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California Insurance Lawyer Blog

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

http://www.californiainsurancelawyerblog.com/

Aug 28
What You Need To Know If Insurance Denies Coverage For Your Prescription Medication

What You Need To Know If Insurance Denies Coverage For Your Prescription Medication

Many people know that at Kantor & Kantor, LLP we help clients when their insurance company denies coverage life insurance claims, long-term disability claims, and eating disorder treatment claims. At Kantor & Kantor, LLP we also…
Aug 16
Why Appeal A Health Claims Denial… and How to Do It Right

Why Appeal A Health Claims Denial… and How to Do It Right

Why should I appeal? By appealing a claims denial, you are challenging the insurance company’s decision to deny benefits. Even if you think your appeal will not be approved, you should still appeal: To get treatment records considered.…
Aug 14
Chronic Pain is disabling

Chronic Pain is disabling

Many of our clients suffer from chronic pain. For some, chronic pain is a symptom of an underlying condition, and for others it is the main condition. In in either case, chronic pain can be and often is disabling. Because so many…

Rank this Week: 25

The D & O Diary

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

http://www.dandodiary.com/

Sep 18
Insurance Coverage for Subpoena Response Cost

Insurance Coverage for Subpoena Response Cost

One of the perennial D&O insurance coverage questions is the issue of whether or not the D&O policy provides coverage for costs incurred in responding to a subpoena, as I have discussed in prior posts (refer here and here).…
Sep 17
Thinking About the Growth of Third-Party Litigation Financing

Thinking About the Growth of Third-Party Litigation Financing

Third-party litigation funding has its critics and detractors (refer, for example, here and here). The fact is that third-party litigation funding is now well-established and is here to stay. A recent survey by one of the leading funding…
Sep 14
Guest Post: Criminal Finances Act 2017: The Broadening of Corporate Accountability

Guest Post: Criminal Finances Act 2017: The Broadening of Corporate Accountability

The UK Criminal Finances Act 2017 will go into effect on September 30, 2017. This new law will make corporate organizations criminally liable for the failure to prevent tax evasion by an “associated person.” In the following guest…

Rank this Week: 95

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/

Sep 18
Mind the Gap! Hurricanes may have significant impact on Gap coverage

Mind the Gap! Hurricanes may have significant impact on Gap coverage

Some estimates peg the number of cars flooded by Hurricane Harvey at more than a half million. So too, the number of flooded cars following Irma will be legion.
Sep 14
Notice of Withdrawal of Proposed Amendments to the Illinois Insurance Department Consumer Complaints Rule

Notice of Withdrawal of Proposed Amendments to the Illinois Insurance Department Consumer Complaints Rule

The Illinois Department of Insurance (“DOI”) has issued a notice of withdrawal of its proposed amendments to the Illinois Insurance Department Consumer Complaints Rule (50 Ill. Adm. Code 926) that were described in our January 9,…
Sep 14
Florida Governor Scott Orders Freeze on Property and Casualty Rate Increase

Florida Governor Scott Orders Freeze on Property and Casualty Rate Increase

On Tuesday, September 12th, Florida Governor Rick Scott directed Insurance Commissioner David Altmaier to “freeze any and all efforts” to increase property insurance rates.

Rank this Week: 145

Property Insurance Coverage Law…

Property Insurance Coverage Law Blog

Covers property insurance coverage matters. By Merlin Law Group.

http://www.propertyinsurancecoveragelaw.com/

Sep 19
Tropical Storm Watch Issued for Parts of Long Island and Connecticut

Tropical Storm Watch Issued for Parts of Long Island and Connecticut

In advance of Hurricane Jose, a tropical storm watch was issued for parts of the Long Island and Connecticut. Although the storm is expected to stay out to sea, the area is expecting rain, rough surf, and wind and beach erosion. As we have…
Sep 18
Time Limitations in Virgin Islands Insurance Claims After Hurricane Irma

Time Limitations in Virgin Islands Insurance Claims After Hurricane Irma

As I noted in my previous blog, Business Interruption Will Play Big Role in Rebuilding the U.S. Virgin Islands After Irma, the devastation caused by Hurricane Irma in the U.S. Virgin Islands is staggering. To make matters worse, the powerful…
Sep 18
Hurricane Irma Claims Statistics Released by the Florida Department of Insurance

Hurricane Irma Claims Statistics Released by the Florida Department of Insurance

Florida’s Office of Insurance Regulation obtains claims information from insurance carriers and releases them to the public. Here is its first release regarding Hurricane Irma: These numbers are derived from information provided by…

Rank this Week: 189

Coverage Counsel

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

http://nycoveragecounsel.blogspot.com/

Mar 26
No-Fault Insurer Found Entitled to Breakdown of What Hospital Services Constituted Necessary Emergency Health Service

No-Fault Insurer Found Entitled to Breakdown of What Hospital Services Constituted Necessary Emergency Health Service

NO-FAULT – NECESSARY EMERGENCY HEALTH SERVICES – STABILIZATION – INTOXICATION-CAUSED INJURIESSt. Barnabas Hospital v. Government Employees Insurance Company(Sup. Ct., Nassau Co., decided 2/1/2017)Once upon a time (before…
Mar 21
What Does It Mean To "Reside" for Insurance Purposes?

What Does It Mean To "Reside" for Insurance Purposes?

PROPERTY – RESIDENCY REQUIREMENT – CHANGE IN OCCUPANCY – AGENT LIABILITYHarrison v. Allstate Indemnity Co.(Sup. Ct., Steuben Co., decided 3/3/2017)In 2009 plaintiffs moved 5-6 miles from the insured dwelling, their home…
Mar 18
The Updated Should-You-Wish-to-Complain-About-Your-Insurance-Company Advisory Paragraph

The Updated Should-You-Wish-to-Complain-About-Your-Insurance-Company Advisory Paragraph

I've blogged several times about the consumer advisory paragraph of New York Insurance Regulation 64 (11 NYCRR Part 216). Personal Lines insurers that do business in New York State should know that Regulation 64 requires…

Rank this Week: 281

Texas Injury Law Blog

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

http://www.txinjuryblog.com/

Oct 18
Fears Nachawati is Representing Former NFL Players in Concussion Related Case

