Kurt Melchior

Kurt Melchior

Nossaman LLP

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Latest Publications


Should the Insurance Commissioner Actually Read the Policy Forms Submitted for Approval?

Dave Jones identifies himself to voters as an activist Insurance Commissioner who champions the insurance consumers’ rights. This is the guy who took on the insurance industry practice of side arbitration agreements in...more

10/17/2014 - Department of Insurance Insurance Commissioners

Excess Insurer Contract Language Amounts to Free Pass

Excess insurance is essential to businesses of medium or larger size because it provides catastrophe coverage at much lesser rates per dollar of coverage than primary insurance. There are two main reasons for this: The excess...more

10/9/2014 - Contract Drafting Contract Formation Excess Policies Indemnification Indemnity Agreements

Impact to Calif. Employers From Hobby Lobby Ruling

On June 30, 2014, the U.S. Supreme Court handed down its decision in the Burwell v. Hobby Lobby case, holding that closely held corporations could refuse to provide contraceptive coverage mandated by U.S. Department of Health...more

7/15/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Employer Group Health Plans Employer Liability Issues Employer Mandates Hobby Lobby Religious Freedom Restoration Act SCOTUS

The Surprising Truth about Hobby Lobby's Effect in California

On June 30, 2014, the Supreme Court of the United States handed down its decision in the Burwell v. Hobby Lobby case, holding that closely-held corporations could refuse to provide contraceptive coverage mandated by U.S....more

7/3/2014 - Affordable Care Act Burwell v Hobby Lobby Closely Held Businesses Conflicts of Laws Contraceptive Coverage Mandate Contraceptives Health Insurance HHS Hobby Lobby k Knox Keene Religion Religious Exemption Religious Freedom Restoration Act SCOTUS Small Business

What Has Fahlen Wrought?

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

4/18/2014 - Anti-SLAPP Disciplinary Proceedings Discovery Hiring & Firing Hospitals Physicians Retaliation Sutter Termination Whistleblowers

Reid Ruling Ignores Calif. Precedent

A good deal has already been written about the recent Reid case in California, but there is more to be said. On Oct. 7, 2013, Division 8 of the Second District Court of Appeals held in Reid v. Mercury Insurance Company, No....more

12/24/2013 - Car Accident Negligence Policy Limits Reid v. Mercury Insurance Company Settlement

Complicating The Duties Of In-House Counsel

A recent case seems to complicate the duties of counsel representing an employer where an employee is a witness in the case. A blue collar employee was seriously injured at work. Another blue collar employee was the...more

12/17/2013 - Conflicts of Interest Corporate Counsel Internal Investigations Investigations

Decision Stings Insureds, Though Impact Overstated

Generations of policyholders' coverage lawyers have feasted on the very brief, 4-paragraph 1928 opinion of Judge Augustus Hand in Zeig v. Massachusetts Bonding & Insurance Co., 23 F. 2d 655, which held that an excess insurer...more

8/14/2013 - Contract Drafting Excess Policies Insurers Policy Limits Third-Party

Revolution in Disputes Between Hospitals and Their Physicians?

Originally published in the Daily Journal on August 24, 2012. A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen...more

8/24/2012 - Collateral Estoppel Hospitals Patent Exhaustion Peer Review Physicians Reappointment Retaliation Staff Privileges Westlake Doctrine Whistleblowers Writ of Mandamus

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