Insurance, Business Organization

CMS Announces Additional Open Period for Bundling Model 1

by King & Spalding on 5/21/2013

On Friday, May 17, 2013, CMS announced that its Center for Medicare and Medicaid Innovation Center (Innovation Center) is providing an open period for additional organizations to be considered for participation in Model 1 of...more

NOIs Due Soon to Apply for 2014 ACO Program

by Sarah E. Swank | Ober|Kaler on 5/20/2013

The Medicare Shared Savings Program (MSSP) for accountable care organizations (ACOs) established under the Affordable Care Act is about to kick-off its second year with a new round of applications for the January 1, 2014...more

Missouri Court Holds Prejudice Requirement Inapplicable to Claims Made Policy

by Traub Lieberman Straus & Shrewsberry LLP on 5/17/2013

In its recent decision in Secure Energy v. Phila. Indem. Ins. Co., 2013 U.S. Dist. LEXIS 69320 (E.D.Mo. May 15, 2013), the United States District Court for the Eastern District of Missouri had occasion to consider whether...more

Business Interruption Insurance

by Peter Bauman - Senior Associate at Tharpe &... on 5/16/2013

Business Interruption Insurance Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more

Capital Infusion - May 2013: Policy Spotlight: Affordable Care Act

by Adam Connatser, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, David McLean | Patton Boggs LLP on 5/10/2013

EMPLOYER RESPONSIBILITIES UNDER THE AFFORDABLE CARE ACT AND THE IMPACT on PRIVATE INVESTMENT FUNDS - Implementation of the Affordable Care Act (“ACA”) continues at an accelerated pace. Some of its most important...more

Who is a Large Employer Under Obamacare?

by Steven Saraisky | Cole Schotz on 5/10/2013

Among other things, the Patient Protection and Affordable Care Act (the “Act”), commonly referred to as Obamacare, requires “large employers” to provide qualified health coverage for all of their full-time employees, or pay...more

Connecting the Dots on Health Care Reform: The Law, The Policy, and What It Means for Associations

by Venable LLP on 5/1/2013

In this presentation: - Policy - The Drivers of Health Care Reform? - The Exchange & Congressional Intent - Two Kinds of “Public” Exchanges - What Should You Know About the “Public”...more

Mississippi Court Holds D&O Policy Not Triggered By Real Estate Scheme

by Traub Lieberman Straus & Shrewsberry LLP on 4/26/2013

In its recent decision in State Farm Fire & Cas. Co. v. Anderson, 2013 U.S. Dist. LEXIS 57837 (S.D. Miss. Apr. 23, 2013), the United States District Court for the Southern District of Mississippi had occasion to consider...more

Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy

by Steven Brodie, Joseph Lang Jr., Sylvia H. Walbolt | Carlton Fields on 4/24/2013

In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more

Association Health Plans and Health Care Reform: A Trap for the Unwary

by Harry Atlas, Thora A. Johnson | Venable LLP on 4/23/2013

Trade and professional associations that sponsor health plans for their members, and organizations participating in such plans, need to be aware of an important issue arising under the Patient Protection and Affordable Care...more

New York Court Rules that Professional Services Exclusion Bars Coverage for Underlying Actions Brought By FINRA and Private...

by Eryk Gettell | Sedgwick LLP on 4/12/2013

In David Lerner Associates, Inc. v. Philadelphia Indemnity Insurance Company, 2013 WL 1277882 (E.D.N.Y. Mar. 29, 2013), the United States District Court for the Eastern District of New York affirmed the plain meaning of the...more

Cayman creates incorporated cell companies

by Wendy Lee | Harney Westwood & Riegels on 4/10/2013

On March 25, 2013, the Cayman Islands Legislative Assembly passed an amendment to the Insurance Law (the Amendment) permitting certain insurers formed as segregated portfolio companies (SPCs) to register portfolio insurance...more