Fears Nachawati is Representing Former NFL Players in Concussion Related Case

Fears Nachawati is proudly representing former NFL players and their families in the tragic cases of CTE and other concussion related injuries. If you or someone you care about is a former NFL player, please contact us at…
Oct 18
Fears Nachawati Signs Former NFL Star Player Mel Gray in Concussion Related Case

Fears Nachawati Signs Former NFL Star Player Mel Gray in Concussion Related Case

Fears Nachawati is proudly representing former NFL players and their families in the tragic cases of CTE and other concussion related injuries. Mel Gray, 12 year NFL veteran of the St. Louis Cardinals, is the newest player to be represented.…
Oct 4
Fears Nachawati Attorneys Selected to 2016 Super Lawyers List

Fears Nachawati Attorneys Selected to 2016 Super Lawyers List

Fears Nachawati Law Firm is proud to announce that Partner Majed Nachawati has been selected to the 2016 Texas Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by receive this honor.…

Rank this Week: 462

Disability Insurance Legal…

Disability Insurance Legal Resource

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

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

Sep 18
Attorney Derek Funk Named in Top Valley Lawyers 2017

Attorney Derek Funk Named in Top Valley Lawyers 2017

North Valley Magazine has named Comitz | Beethe’s Derek Funk as a Top Valley Lawyer for 2017. The list was compiled using a third-party attorney ranking system and showcases only 35 of the area’s leading attorneys.
Sep 11
Spine-Related Musculoskeletal Conditions – Part 4 – Spondylolisthesi

Spine-Related Musculoskeletal Conditions – Part 4 – Spondylolisthesi

In this series of blog posts, we have been reviewing spine-related musculoskeletal conditions. The next condition we will be looking at is spondylolisthesis. Spondylolisthesis Definition: Occurs when a vertebra (typically in the…
Sep 4
What is a Neuropsychological Evaluation? – Part 4

What is a Neuropsychological Evaluation? – Part 4

This is the last post in our series of posts about neuropsychological evaluations. We will conclude this series by discussing (1) why an insurance company would ask for an exam, and (2) how a neuropsychological evaluation can impact…

Rank this Week: 843

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

Sep 14
Workers’ Compensation Pilot Program Targets Opioid-Related Issues for Massachusetts Worker

Workers’ Compensation Pilot Program Targets Opioid-Related Issues for Massachusetts Worker

Injured workers, like others dealing with pain, may turn to painkillers such as OxyContin and Vicodin to alleviate their symptoms. Throughout the nation, and particularly in Massachusetts, workers’ compensation systems are…
Sep 7
Massachusetts Company Faces Nearly $300,000 Penalty for Serious Hazards After Temporary Worker Suffers Injurie

Massachusetts Company Faces Nearly $300,000 Penalty for Serious Hazards After Temporary Worker Suffers Injurie

The Health and Safety Act of 1970 makes clear that employers must provide all workers a safe place to work, free from potential hazards. In a recent press release, the Department of Labor’s Occupational Safety and Health…
Aug 24
Industrial Review Board Finds Judge Mischaracterized Medical Evidence and Massachusetts Employee’s Claim for Benefits Must be Reassigned to New Judge

Industrial Review Board Finds Judge Mischaracterized Medical Evidence and Massachusetts Employee’s Claim for Benefits Must be Reassigned to New Judge

A recent decision by the Massachusetts Department of Industrial Accidents, Review Board, held that an Administrative Judge’s decision awarding benefits to an injured employee must be recommitted and reassigned to a different judge,…

Rank this Week: 983

The Insurance & Reinsurance Report

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

http://www.insurerereport.com/

Sep 12
DFS Partially Clarifies Who Qualifies for an Exemption Under Cybersecurity Regulation

DFS Partially Clarifies Who Qualifies for an Exemption Under Cybersecurity Regulation

By the terms of 23 NYCRR 500.19(e), Covered Entities that have determined they qualify for a limited exemption from compliance under 23 NYCRR 500.19(a)-(d) of New York’s new Cybersecurity Regulation — as of August 28, 2017 —…
Sep 12
“Twisting in the Wind: Covered Agreement Dangling by Uncertainty and Politics,” AIRROC Matter

“Twisting in the Wind: Covered Agreement Dangling by Uncertainty and Politics,” AIRROC Matter

In an article for AIRROC Matters, Frederick J. Pomerantz examines the uncertain status of the “Covered Agreement,” a novel multilateral insurance agreement between the United States and the European Union. Early…
Sep 6
Insurer Scores a Slam Dunk in TCPA Suit Before the Ninth Circuit

Insurer Scores a Slam Dunk in TCPA Suit Before the Ninth Circuit

A recent decision by the Ninth Circuit is sure to catch the eye of insurers for its favorable reasoning rejecting coverage as well as a potential warning sign that policyholders are seeking coverage for Telephone Consumer Protection Act…

Rank this Week: 596

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/

Sep 8
ALI Reinsurance Restatement Takes Another Step Towards Approval

ALI Reinsurance Restatement Takes Another Step Towards Approval

Following last May’s tumultuous decision by the American Law Institute to defer a final vote on its proposed Restatement of Law, Liability Insurance, the Restatement reporters have been busy drafting new text to meet the concerns that…
Aug 16
Certain Underwriters v. Mass. Bonding and Ins. Co. Court of Appeals Decision

Certain Underwriters v. Mass. Bonding and Ins. Co. Court of Appeals Decision

The Oregon Court of Appeals delivered a decision in the Publications – OpinionsCOA2017 ((A156649) Certain Underwriters v. Mass. Bonding and Ins Co). The trial court’s decision to dismiss London’s contribution claims…
Jul 20
Noncumulation Clause Results in “All Sums” Allocation for Long-Tail Environmental Liabilitie

Noncumulation Clause Results in “All Sums” Allocation for Long-Tail Environmental Liabilitie

By David M. Knapp, Ward Greenberg Heller & Reidy LLP Applying the New York Court of Appeal’s landmark Viking Pump decision for the first time, the Second Circuit recently held that an “all sums” allocation applied to…

Rank this Week: 899

Schwartz Law PC Blog

Covers disability insurance claim and bad faith information.

https://schwartzlawpc.com/blog/

Aug 29
Cyber Fraud Insurance Coverage: More Coverage Than You Think!

Cyber Fraud Insurance Coverage: More Coverage Than You Think!

