAITH REFUSAL TO SETTLE

Posted by Lee Pruett In Hughes v. First Acceptance Ins. Co. of Georgia, Case No. A17A0735 (Ga. Ct. App., Nov. 2, 2017), the Georgia Court of Appeals held that a jury must decide whether two inexplicit letters sent simultaneously to the…
Jul 14
SUMMARY JUDGMENT IN RAINY DAY SLIP & FALLS MAY BE A THING OF THE PAST

SUMMARY JUDGMENT IN RAINY DAY SLIP & FALLS MAY BE A THING OF THE PAST

Posted by Susan J. Levy In Duff v. Bd. Of Regents of the Univ. Sys. Of Georgia, No. A17A0438 (May 24, 2017), Plaintiff, a student at Georgia Perimeter College (“GPC”), exited a classroom and slipped and fell on rainwater tracked…
Apr 14
LANDLORD NOT LIABLE FOR DECK COLLAPSE AT RENTAL HOME

LANDLORD NOT LIABLE FOR DECK COLLAPSE AT RENTAL HOME

In Aldredge v. Byrd, No. A17A0281, 2017 WL 1180469 (Ga. Ct. App. Mar. 30, 2017) the Georgia Court of Appeals held that a landlord was not liable for the collapse of a deck on his rental property. The renters hosted a barbeque in the…

Rank this Week: 818

Grimshaw Blog

Covers construction and insurance issues in New Zealand. By Grimshaw & Co.

http://www.grimshaw.co.nz/news-resources/

May 1
Freezing Order

Freezing Order

Grimshaw & Co recently obtained a freezing order in the High Court, in the context... The post Freezing Orders appeared first on Grimshaw.
Mar 19
Grimshaw & Co’s new offices help them remain at the cutting edge of technology

Grimshaw & Co’s new offices help them remain at the cutting edge of technology

Grimshaw & Co has always been a law firm that’s “going places” – but seldom... The post Grimshaw & Co’s new offices help them remain at the cutting edge of technology appeared first on Grimshaw.
Sep 5
Entries open for New Zealand’s leading literary fellowship

Entries open for New Zealand’s leading literary fellowship

Applications for the 2018 Grimshaw Sargeson Fellowship are now open. In its 31st year, the... The post Entries open for New Zealand’s leading literary fellowship appeared first on Grimshaw.

Rank this Week: 2101

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/

Oct 15
The increased use

The increased use

The increased use of non-standard forms in the personal lines market makes it more difficult for consumers to make an informed decision when purchasing insurance. Consumers are no longer buying essentially the same scope of coverages. …
Oct 10
Download Nova Cas. Co v.

Download Nova Cas. Co v.
Oct 10
THE NON-DELEGABLE DUTY

THE NON-DELEGABLE DUTY

On October 1, 2010, the Second District Court of Appeal issued an important and instructive opinion on the pleading requirements for asserting a claim for breach of non-delegable duties. Gunn Law Group and Gunn Appellate Practice successfully…

Rank this Week: 3734

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: 1709

Insurance Bad Faith Blog

By Charles Surrano.

http://www.surranoinsurancebadfaith.com/blog/

Rank this Week: 1651

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: 2847

Insurance Defense Blog

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

http://www.insurancedefenseblog.us/

Nov 25
A Modest Proposal Concerning Legal Education

A Modest Proposal Concerning Legal Education

There have been proposals to shorten the time it takes to get a law school degree, and the grounds for these proposals are usually that law school is very expensive, and law students graduate with a ton of debt and then cannot find legal jobs…
Feb 12
Crime stats and map - Fairfax County, Virginia

Crime stats and map - Fairfax County, Virginia

Here is a link to a crime mapping website, that will give you the date, location, and type of crimes reported in Fairfax County for any date range. http://www.fairfaxcounty.gov/policeevent... Makes me wonder if any other jurisdictions around…
Nov 20
A handy unofficial website that does a…

A handy unofficial website that does a statewide search of all Virginia circuit courts BUT FFX and Alexandria. http://vacircuitcourtsearch.com/

Rank this Week: 3018

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: 3269

InsureBlog

Covers insurance news.

http://insureblog.blogspot.com/

Jun 22
Does Medicare Pay for Routine Physicals?

Does Medicare Pay for Routine Physicals?

