General Business Insurance Worker’s Compensation

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Leap of Bad Faith: TPAs May Be Sued for Aiding Their Own Actions

Insurers have a duty to process claims in good faith, but sometimes they farm the job out to third-party administrators (TPAs). If the TPA fouls up, many states hold that the insurer is still liable—for its own breach of...more

Arbitration Clause In Agreement Between Insured And Reinsurer Held Invalid Under Nebraska Law

A federal district court has held an arbitration clause in a Reinsurance Participation Agreement (RPA) between an insured and a reinsurer invalid and unenforceable under governing state law. The RPA complemented a standing...more

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

California Insurance Laws Enacted in 2013

October 13, 2013 was the deadline for Governor Jerry Brown to act on bills passed by the California Legislature this year. Here are summaries of noteworthy insurance-related bills which Governor Brown signed into law. Unless...more

West Virginia Court Resolves Issues Of First Impression On Insurance Coverage For Delayed Manifestation Claims

I. Introduction - The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims. These...more

Tips for Negotiating Collateral Agreements to Workers’ Compensation Insurance Policies

When purchasing, or considering the purchase of, large deductible (LD) workers’ compensation, auto, and other policies, insurance companies often require the policyholder to post collateral to secure the risk. This collateral...more

Second Circuit Affirms Duty to Defend Under Professional Liability Policy

In its recent decision in Westport Ins. Corp. v. Hamilton Wharton Group, Inc., 2012 U.S. App. LEXIS 9888 (2d Cir. May 17, 2012), the United States Court of Appeals for the Second Circuit had occasion to consider whether a...more

The 2011 Texas Legislature Tightens Indemnity Rights and Changes Mechanic's Lien Perfection Requirements

The 82nd Regular Session of the Texas Legislature dealt with many issues related to construction projects in Texas, including sustainable design building standards for state buildings, lien waiver form requirements, and the...more

Texas Insurance Law Newsbrief

CARE CUSTODY & CONTROL EXCLUSION PRECLUDES COVERAGE Last Friday, in Ohio Casualty Insurance Company v. Lloyd Technologies Inc., No. A-09-CA-633-LY (W.D.Tex. September 30, 2011), a Federal District Court Judge in the Austin...more

Texas Insurance Law Newsbrief

Texas courts continue their busy pace in insurance cases. TEXAS SUPREME COURT REVERSES RUTTINGER: WORKERS COMPENSATION CARRIERS NOT SUBJECT TO UNFAIR SETTLEMENT PRACTICES CLAIMS UNDER THE TEXAS INSURANCE CODE In a...more

Texas Insurance Law Newsbrief - August 8, 2011

No Extra-Contractual Recovery for AFS/IBEX against Great American in Crime Policy Coverage Fight Recently, in Great Am. Ins. Co. v. AFS/IBEX Fin. Servs. Inc., C.A. No. 3:07–CV–924–O, 2011 WL 3163605 (S.D. Tex. July 27,...more

Texas Insurance, Litigation, and News

Texas courts address the busines auto policy, "advertising injury" coverage, workers compensation and bad faith, and Hurricane Ike. In a case of first impression “in this state and perhaps the country,” the Texas Supreme...more

Advanced Settlement Loan Companies

Occasionally, one of my clients asks me to sign a lien agreement with a company offering to advance money to the client based on the client's potential permanent partial disability award at the end of his claim. I have never...more

Who's To Blame For High Workers' Compensation Insurance Premiums in California?

Whether your business employs 50 clerical workers or 500 construction specialists, you are undoubtedly familiar with the budgetary constraints and administrative nightmares that go hand-in-hand with workers’...more

Workers' Comp: CGL vs. Workers’ Comp 1B - Coverage In Construction Cases

The question as to the applicability of CGL and/or 1B Coverage in any given case remains a fertile ground for dispute. The 1B Coverage generally provides liability coverage for bodily injury sustained by an employee,...more

Taking Control of Workers Compensation Costs

Please find an article that I co-authored with Joann Ralph, CPA of Rothstein Kass....more

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