A recent decision by a New York federal judge in the burgeoning area of cyber coverage has significantly expanded the scope of covered losses that involve scams or theft by the hackers and scammers in cyberspace.The name of the case is…
Aug 15
Filing in Federal or State Court? The Answer May Significantly Affect Your Case

Filing in Federal or State Court? The Answer May Significantly Affect Your Case

When suing for long-term disability benefits, an important choice for your lawyer is whether to file the lawsuit in federal court or state court. New York State provides an interesting contrast for the purpose of evaluating this choice: Jury…
Jul 31
Insurance Companies Beware of Bad Faith Denials of Claims in the State of Washington

Insurance Companies Beware of Bad Faith Denials of Claims in the State of Washington

This is an important, recent decision from the Supreme Court of the State of Washington, its highest court, involving a personal injury situation arising from a homeowner’s claim. The name of the case is Xia v. Probuilders Specialty…

Rank this Week: 519

Springfield Injury Lawyer Blog

Covers Illinois personal injury, medical malpractice and workers compensation law. By Ackerman Law Office, P.C.

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

Aug 20
Claim Splitting in Illinoi

Claim Splitting in Illinoi

Claim Splitting The appellate court addressed claims splitting in Dinerstein vs. Evanston Athletic Clubs, Inc. In Dinerstein the plaintiff filed suit involving an injury at a health club. The injury occurred when plaintiff was climbing a…
Jun 29
Governmental Immunity

Governmental Immunity

Government entities are generally allowed immunity on many torts. This makes filing suit against a county or municipal government difficult. An example of that is Monson vs. City of Danville. In Monson the plaintiff fell on property owned by…
May 14
Protecting Access to Care Act of 2017

Protecting Access to Care Act of 2017

HR 1215 advancing through the house, the subject of medical neglect to come up again. HR 15 would limit noneconomic damages to $250,000 on medical neglect claims throughout the country. This would affect states’ rights to decide their…

Rank this Week: 958

Insurance Class Actions Insider

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

http://www.insuranceclassactions.com/

Aug 17
Medicare Secondary Payer Act Class Action

Medicare Secondary Payer Act Class Action

There have been a substantial number of putative class actions filed recently against insurers involving the Medicare Secondary Payer Act (MSPA). These cases are typically filed by assignees of Medicare advantage organizations that have paid…
Aug 15
Class Action Involving Application of Deductible to Actual Cash Value Payment

Class Action Involving Application of Deductible to Actual Cash Value Payment

An emerging issue in class action litigation against the insurance industry involves an attempt by plaintiffs’ attorneys to argue that insurers should not be permitted to apply any deductible to payments made on an actual cash value…
Aug 14
Update on Labor Depreciation Class Action

Update on Labor Depreciation Class Action

There have been two recent federal district court decisions in the widespread class action litigation involving the application of depreciation to the labor cost component of replacement cost value on property insurance claims. (For…

Rank this Week: 1023

Florida Insurance Law Blog

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

http://www.floridainsurancelawblog.com/

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.…
Feb 28
Reverse Mortgages and Mortgage Servicing: What we continue to learn is disturbing

Reverse Mortgages and Mortgage Servicing: What we continue to learn is disturbing

Last September, I posted about reverse mortgages here. We agreed to represent our client, Mrs. Gravlin 4 days before the trial was scheduled in the foreclosure action. She had a reverse mortgage, they were foreclosing on her (despite…

Rank this Week: 982

CyberInquirer

Covers developments in cyber law and insurance. By Richard J. Bortnick.

http://cyberinquirer.com

May 1
7th Circuit Court of Appeals finds Article III Standing for P.F. Chang’s Plaintiff

7th Circuit Court of Appeals finds Article III Standing for P.F. Chang’s Plaintiff

On April 14, 2016, the Court of Appeals for the Seventh Circuit reinstated plaintiffs’ action against P.F. Chang’s restaurant chain that arose out of the well-reported breach of payment card information. The action was previously…
Apr 24
Insurers: Assert Your Subrogation Right

Insurers: Assert Your Subrogation Right

The following column was first published in 2012. It is as fresh today as it was then. Its time to take it to heart. Rick It is axiomatic to say that insurance products evolve. Indeed, like virtually every organic structure, its development,…
Apr 13
Fourth Circuit Rules GL Insurer Has Duty To Defend Data Breach Claim

Fourth Circuit Rules GL Insurer Has Duty To Defend Data Breach Claim

In a brief, unpublished decision, the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling that Travelers must defend Portal Healthcare Solutions in an underlying lawsuit involving the disclosure of confidential medical records on…

Rank this Week: 804

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.californiainsurancelitigation.com

Nov 8
Insurance Companies Must Show "Substantial Prejudice" to Deny Claims for a Failure to Comply With the Proof of Loss Requirement

Insurance Companies Must Show "Substantial Prejudice" to Deny Claims for a Failure to Comply With the Proof of Loss Requirement

Following the August 2009 Station Fire, the lawsuits of over 1,440 policyholders filed against Fire Insurance Exchange (“FIE”) and related insurers were consolidated into one case – Henderson v. Farmers Group, Inc., __ Cal.App.4th __,…
Nov 2
Insurance Agents May Be the Key to Insurer Liability

Insurance Agents May Be the Key to Insurer Liability

The Thursday November 1, 2012 edition of the Los Angeles Daily Journal featured Robert McKennon and Reid Winthrop’s front-page article entitled: “Insurance Agents Key to Insurer Liability.” In it, Mr. McKennon and Mr.
Oct 15
The Ninth Circuit Amends Opinion in Du v. Allstate removing policyholder friendly language

The Ninth Circuit Amends Opinion in Du v. Allstate removing policyholder friendly language

We recently wrote about a policyholder friendly opinion by the Ninth Circuit Court of Appeals that seemingly held that an insurer’s duty of good faith and fair dealing, which is implied in every contract of insurance, may be violated by the…

Rank this Week: 999

InsureBlog

Covers insurance news.

http://insureblog.blogspot.com/

Sep 19
Yeah, about that promise

Yeah, about that promise

You may recall it:Well...First, in email from Anthem:"Small Group plans will not be offered on SHOP in 2018Anthem will no longer offer Small Group plans on the federally-facilitated SHOP (Small Business Health Options Program) Marketplace in…
Sep 18
More ObamaPlan Anecdata

More ObamaPlan Anecdata

So, two (more) examples:■ Email from Betty:"Don't know if you'll remember me, but in April/May 2016 you had helped me evaluate health insurance for me with my husband retiring. It ended up that going through his COBRA was the best…
Sep 15
LifeLock: Color me underwhelmed