I get this question a lot. "Does Medicare pay for routine physical exams? I hear they are not covered".I don't know who started this rumor but I wish they would stop.Original Medicare includes a "Welcome to Medicare" physical exam. As long as…
Jun 21
Px: Revisited

Px: Revisited

Px as in pre-ex, as in Pre-existing conditions. We generally define these as health issues for which we are currently being treated, or have been in the recent past. As we know, ObamaCare requires health insurance plans to cover these…
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…

Rank this Week: 567

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 22
Rhode Island Legislature Contemplating Clarification to State’s Legacy Transfer Program

Rhode Island Legislature Contemplating Clarification to State’s Legacy Transfer Program

In 2015, the Rhode Island Department of Business Regulation (“DBR”) implemented the state’s Insurance Business Transfer Act (“IBT”) (“Regulation 68”), which permits insurers to transfer commercial…
Jun 21
Connecticut is Taking Serious Steps to Evaluate and Improve its Insurance Industry Workforce

Connecticut is Taking Serious Steps to Evaluate and Improve its Insurance Industry Workforce

Earlier this month Connecticut Governor Malloy signed Senate Bill No. 198 into law. SB 198 establishes a task force, made up of twelve members, to study and develop strategies to develop, expand and improve the insurance industry workforce in…
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.

Rank this Week: 144

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/

Dec 16
How do you spell "Pyrrhic victory"?

How do you spell "Pyrrhic victory"?

A new post. It's only been like a year and a half. Anyway, there's a new Appellate Division case you should read.Matter of Carothers v GEICO Indem. Co., __ A.D. 3d, __, 2010 NY Slip Op 09256 (2d Dep't, 2010).
Jul 30
Coverage Counsel

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…
Jul 23
Provider EUO

Provider EUO

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…

Rank this Week: 1366

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: 1961

Kentucky Tort and Insurance Law…

Kentucky Tort and Insurance Law Blog

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

http://kytortjournal.com

Sep 27
Businesses are Responsible for Injuries from Misusing Caution Sign

Businesses are Responsible for Injuries from Misusing Caution Sign

Kentucky Accident Information has a new post discussing how businesses are still responsible for injuries when they misuse or overuse yellow caution signs to warn of dangers on their property. The article discusses not only the…
Sep 19
Insurer Can’t Use Medical Review to Deny No Fault Benefits.

Insurer Can’t Use Medical Review to Deny No Fault Benefits.

The Court of Appeals recently decided Houchens v. GEICO, a case that questioned whether a reparations obligor in Kentucky is entitled to utilize “paper reviews,” which are not tendered to nor reviewed by a court, as the…
Sep 7
Court of Appeals Clarifies Law Regarding Apportionment for Third Party Defendants.

Court of Appeals Clarifies Law Regarding Apportionment for Third Party Defendants.

The Kentucky Court of Appeals recently published two cases dealing with apportionment involving third-party defendants that are of interest. In the case of Memorial Sports Complex, LLC v. McCormick, et al., the Court was required to…

Rank this Week: 741

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: 2274

Los Angeles Insurance Lawyer Blog

Covers insurance law. By Haffner Law PC.

http://www.losangelesinsurancelawyerblog.com/

Aug 21
The California Supreme Court Clarifies The Role Of Attorneys’ Fees In Calculating Punitive Damages In An Insurance Bad Faith Action

The California Supreme Court Clarifies The Role Of Attorneys’ Fees In Calculating Punitive Damages In An Insurance Bad Faith Action

Because of the unique nature of an insurance contract, under California law, the unreasonable delay or denial of policy benefits gives rise to a tort cause of action for insurance bad faith. A tort claim for insurance bad faith, as…
Aug 21
The California Supreme Court Clarifies The Role Of Attorneys’ Fees In Calculating Punitive Damages In An Insurance Bad Faith Action

The California Supreme Court Clarifies The Role Of Attorneys’ Fees In Calculating Punitive Damages In An Insurance Bad Faith Action

Because of the unique nature of an insurance contract, under California law, the unreasonable delay or denial of policy benefits gives rise to a tort cause of action for insurance bad faith. A tort claim for insurance bad faith, as…
Jul 23
California Law Imposes On Insurance Companies A Duty To Settle Anytime There Is A Risk Of A Verdict In Excess Of Policy Limit

California Law Imposes On Insurance Companies A Duty To Settle Anytime There Is A Risk Of A Verdict In Excess Of Policy Limit