New Guidance for Tax-Exempt Hospitals on Community Health Needs Assessment and Other Section 501(r) Requirements

by Ropes & Gray LLP on 4/10/2013

On April 5, the Treasury Department released proposed regulations that provide guidance on the community health needs assessment (“CHNA”) and other requirements for tax-exempt hospitals under section 501(r) of the Internal...more

New York Court Holds Professional Services Exclusion Applicable

by Traub Lieberman Straus & Shrewsberry LLP on 4/2/2013

In its recent decision in David Lerner Assocs. v. Philadelphia Indem. Ins. Co., 2013 U.S. Dist. LEXIS 46333 (E.D.N.Y. Mar. 29, 2013), the United States District Court for the Eastern District of New York had occasion to...more

Third Circuit Addresses Insured Status for Lessor of Commercial Auto

by Traub Lieberman Straus & Shrewsberry LLP on 3/26/2013

In its recent decision in Koons v. XL Insurance Company, 2013 U.S. App. LEXIS 5870 (3d. Cir. Mar. 25, 2013), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

As Clear as Mud! The Investment Diversification Rules for Private Placement Insurance Products

by Gerald Nowotny on 3/25/2013

A. Overview - The investment diversification rules are a critical element in planning for private placement insurance products. One of the underlying marketing premises for the attractiveness of private placement...more

Insurance: details and the devil

by Frank Thompson, Sarah Turpin | K&L Gates LLP on 3/20/2013

Originally published in The Lawyer on March 18, 2013. It would be a mistake to think that directors and officers (D&O) insurance provides a blanket indemnity. D&O policy wordings are complex and...more

The Material Impact of the Amgen Decision on D&O Insurance

by Matthew Klebanoff, Angelo Savino | Cozen O'Connor on 3/8/2013

In Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (Slip Op. Feb. 27, 2013), the U.S. Supreme Court, in a 6-3 majority opinion (Ginsburg, J.), affirmed the U.S. Court of Appeals for the 9th Circuit’s...more

Physician Payment Sunshine Act Final Rule Released

by Thomas Donohoe, Lauren Groebe, Lindsay Kessler, Matthew Murer | Polsinelli on 3/7/2013

In This Issue: - Interpretation and Clarification of Key Definitions ..Applicable Manufacturers ..Applicable GPOs ..Covered Drug, Device, Biological or Medical Supply ..Covered Recipients ...more

Captive Insurance Companies - The Statutory 831(B) Captive

by Stephen A. Malley, APC on 3/4/2013

Captive insurance companies can serve a number of objectives, including reduction of insurance costs through self-insurance, maintenance of insurance at predicted costs, control of the claims process, and direct access to...more

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

by Charles Wheeler | Cozen O'Connor on 3/1/2013

Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013) In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more

Condo Owners Forced Out By Fire

by Barbara Holmes | Heenan Blaikie LLP on 2/27/2013

A recent article in the Toronto Star, Marco Chown Oved reported that residents of a condo building that caught on fire a few weeks ago will be out of their units for several months before the fire-damaged generator can be...more

Union Friendly - Using Collectively Bargained Benefit Plans to Maximize Employee Benefit Plan Contributions for Closely Held...

by Gerald Nowotny on 2/18/2013

Overview - Part I and Part II have focused on the tax planning possibilities of small business owners and owners of professional corporations utilizing an exemption for collectively bargained plans. This exemption allows...more

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

by Potter Anderson & Corroon LLP on 2/15/2013

In this opinion, the Court of Chancery denied a motion for judgment on the pleadings by certain asbestos claimants (the “Claimants”) seeking appointment of a receiver under 8 Del. C. § 279, holding that the dissolved...more

Panning for Gold in the Ivory Tower – Using Split Dollar and Private Placement Life Insurance to Compensate Senior Executives of...

by Gerald Nowotny on 2/8/2013

Overview - Charitable organizations from hospitals to universities have a difficult time attracting and retaining top executive talent from the world of public corporations. Public corporations provide competitive...more

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