LifeLock: Color me underwhelmed

So, the Equifax risk-checking tool confirmed that I was likely part of that elite group of 143 million Americans whose info was hacked. I'd been looking for an excuse to pull the trigger on LifeLock, so popped over (using the special IB link…

Rank this Week: 1286

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/

Sep 19
Life Insurance Beneficiary — Spouse

Life Insurance Beneficiary — Spouse

What are some of the rules related to the naming of a spouse as the beneficiary in a life insurance policy? One spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent a showing of…
Sep 17
Persons Entitled To Life Insurance Benefit

Persons Entitled To Life Insurance Benefit

Who is entitled to life insurance benefits? This may seem an easy answer and is most of the time, but not always. According to the Texas Supreme Court and Texas Insurance Code, Section 1103.102, the designated beneficiary of a life…
Sep 16
Life Insurance – Effective Date

Life Insurance – Effective Date

It is not an issue seen often by life insurance lawyers, but it does come up. When is the date coverage is in effect? Most policies expressly state the “effective date” of coverage. This date may be earlier than, or…

Rank this Week: 4481

Financial Institutions Legal…

Financial Institutions Legal Snapshot

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

http://www.financialinstitutionslegalsnapshot.com/

Sep 19
Insurance exclusion for ‘that particular part’ on which ‘performing operations’ (US)

Insurance exclusion for ‘that particular part’ on which ‘performing operations’ (US)

The insured subcontracted a builder to build 53 prefabricated modular units for its residential blindness rehabilitation facility. The insurer denied an indemnity for water damage under a partly completed roof saying that the applicable…
Sep 17
Revised competency standards for pharmacists published for comment

Revised competency standards for pharmacists published for comment

The South African Pharmacy Council has published revised competency standards for pharmacists for public comment. As the statutory body responsible for regulating the pharmacy profession in South Africa, the Pharmacy Council first developed a…
Sep 14
Court restates principles relating to the duty of utmost good faith in insurance contracts (UK)

Court restates principles relating to the duty of utmost good faith in insurance contracts (UK)

A UK court has found that an insurer is entitled to avoid a policy where the insured had misrepresented the state of repair of the insured property and failed to disclose malicious acts and vandalism which had the effect of increasing the…

Rank this Week: 2041

Reinsurance Focus

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

http://reinsurancefocus.com/

Sep 18
SEVENTH CIRCUIT AFFIRMS DISMISSAL OF POST-LIQUIDATION REINSURANCE CLAIM AS TIME-BARRED

SEVENTH CIRCUIT AFFIRMS DISMISSAL OF POST-LIQUIDATION REINSURANCE CLAIM AS TIME-BARRED

We previously posted on the trial court’s ruling addressing the statute of limitations in this case on June 23, 2016. By way of background, the underlying contract between the insurer and the reinsurer required the insurer to calculate…
Sep 17
FIRST CIRCUIT UPHOLDS ARBITRATOR’S DENIAL OF ARBITRABILITY OF REINSURANCE AGREEMENT, FINDING NO MANIFEST DISREGARD OF THE LAW

FIRST CIRCUIT UPHOLDS ARBITRATOR’S DENIAL OF ARBITRABILITY OF REINSURANCE AGREEMENT, FINDING NO MANIFEST DISREGARD OF THE LAW

Mountain Valley Property, Inc (MVP) entered into a three-year reinsurance participation agreement with Applied Underwriters Captive Risk Assurance Co. Inc. (AUCRA), which contained a mandatory arbitration clause as well as a Nebraska…
Sep 13
FOURTH CIRCUIT REVERSES RULING THAT REINSURANCE AGREEMENT IS AN “INSURANCE CONTRACT” UNDER VIRGINIA LAW

FOURTH CIRCUIT REVERSES RULING THAT REINSURANCE AGREEMENT IS AN “INSURANCE CONTRACT” UNDER VIRGINIA LAW

Applying the doctrine of judicial estoppel, a district court refused to compel arbitration finding that the arbitration clause in a reinsurance agreement was unenforceable under a Virginia statute that voided a mandatory arbitration clause in…

Rank this Week: 1972

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/

Sep 18
Attorney Derek Funk Named in Top Valley Lawyers 2017

Attorney Derek Funk Named in Top Valley Lawyers 2017

North Valley Magazine has named Comitz | Beethe’s Derek Funk as a Top Valley Lawyer for 2017. The list was compiled using a third-party attorney ranking system and showcases only 35 of the area’s leading attorneys.
Sep 11
Spine-Related Musculoskeletal Conditions – Part 4 – Spondylolisthesi

Spine-Related Musculoskeletal Conditions – Part 4 – Spondylolisthesi

In this series of blog posts, we have been reviewing spine-related musculoskeletal conditions. The next condition we will be looking at is spondylolisthesis. Spondylolisthesis Definition: Occurs when a vertebra (typically in the…
Sep 4
What is a Neuropsychological Evaluation? – Part 4

What is a Neuropsychological Evaluation? – Part 4

This is the last post in our series of posts about neuropsychological evaluations. We will conclude this series by discussing (1) why an insurance company would ask for an exam, and (2) how a neuropsychological evaluation can impact…

Rank this Week: 1753

Hunton Insurance Recovery Blog

Provides updates, analysis and breaking news for commercial policyholders.

https://www.huntoninsurancerecoveryblog.com/

Sep 18
Florida Office Of Insurance Regulation Enters Emergency Order Regarding Hurricane Irma Claim

Florida Office Of Insurance Regulation Enters Emergency Order Regarding Hurricane Irma Claim

Following the devastation of Hurricane Irma, the Florida Office of Insurance Regulation has entered an emergency order regarding insurance procedures for residential property policies to assist policyholders and streamline the claims process.…
Sep 18
Court Dismisses One Of Poultry Farm’s Claims For “Remediation Costs,” Leaves The Other Intact

Court Dismisses One Of Poultry Farm’s Claims For “Remediation Costs,” Leaves The Other Intact

A federal district court judge has dismissed one of a poultry farm’s claims for “remediation costs” against its insurer with prejudice, but allowed the other to proceed. In Rembrandt Enterprises, Inc. v. Illinois Union…
Sep 18
Hunton Insurance Recovery Team Head Discusses Hurricane Losse

