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Doctors, Lawyers and the Controversial Prop 46

What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more

Federal Judge Concludes Restitution May Be Covered Under Commonly Used Professional Liability Policy Language

A federal judge in Minnesota recently held that “restitution” paid to settle a class action lawsuit was covered under the terms of a professional liability policy. The court in U.S. Bank National Ass’n et al. v. Indian Harbor...more

U.S. Bank v. Indian Harbor: Another Blow to the Restitution/Disgorgement Defense

In recent years, purchasers of D&O and professional liability insurance have been stunned to learn that their carriers have denied coverage for a wide range of claims on the theory that their policies do not cover loss that...more

Massachusetts Court Holds No Coverage Under Lawyers’ Malpractice Policy for 93A Claim

In its recent decision in Am. Guar. & Liab. Ins. Co. v. Lamond, 2014 U.S. Dist. LEXIS 103117 (D. Mass. July 29, 2014), the United States District Court for the District of Massachusetts had occasion to consider what portion...more

New Jersey Court Allows Rescission of Policy and Awards Damages to Insurer

In its recent decision in Colony Ins. Co. v. Kwasnik, Kanowitz & Assocs., P.C., 2014 U.S. Dist. LEXIS 87659 (D.N.J. June 27, 2014), the United States District Court for the District of New Jersey had occasion to consider the...more

Undoing MICRA

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

Illinois Court Outlines Elements to Consider for Good Faith Analysis of Settlement Demand

To settle or not to settle: that is the question for liability insurers. If you are pondering whether you must accept a plaintiff’s settlement offer, read on. A recent Illinois case, Huang v. Brenson, 7 N.E.3d 729 (Ill. App....more

Georgia Court Holds No Coverage for Restitutionary Amounts

In its recent decision in Fidelity Bank v. Chartis Specialty Ins. Co., 2013 U.S. Dist. LEXIS 110935 (N.D. Ga. Aug. 7, 2013), the United States District Court for the Northern District of Georgia had occasion to consider...more

Appellate Notes: Week of April 1, 2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Rhode Island Supreme Court Invalidates Healthcare Provider’s Right to Self-Insure

In its recent decision in Peloquin v. Haven Health Ctr. of Greenville, 2013 R.I. LEXIS 9 (R.I. Jan. 14, 2013), the Supreme Court of Rhode Island had occasion to consider the validity of a self-insured retention in a...more

Ninth Circuit Affirms Rescission of Professional Liability Policy

In its recent decision in Tudor Ins. Co. v. Hellickson Real Estate, 2012 U.S. App. LEXIS 19904 (9th Cir. Sept. 21, 2012), the United States Court of Appeals for the Ninth Circuit, applying Washington law, examined whether an...more

Does a trust beneficiary incur any personal liability?

As a general rule, one assumes no personal liability when one becomes a trust beneficiary. There are some exceptions, however. Charles E. Rounds, Jr. explains in Section 5.6 of Loring and Rounds: A Trustee’s Handbook (2012)....more

6th Circuit Addresses Prior Knowledge Defense Under Legal Malpractice Policy

In its recent decision in Schwartz Manes Ruby & Slovin, L.P.A. v. Monitor Liability Managers, LLC, 2012 U.S. App. LEXIS 12236 (6th Cir. June 15, 2012), the United States Court of Appeals for the Sixth Circuit, applying Ohio...more

Federal Court Rules that Hospital Settlement Does Not Relieve Medicare of its Payment Obligations

On May 21, 2012, the U.S. District Court for the Eastern District of Louisiana ruled that a malpractice settlement paid to the family of a deceased Medicare beneficiary did not constitute a “primary plan” for purposes of the...more

Pacific Rim v. Aon: Insurance Broker Has No Duty to Inform Subcontractor of Developer’s Insurnace Company’s Insolvency

The California Court of Appeal recently handed down a significant published decision pertaining to the duty of an insurance broker who procures a policy for the the developer of a construction project. The Fourth Appellate...more

Weekly Law Resume - September 29, 2011: Torts-Vicarious Liability-Joint Tortfeasors

PacifiCare of California, et al. v. Bright Medical Associates, Inc. Court of Appeals, Fourth District (September 2, 2011) Code of Civil Procedure Section 877.6 provides that one defendant who is a "joint tortfeasor" may...more

New York’s Medicaid Redesign Plan -- The Neurologically Impaired Infant’s Fund: True Relief or Looming Disaster?

The true cornerstone of Gov. Andrew Cuomo’s Medicaid Redesign Team is the creation of a new fund designed to pay particular (and limited) medical expenses for neurologically damaged infants. The proposal was introduced by the...more

Texas Supreme Court Limits Medical Expense Evidence to Amount Actually Paid or Incurred

While CPRC § 41.0105 limits a plaintiff’s recovery of medical expenses to those that are actually paid or incurred, can the full, non-discounted bills be presented to a jury? The Texas Supreme Court addressed this issue on...more

Judge to 'Ponzi Disciples' – Don't Look to Insurers

U.S. District Court for the District of South Carolina A South Carolina federal judge granted summary judgment in favor of Continental Casualty Company (CNA) in a declaratory action brought by CNA against its insureds...more

Savings From Malpractice Reform Are a Myth, Study Shows

Malpractice claims are not out of control and a damages cap would not result in big insurance savings for doctors and hospitals, according to a new study of malpractice insurance in New York state. The study comes as...more

The "Defensive Medicine" Fraud

The idea that doctors order unnecessary tests to avoid being sued has enough surface plausibility that people nod "of course" as if it's undeniable truth. The "fraud" of "defensive medicine" is two fold: It doesn't really...more

Funk & Bolton Mid-Atlantic Property & Casualty Reporter

Funk & Bolton's Coverage & Defense Practice Group provides advice and counsel to insurers in coverage and extra-contractual matters, product development and claim compliance, and defends claims and litigation matters. The...more

Claims Rep Pet Peeves

This article, by Scranton, Pennsylvania insurance defense attorney, Daniel E. Cummins, Esquire of the law firm of Foley, Cognetti, Comerford, Cimini & Cummins, was published as a "Web Exclusive" of the Claims Magazine at...more

Capping Non-Economic Damages: Fulton County, GA Judge Declares Unconstitutional

In 2005 the Georgial General Assembly created a law that capped non-economic damages for plaintiffs in medical malpractice suits at $350,000 no matter the extent of the injury or the required amount to make the victim whole...more

Indemnity and Infidelity: Advancement of Defence Costs in Actions 'By...the Corporation'

Abstract: Indemnification refers to the financial protection provided by the corporation for its directors. It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the...more

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