Carol Gerner

Carol Gerner

Sedgwick LLP

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Connecticut Supreme Court’s Insurer-Friendly Decision on Data Breach Incident

On January 27, 2014, the Sedgwick Insurance Law Blog posted the following summary entitled, “ Highway Data Dump – Who are You Going to Call to Recover $6 Million?,” addressing the appellate decision in Recall Total Info....more

5/28/2015 - Commercial General Liability Policies CT Supreme Court Data Breach Duty to Defend Umbrella Policies

TCPA Exclusion Upheld: No Ambiguity, No Duty to Defend or Indemnify for a $10 Million Judgment

In James River Insurance Company v. Med Waste Management LLC, et al., Case No. 1:13-cv-23608-KMM, (U.S. Dist. S. D. Fla., September 22, 2014), the U.S. District Court for the Southern District of Florida upheld a Telephone...more

9/24/2014 - Advertising Advertising Injury Class Action Commercial General Liability Policies Faxes Policy Exclusions Settlement TCPA

The Affordable Care Act – Where are We Now

With the passing of the March 31st deadline for the initial open-enrollment under the Affordable Care Act (“ACA” or “ObamaCare”), the resignation of Health and Human Services (HHS) Secretary Kathleen Sebelius, and the...more

5/15/2014 - Affordable Care Act Contraceptive Coverage Mandate Data Breach HHS Hobby Lobby IRS Kathleen Sebelius Open Enrollment Personally Identifiable Information Privacy Concerns

The Check’s in the Mail - Who Is Responsible for Payment in a Delegated-Network System?

In today’s healthcare system, reimbursement issues involve not only prompt pay statutory provisions but also various risk-shifting arrangements included in a delegated-network system of managed care. When the insolvency of...more

5/14/2014 - Health Insurance Healthcare HMOs Physician Payments Reimbursements

It’s All in the Delivery – Proper Renewal Saves Millions

In Windmill Nursing Pavilion Ltd. v. Cincinnati Ins. Co., (No. 1-12-2431), the Illinois Court of Appeals concluded that under Ohio law, Cincinnati Insurance Company (“Cincinnati”) provided sufficient notice to its insured,...more

2/14/2014 - TCPA Unitherm Unsolicited Faxes

Like a Rolling Stone – You Don’t Always Get What You Want

On June 4, 2013, the Second Circuit Court of Appeals ruled in favor of excess insurers and against former directors and officers (collectively, the “Directors”) when it concluded that the excess insurers did not have to “drop...more

6/10/2013 - Indemnification Insurers Liability Payment Plans Third-Party

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