Hunton Insurance Recovery Team Head Discusses Hurricane Losse

Hunton & Williams’ Insurance Recovery Team Head, Walter Andrews, was spotlighted in an article published in the Houston Chronical last week regarding insurance for losses from Hurricanes Harvey and Irma. While the storms were…

Rank this Week: 2025

Social Security Disability Lawyer…

Social Security Disability Lawyer Blog

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

http://www.socialsecuritydisabilitylawyerblog.net/

Sep 18
Reopening a Prior Administrative Law Judge Denial: The Res Judicata Doctrine

Reopening a Prior Administrative Law Judge Denial: The Res Judicata Doctrine

And so you find yourself in the position of having pursued your Social Security disability claim for years. You’ve applied and been denied repeatedly, and finally in front of an Administrative Law Judge (ALJ). Now you…
Sep 13
Treating Physicians and their Role in the Social Security Disability Proce

Treating Physicians and their Role in the Social Security Disability Proce

There is nothing more frustrating when representing someone in their Social Security disability claim than hearing that a longstanding medical provider is not willing to address a residual functional capacity questionnaire. These forms…
Sep 7
The Social Security Disability Program is Non-Adversarial

The Social Security Disability Program is Non-Adversarial

Contrary to the beliefs of many who have been denied their Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) benefits, it is important to understand that the Social Security disability program set up to…

Rank this Week: 1705

Bad Faith Blog

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

http://www.badfaithblog.net/

Sep 18
We Would Like to Hear from You

We Would Like to Hear from You

There are many loyal readers of the Bad Faith Blog in St. Louis, Kansas City, Chicago, New York, San Francisco, Los Angeles, London and many places in between. In order to better meet your needs, we encourage you to contact us and tell us…
Aug 18
Michigan Supreme Court: UTPA Penalty Interest Proper for Untimely UIM Benefit Payment

Michigan Supreme Court: UTPA Penalty Interest Proper for Untimely UIM Benefit Payment

Summary: Insured injured in a car accident claimed underinsured motorist (UIM) benefits because the adverse driver was insufficiently insured. The insured asked the court to assess penalty interest under the Uniform Trade Practices Act (UTPA)…
Aug 7
Iowa Supreme Court Ruling Provides Partial Relief to Comp Carrier

Iowa Supreme Court Ruling Provides Partial Relief to Comp Carrier

Summary: Toby Thornton filed a lawsuit against his employer’s insurer, American Interstate Insurance, alleging common law bad faith for denying his claim for permanent and total disability (PTD) and his request for partial commutation…

Rank this Week: 1604

Property Casualty Focus

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

http://propertycasualtyfocus.com/

Sep 18
Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

Despite No Allegations of Bad Faith or Tortious Conduct, Liberty Mutual Owes Millions for Breaching the Duty to Defend

In Hyland v. Liberty Mutual Fire Ins. Co., No. 1:15-cv-01264-JES-JEH, 2017 WL 3388161 (C.D. Ill. Aug. 7, 2017), the U.S. District Court for the Central District of Illinois granted plaintiff’s motion for summary judgment for breach of…
Sep 1
Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the Third Circuit…
Aug 28
Texas Appeals Court affirms Class Certification in Case Alleging Roofer Violated Insurance Code

Texas Appeals Court affirms Class Certification in Case Alleging Roofer Violated Insurance Code

Texas homeowners Joe and Stacci Key sued their roofer, Lon Smith Roofing Contractors (“LSRC”), alleging LSRC violated the Texas Insurance Code by acting as an unlicensed public insurance adjustor. The trial court granted class…

Rank this Week: 1825

Physician Law

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

http://physicianlaw.foxrothschild.com/

Sep 18
Proposed New Jersey Regulation would Restrict Pharma Gifts to Prescriber

Proposed New Jersey Regulation would Restrict Pharma Gifts to Prescriber

Gov. Christie’s Administration recently proposed a regulation to curtail the prescription of unnecessary opioid painkillers. Christie, who serves as the Chairman of President Trump’s Commission on Combating Drug Addiction…
Aug 2
Pennsylvania Begins Physician Registration for Medical Marijuana

Pennsylvania Begins Physician Registration for Medical Marijuana

As first reported on our sister blog, “In the Weeds” (post accessible here), on July 26, 2017, the Pennsylvania Department of Health opened its Medical Marijuana Practitioner Registry. Physicians licensed in…
Jul 18
CMS Predicts that Physicians participating in Advanced APMs in 2017 will receive a 5% Incentive Payment in 2019

CMS Predicts that Physicians participating in Advanced APMs in 2017 will receive a 5% Incentive Payment in 2019

Under CMS’s new Quality Payment Program, which will adjust Medicare Part B payments starting in 2019 based on data from this year, physicians and other eligible clinicians must qualify for one of two…

Rank this Week: 4167

San Francisco Injury Lawyer Blog

Covers personal injury law. By Brod Law Firm.

http://www.sanfranciscoinjurylawyerblog.com/

Sep 15
UPS Workers File Wrongful Death Suit Following Workplace Shooting

UPS Workers File Wrongful Death Suit Following Workplace Shooting

In June 2017, an armed United Parcel Service (UPS) employee entered into a package delivery warehouse in San Francisco and began shooting. Three UPS workers were killed and two were wounded. An additional three employees were hurt while…
Sep 13
What Happens When Someone Buys Your Apartment Building?

What Happens When Someone Buys Your Apartment Building?

Apartment buildings or rental houses and condos are typically investment properties for the landlords. As with any investment, there may come a time when it is better for the landlord to sell than to hold on to it. This means that one day,…
Sep 11
Medicare Audit Reveals Elder Abuse and Neglect

Medicare Audit Reveals Elder Abuse and Neglect

An audit conducted by Daniel Levinson, Inspector General of the U.S. Department of Health and Human Services, found that elder abuse and neglect is a significant concern for Medicare beneficiaries and that the Medicare program currently has…

Rank this Week: 3537

Policyholder Pulse

Covers insurance law. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.policyholderpulse.com/

Sep 14
Understanding Business Interruption Insurance and Wide-Impact Catastrophe

Understanding Business Interruption Insurance and Wide-Impact Catastrophe

In the wake of Hurricanes Harvey and Irma, policyholders can expect insurers to put forward strong objections to some of the most consequential claims asserted by insureds. In a recent client alert, our colleagues Joe Jean, Geoffrey Greeves…
Sep 12
Riddell, Inc. v. Superior Court: Insurers Flagged for Unsportsmanlike Conduct

Riddell, Inc. v. Superior Court: Insurers Flagged for Unsportsmanlike Conduct

California law has long held that an insurer may not use declaratory relief or other tactics to prejudice the defense of its policyholder in an underlying lawsuit. But in their zeal to avoid coverage, and despite California Supreme Court…
Sep 9
Hurricane Harvey and Irma: Is Your Company Prepared for a Disaster?