When a person is sued, they may have liability insurance that covers them by providing a defense and policy funds to settle the lawsuit. Often there may be an opportunity to settle the case but the insurance company unreasonably refuses to do…

Rank this Week: 530

Louisiana Insurance Litigation…

Louisiana Insurance Litigation Blog

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

http://www.louisianainsurancelitigation.com/

Sep 19
Flood Damages: Filing and Proving Your Claim

Flood Damages: Filing and Proving Your Claim

Over the last six months, south Louisiana residents and businesses have experienced unprecedented flooding events that exposed many property owners to the difficult process of filing a flood related insurance claim. While some of us learned…
Sep 19
Flood Damages: Filing and Proving Your Claim

Flood Damages: Filing and Proving Your Claim

Over the last six months, south Louisiana residents and businesses have experienced unprecedented flooding events that exposed many property owners to the difficult process of filing a flood related insurance claim. While some of us learned…
Aug 21
THE OCTOBER 1, 2013, REAL ESTATE CRASH!

THE OCTOBER 1, 2013, REAL ESTATE CRASH!

If you thought the CDO caused a real estate crash that could have been avoided with proper regulation, you are going to be pleased to know that the next example of why voters are sick and tired of Washington ineptness is upon us and it could…

Rank this Week: 3651

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: 1146

Massachusetts Workers'…

Massachusetts Workers' Compensation Attorney Blog

Covers workers' compensation, injury and insurance law. By Troupe Law Offices.

http://www.massachusettsworkerscompensationattorneyblog.com/

Jan 3
My Employer Wants Me To Return To Work But I Am Still Injured

My Employer Wants Me To Return To Work But I Am Still Injured

What to do when your Employer tries to get you to return to work? You’ve sustained an injury on the job causing you to go out of work. You are currently receiving workers’ compensation benefits. You’ve been…
Jan 3
My Employer Wants Me To Return To Work But I Am Still Injured

My Employer Wants Me To Return To Work But I Am Still Injured

What to do when your Employer tries to get you to return to work? You’ve sustained an injury on the job causing you to go out of work. You are currently receiving workers’ compensation benefits. You’ve been…
Dec 28
How Does A “Disability Pension” Through My Employer Affect My Workers’ Comp Benefits?

How Does A “Disability Pension” Through My Employer Affect My Workers’ Comp Benefits?

How Does A Disability Pension Through My Employer Affect My Workers’ Comp Benefits? This is a very common scenario. Many times, a public Employee who sustains a work-related injury is entitled to a “Disability Pension”…

Rank this Week: 2342

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: 2603

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

Dec 28
The Humor in Parenting a Child With Special Need

The Humor in Parenting a Child With Special Need

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. Indeed, the idea that…
Dec 28
The Humor in Parenting a Child With Special Need

The Humor in Parenting a Child With Special Need

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. …
Oct 13
On Big Gifts in Small Package

On Big Gifts in Small Package

I struggled a bit for a title for this post, and I’m still not sure I got it right (but I’m thinking there might not be a “right” title for this one). Anyway . . . . Despite my best efforts to “catch up” on Columbus Day, this…

Rank this Week: 4236

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: 3947

New Jersey Insurance Blog

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

http://njinsuranceblog.com

Apr 18
When Will It End: Anti-Assignment Clause No Bar to Post-Loss Claim Assignment

When Will It End: Anti-Assignment Clause No Bar to Post-Loss Claim Assignment

Introduction When will it end is a refrain that must be on many liability insurers’ minds when it comes to liability under commercial general liability policies issued decades ago. Many such policies contain anti-assignment…
Apr 8
Made in America: Insurer Has No Duty to Defend Insured Falsely Advertising Origin of its Product

Made in America: Insurer Has No Duty to Defend Insured Falsely Advertising Origin of its Product

In a recent case, the United States District Court for the District of New Jersey held that an insured had no duty to defend an insured accused of falsely advertising the origin of its product. Albion Engineering Company, a New Jersey…
Mar 31
Behind the Wall: Court Holds Domestic Violence Is Particularly Reprehensible

Behind the Wall: Court Holds Domestic Violence Is Particularly Reprehensible

Liability insurance policies do not provide coverage for injuries resulting from conduct that is “particularly reprehensible.” As a general rule, coverage is barred where the insured had an intent to injure. In most…

Rank this Week: 431

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: 2061

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