Hurricane Harvey and Irma: Is Your Company Prepared for a Disaster?

An unexpected or catastrophic loss can force any company out of business, even if it is insured. You must understand your company’s risks and how your insurance policies cover those risks in order to manage them and maintain…

Rank this Week: 2022

Policyholder Perspective

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

http://www.farellacoveragelaw.com/

Sep 14
Insurance Broker Series: Stephen Leveroni, ABD Insurance and Financial Service

Insurance Broker Series: Stephen Leveroni, ABD Insurance and Financial Service

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of…
Sep 7
Insurance Broker Series: Cris Christensen, ABD Insurance and Financial Service

Insurance Broker Series: Cris Christensen, ABD Insurance and Financial Service

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of…
Sep 1
Insurance Broker Series: Winnie Van, ABD Insurance and Financial Service

Insurance Broker Series: Winnie Van, ABD Insurance and Financial Service

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of…

Rank this Week: 3827

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/

Sep 14
“Understanding Your IRS Notice or Letter”

“Understanding Your IRS Notice or Letter”

That’s the title of a web page that employers may find helpful upon receipt of an IRS communication asserting liability for employer mandate taxes under Code § 4980H. It should have an official notice (“CP”)…
Sep 7
Go for Launch in 10, 9, 8 …

Go for Launch in 10, 9, 8 …

Does the IRS expect to publish more information about the employer shared responsibility payment procedures? Yes. The IRS expects to publish guidance of general applicability describing the employer shared responsibility payment procedures in…
Aug 16
“Hello? Chicken Little here. Sky’s falling.”

“Hello? Chicken Little here. Sky’s falling.”

We don’t blame you for hearing that whenever someone warns of employer mandate taxes coming your way. Nevertheless, we’re donning the chicken suit once again to keep you aware. This time, we’ll keep it short and…

Rank this Week: 2248

Insurance Policyholder Law Blog

Covers legal developments affecting policyholders. By Neal Gerber Eisenberg.

http://www.policyholderinsurancelaw.com/

Sep 13
Seth Lamden Will Present at the Construction Insurance Conference on November 3, 2017

Seth Lamden Will Present at the Construction Insurance Conference on November 3, 2017

Seth Lamden will present at the Construction Insurance Conference in Washington, D.C. on November 3, 2017.Topics: Construction InsuranceTags: Event
May 22
Seth Lamden Elected to IDC Board of Director

Seth Lamden Elected to IDC Board of Director

Seth Lamden was recently elected to the Illinois Association of Defense Trial Counsel (IDC) Board of Directors. Seth has twice served as Chair of the IDC’s Insurance Law Committee and has been a member of the IDC since 2003. IDC is an…
Feb 2
Seth Lamden Will Present at the 16th Annual Legal Malpractice & Risk Management Conference on March 1

Seth Lamden Will Present at the 16th Annual Legal Malpractice & Risk Management Conference on March 1

Seth Lamden will present at the 16th Annual Legal Malpractice & Risk Management Conference in Chicago on March 1, 2017.Topics: Insurance PolicyholderTags: Event

Rank this Week: 3359

New Jersey Insurance Coverage…

New Jersey Insurance Coverage Litigation

By Eugene Killian, Jr.

http://www.newjerseyinsurancecoveragelitigation.com

Sep 12
Is Lloyd’s of London a racketeering enterprise?

Is Lloyd’s of London a racketeering enterprise?

I have a fair amount of experience in litigating coverage disputes under Lloyd’s of London policies. Let’s just say that, because of the labyrinthine structure of the organization (if it IS an “organization”), pursuing…
Aug 10
Forum selection clauses in insurance policie

Forum selection clauses in insurance policie

My wife has been pestering me to get out of an unused gym membership for some time. See, as a lawyer, I probably shouldn’t admit this, but I neglected to read the small print in the contract. It said that, unless I canceled in…
Jun 28
New Developments in Insurance Broker Liability

New Developments in Insurance Broker Liability

We had a broker liability case not long ago involving a manufacturing facility on the banks of the Hudson River that got wiped out by Sandy. The client had no flood coverage. We argued that, under the particular circumstances of…

Rank this Week: 2625

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/

Sep 12
When The Party Is Over For A Party Wall

When The Party Is Over For A Party Wall

A recent case from Supreme Court, New York County, clarifies a limit to the rights of a property owner that shares a party wall with a neighbor who redevelops its site without relying on the party wall. The post When The Party Is Over For A…
Jul 24
Willful Exaggeration Standard Remains High

Willful Exaggeration Standard Remains High

For those in the construction industry, mechanics’ liens are sure to be a familiar occurrence. And, for those who have ever had a project of theirs liened, they will be aware of the tenacity of these legal devices. Mechanics’…
Apr 26
Recovery Pitfalls In Home Improvement Dispute

Recovery Pitfalls In Home Improvement Dispute

General Business Law § 771 provides a host of requirements for home improvement contracts, chief among them being that such contracts must be in writing and signed by all parties. Additionally, the contract must contain the name,…

Rank this Week: 1716

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/

Sep 12
Insurance Agents E&O & Hurricane

Insurance Agents E&O & Hurricane

Insurance agents & brokers face an increased risk of E&O (errors & omissions) claims from hurricanes and other catastrophes, along with insolvency risk from insurers, and the agency itself may be directly impacted. Good internal…
Aug 29
Healthcare Data Breach Exposure

Healthcare Data Breach Exposure

Healthcare data breach exposures are not all cyber based. Third parties, paper records and fines are also exposures that should be included in a comprehensive Cyber Risk Insurance policy.
Aug 15
Consumer Phishing/Wire Transfer Fraud – a Liability Exposure?

Consumer Phishing/Wire Transfer Fraud – a Liability Exposure?

Consumer phishing/wire transfer fraud is increasing, and may be a growing liability threat for all types of organizations, particularly organizations anticipating receipt of funds from customers by wire transfer. Organizations can implement…

Rank this Week: 1290

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

Sep 11
Judge Rules No Bad Faith In Insurer’s Low But Reasonable Valuation of UM/UIM Claim

Judge Rules No Bad Faith In Insurer’s Low But Reasonable Valuation of UM/UIM Claim

PHILADELPHIA, Aug. 17 – A Pennsylvania state court judge has granted summary judgment in favor of Travco Insurance Company, ruling that a $25,000.00 offer in a UIM claim which later ended in a $45,000.00 arbitration award was not…
Sep 5
Faulty Workmanship Not Occurrence, Travelers No Duty to Defend / Indemnify Real Estate Investment Companies, Federal Judge Rule

Faulty Workmanship Not Occurrence, Travelers No Duty to Defend / Indemnify Real Estate Investment Companies, Federal Judge Rule

PHILADELPHIA, September 1 — A Pennsylvania federal judge granted summary judgment Travelers Insurance last week, ruling it had no duty to defend insured real estate developers who were sued for claims of defective community living…
Aug 31
Attorney Client Privilege Waived In Bad Faith Case Despite No Advice of Counsel Defense, Federal Magistrate Rule

Attorney Client Privilege Waived In Bad Faith Case Despite No Advice of Counsel Defense, Federal Magistrate Rule

HATTIESBURG, Aug. 15 — A federal magistrate judge in Mississippi has ruled Nationwide Insurance must produce documents and that the insurer’s former counsel must produce billing records in a bad faith case related to the handling…

Rank this Week: 1914

Boston Workers Compensation…

Boston Workers Compensation Attorney Blog

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

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

Sep 8
Boston Workers with Settled Workers’ Compensation Claims May Receive Benefits of Pilot Program Instituted to Reduce Drug Addiction

Boston Workers with Settled Workers’ Compensation Claims May Receive Benefits of Pilot Program Instituted to Reduce Drug Addiction

After being alarmed by the incidence of overdoses and deaths among people in the Massachusetts workers’ compensation system, an administrative judge for the Massachusetts Division of Industrial Accidents, Omar Hernandez, wanted to begin…
Aug 22
Massachusetts Review Board Reassigns Case After Judge Adopted Inconsistent Medical Evidence and Mischaracterized Evidence in Support of Finding

Massachusetts Review Board Reassigns Case After Judge Adopted Inconsistent Medical Evidence and Mischaracterized Evidence in Support of Finding

Recently, the Massachusetts Reviewing Board for Industrial Accidents reassigned a case for further findings of fact after determining that the judge had adopted inconsistent medical evidence and had mischaracterized the evidence in support of…
Aug 8
Boston Behavioral Health Facility Cited Over $200K in Fines by OSHA for Exposing Employees to Workplace Dangers and Harm

Boston Behavioral Health Facility Cited Over $200K in Fines by OSHA for Exposing Employees to Workplace Dangers and Harm

All employees are entitled to a workplace free from hazards and dangers. When workers in the Boston area suffer injuries, they are entitled to file a Boston workers’ compensation claim according to Massachusetts law.…

Rank this Week: 2444

Retirement Plan Blog

Covers Employee Benefit Plans, Retirement Programs, Welfare Benefit Plans, Executive Benefits, and Employee Ownership Programs. By National Benefits Services, Inc.

http://www.retirementplanblog.com/

Sep 7
SIMPLE vs. 401(k): November 1 Deadline Approaching

SIMPLE vs. 401(k): November 1 Deadline Approaching

Tax planning as in life can be a series of trade-offs. Whether to have a SIMPLE-IRA vs. a 401(k) plan is one of those trade-offs. And if you currently have a SIMPLE-IRA and want to change to 401(k), then you’ve got a November 1,…
Aug 14
The White Rabbit and ERISA

The White Rabbit and ERISA

It occurred to me after my last post, October 1 401(k) Safe Harbor deadline gets closer, that the White Rabbit could relate to ERISA. The White Rabbit, of course, is the first character Alice meets up with in Lewis Carroll’s classic…
Aug 11
October 1 401(k) Safe Harbor deadline gets closer

October 1 401(k) Safe Harbor deadline gets closer

That’s No. 3 in my Pension Plan Procrastination Perils Proper Personal Planning list. If you want to set up a new Safe Harbor 401(k) plan for 2017, it has to be done by October 1. A Safe Harbor plan permits owners…

Rank this Week: 4109

Tennessee Disability and Life…

Tennessee Disability and Life Insurance Blog

Covers insurance law. By Pepper Law, PLC.

http://www.nashvilleinsurancelawyer.com/

Sep 5
How An Award of Social Security Disability Benefits Can Impact Your ERISA Long-Term Disability Case

How An Award of Social Security Disability Benefits Can Impact Your ERISA Long-Term Disability Case

In lawsuits challenging an ERISA plan’s denial of long-term disability benefits, can claimants who have qualified for Social Security disability benefits use that as evidence in their case? Or, to put it another way, can a…
Aug 9
Recent Court of Appeals Decision Shows How Difficult It Is in Tennessee to Challenge a Beneficiary’s Right

Recent Court of Appeals Decision Shows How Difficult It Is in Tennessee to Challenge a Beneficiary’s Right

Under what circumstances will a court rule that the named beneficiary under a life insurance policy is not entitled to receive the proceeds of the policy? In Estate of Lane v. Courteaux (2017), the Court of Appeals of Tennessee…
Aug 1
What an ERISA Disability Plaintiff Has to Prove to Win Attorney’s Fees in an ERISA Disability Case

What an ERISA Disability Plaintiff Has to Prove to Win Attorney’s Fees in an ERISA Disability Case

Even when plaintiffs win ERISA disability lawsuits, their attorney’s fees can cut into their awards. In some ERISA disability cases, however, plaintiffs can recover their attorney’s fees (and costs) under federal law. What…

Rank this Week: 1933

Grimshaw Blog

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

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

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.
Jul 4
Supreme Court to hear appeal by Southland stadium trust after claim for roof collapse rejected by Court of Appeal

Supreme Court to hear appeal by Southland stadium trust after claim for roof collapse rejected by Court of Appeal

The law on the duty of care owed by councils in relation to building work... The post Supreme Court to hear appeal by Southland stadium trust after claim for roof collapse rejected by Court of Appeal appeared first on Grimshaw.
Jan 23
Effective payment claims and summary judgment

Effective payment claims and summary judgment

A recent High Court decision (Auckland Electrical Solutions Ltd v The Warrington Group Ltd [2016]... The post Effective payment claims and summary judgment appeared first on Grimshaw.

Rank this Week: 2661

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/

Sep 5
Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’…
Aug 30
Still Standing: Ninth Circuit Again Finds Standing in Spokeo Remand

Still Standing: Ninth Circuit Again Finds Standing in Spokeo Remand

The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010. The plaintiff initiated the lawsuit against Spokeo, which aggregates publicly available data about…
Aug 24
Kansas Judge Rejects Discovery From Putative Class Member

Kansas Judge Rejects Discovery From Putative Class Member

A magistrate judge in Kansas denied the defendant’s request to conduct discovery of putative class members via a voluntary questionnaire. Plaintiff Hapka filed a class action against home health care provider CareCentrix stemming from a…

Rank this Week: 1826

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/

Sep 5
NEW Workers’ Compensation Review Contractor (WCRC) Contract Awarded

NEW Workers’ Compensation Review Contractor (WCRC) Contract Awarded

Finally, a new Workers’ Compensation Review Contractor (WCRC) award has been issued. This news comes after several months of work being completed by Provider Resources, the incumbent contractor, under an expired contract. …
Aug 3
Settling a Case in Arizona? What You Need to Know About Full & Final Settlement

Settling a Case in Arizona?  What You Need to Know About Full & Final Settlement

Historically, workers’ compensation claims in Arizona have been subject to a number of limitations. If additional medical treatment was needed, a claimant could reopen a claim at any time, despite the finality and resolution of…
Aug 1
New WCMSA Reference Guide Issued

New WCMSA Reference Guide Issued

As you may be aware, on July 10th, here on our blog we announced the quiet release of a change to CMS’ re-review process. However, as we noted at that time, this process was not formalized by CMS, and had simply been…

Rank this Week: 4300

Share Lawyer’s Blog

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

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

Sep 4
Injury Leads to Disability – Share Lawyers Help

Injury Leads to Disability – Share Lawyers Help

At Share Lawyers we know that living with a disability is very difficult and that in an ideal world, the disabled would be given the benefits they deserve without question. Unfortunately, insurance companies often fight tooth and nail to deny…
Sep 1
Long Term Disability Benefits and C.P.P. Disability – What’s the Difference?

Long Term Disability Benefits and C.P.P. Disability – What’s the Difference?

We often encounter confusion from people regarding LTD vs. CPP, and we hope to clarify the differences with some quick points. General LTD is private insurance available through Group Insurance Benefits, usually through a workplace, or group…
Sep 1
Why Should I Apply for Disability Benefits?

Why Should I Apply for Disability Benefits?

When disaster strikes, our instincts can sometimes lead us astray. This is often the case for people newly diagnosed with a debilitating illness or disability. The situation is so foreign and disruptive that some people begin to worry that…

Rank this Week: 1615

Massachusetts Social Security…

Massachusetts Social Security Disability Lawyers Blog

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

http://www.massachusettssocialsecuritydisabilitylawyersblog.com/

Sep 2
SSDI Claim Review Proce

SSDI Claim Review Proce

Schloesser v. Berryhill Schloesser v. Berryhill, a case from the U.S. Court of Appeals for the Seventh Circuit, involves claimant who worked as a dry curer in a meat processing plant for more than two decades. His job required claimant to…
Aug 31
Substantial Gainful Activity in Boston SSDI Case

Substantial Gainful Activity in Boston SSDI Case

If a claimant is receiving Social Security Disability Insurance (SSDI) benefits, that means he or she is disabled and has worked enough time in the years leading up to becoming disabled to qualify for disability benefits. The first issue is…
Aug 23
Vocational Experts in Boston SSDI Case

Vocational Experts in Boston SSDI Case

In a Social Security Disability Insurance (SSDI) claims case, there is a good chance a claimant will have to have a hearing before an administrative law judge (ALJ). At this hearing, there will likely be a person known as…

Rank this Week: 2363

The Finn Blog

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

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

Aug 31
The Interest Rate Dance

The Interest Rate Dance

August 31, 2017 – Ever since the global financial near-apocalypse of 2009 caused everybody everywhere to rethink everything we thought we knew about money, saving, the market, investing, et cetera, I’ve noticed a pattern here in…
Aug 21
Future Income Balancing Act

Future Income Balancing Act

August 21, 2017 – A lot of people pretend to know a lot about retirement income planning. But few are truly as knowledgeable on the subject as Dr. Wade Pfau, Professor of Retirement Income at The American College and retirement…
May 22
Warren Buffett Talks Structured Settlement

Warren Buffett Talks Structured Settlement

Berkshire Hathaway’s 2017 Annual Meeting Excerpt Warren Buffett Knows (and Likes) Structured Settlements May 22, 2017 – Earlier this month, attendees of Berkshire Hathaway, Inc.’s Annual Meeting witnessed…

Rank this Week: 2465

Michigan Longterm Disability…

Michigan Longterm Disability Insurance Lawyer Blog

Covers ERISA, insurance bad faith, and LTD policy issues. By Serafini, Michalowski, Derkacz & Associates P.C.

http://www.michiganlongtermdisabilityinsurancelawyer.com/

Aug 31
CIGNA reverses LTD denial decision for RN with low back pain

CIGNA reverses LTD denial decision for RN with low back pain

SMDA recently convinced LTD insurer Cigna to overturn its claims denial decision for a registered nurse who developed significant low back pain that prevented her from performing her own occupation. Our client had degenerative…
Jun 28
SMDA convinces LTD Insurer to reverse claims denial decision for Cognitive Issue

SMDA convinces LTD Insurer to reverse claims denial decision for Cognitive Issue

SMDA recently convinced Cigna (Life Insurance Company of North America) to overturn a claims denial decision for an individual who is suffering from significant cognitive deficits as the result of some as yet undiagnosed condition. SMDA…
Mar 3
“Own” vs “Any” Occupation in Long Term Disability Insurance Plan

“Own” vs “Any” Occupation in Long Term Disability Insurance Plan

Almost every Long Term Disability Insurance Policy I have ever reviewed contains a limited period (usually 24 months) of time that it will pay benefits if a claimant is unable to perform the duties of his/her “Own” (see…

Rank this Week: 4063

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