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North Carolina Legislative Report

The General Assembly adjourned “sine die” on Wednesday, August 20. During the interim, the MVA Public Affairs Legislative Report on North Carolina will be distributed biweekly to keep you up to date on the latest legislative...more

Insurance Recovery Law -- Oct 2014

Lack of Direct Contractual Relationship Doesn’t Doom Coverage - Why it matters: The companies involved in a workplace accident are additional insureds pursuant to a sub-subcontractor’s policy and the insurer...more

Who pays when the authorities come calling? Syracuse Univ. v. National Union Fire Ins. Co. of Pittsburgh, P.A.

With the seemingly endless stream of federal and state investigations implicating institutions of higher education, a recent New York decision offers a glimmer of hope to those schools that find themselves in the cross-hairs....more

Court of Appeals Issues Decision Regarding Vesting of School District Retiree Health Insurance Benefits

On December 12, 2013, the New York Court of Appeals issued a decision in Kolbe v. Tibbetts, in which the Court addressed whether the Newfane Central School District could unilaterally alter the health insurance benefits of...more

North Carolina Legislative Report - March 14, 2014

The General Assembly has officially completed its business for the 2013 long session. The 2014 short session will begin on Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be...more

First Circuit Enforces D&O Policy’s Known Circumstances Exclusion

The First Circuit Court of Appeals recently held that a “Known Circumstances Exclusion” in an insured school’s D&O policy barred coverage for an underlying action involving misrepresentations in soliciting a donation....more

First Circuit Holds Prior Knowledge Exclusion Applicable

In its recent decision in Clark School for Creative Learning, Inc. v. Philadelphia Indemnity Ins. Co., 2013 U.S. App. LEXIS 21568 (1st Cir. Oct. 23, 2013), the United States Court of Appeals for the First Circuit, applying...more

ACA Not Enough to Save Penn State’s Employee Wellness Program

Recent negative media reports caused Pennsylvania State University to modify its employee wellness program, making clear that considering compliance with the Patient Protection and Affordable Care Act of 2010 (ACA) alone is...more

Malibu High School Teachers Letter to the Santa Monica-Malibu Unified School District (SMMUSD) Regarding their Concern that...

Malibu High School Teachers Letter to the Santa Monica-Malibu Unified School District (SMMUSD) Regarding their Concern that Contaminants at Malibu High School are Causing Cancer. A letter signed by 20 Malibu Middle and...more

Insurance For High School Sports

“Rocky’s Law,” which was signed on August 4th, by Governor Quinn and takes effect January 1, 2014 is requiring all high schools in Illinois to offer catastrophic insurance coverage for student athletes. “Rocky’s Law” was...more

Miles To Go Before They Sleep

With the 2013 Minnesota legislative session moving into the home stretch, virtually all of the “heavy lifting” of the session remains. While the calendar indicates the session is two-thirds complete, the numbers tell a...more

Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense...

In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in...more

Final Regulations Require One-Time Written Parental Consent To Access Public Benefits/Insurance

Effective on March 18, 2013, the federal regulations governing parental consent to access public benefits or insurance (e.g., Medicaid) will change in a way that simplifies how school districts access public benefits and...more

Now In Session: Florida’s 2013 Legislature - Summary Of Expected Higher-Level Policy Issues

Florida’s 2013 legislative session opened this week, beginning a 60-day trek to adjournment on May 3, unless extended. The state’s new 2013-2014 presiding legislative officers have endeavored to publicly present a coordinated...more

The Sunshine Physician Payment Final Rule Overview and Analysis

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services (HHS) released the long-awaited Final Rule (Rule) to implement the “Sunshine” provisions of the Affordable...more

Florida Legislature 2013 Pre-Session Report

The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in...more

Your Deposition is Being Taken: Nine What to Know’s and What to Do’s

Your deposition is an important part of your case. I have listed what to expect during a deposition and some things you should and should not do....more

Here Comes the Sun: Final Rules Implementing the Federal Sunshine Law

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) released the long-awaited final rule implementing the Federal Sunshine Law (42 U.S.C. 1320a-7h). (The rule was subsequently published in the Federal...more

Laboratory Retirees May Proceed In Their Lawsuit Over Health Benefits Against Regents

A group of retirees from Lawrence Livermore National Laboratory brought a lawsuit against the Regents of the University of California (“Regents”) after the University of California eliminated their University-sponsored health...more

Proposed Rules Issued On Contraceptive Coverage

The Affordable Care Act requires most health plans to cover certain women’s preventive services, including contraception, without charging a co-pay or deductible. On January 30, 2013, the Obama Administration released...more

Mississippi Court Holds No Coverage for Voyeurism Claim Under E&O Policy

In its recent decision in Tudor Ins. Co. v. Manchester Educ. Found., Inc., 2013 U.S. Dist. LEXIS 8458 (S.D. Miss. Jan. 22, 2013), the United States District Court for the Southern District of Mississippi had occasion to...more

Illinois Supreme Court Announces Anticipated Filing Dates for January and February

The Illinois Supreme Court has announced its anticipated filing dates for January and February. Opinions are expected on Friday, January 25; Thursday, February 7; and Friday, February 22. Decisions on petitions for rehearing...more

Contraceptive Mandate Appeal Held in Abeyance Pending Issuance of Final Rule

The D.C. Circuit Court ruled that lawsuits challenging the constitutionality of the contraceptive mandate of the Affordable Care Act (“ACA”) should be held in abeyance until the Department of Health and Human Services issues...more

Tax Law Blog: Individual Tax Rates, Deductions, and Credits

Here is a brief outline of the legislation passed by the Senate and House extending certain tax rates, deductions, and credits for individuals....more

Program Director and Therapist Convicted In $205M Mental Healthcare Fraud

Just over two years after the raid on the Miami headquarters of mental healthcare chain American Therapeutic Corporation (American Therapeutic), a former program director and therapist in the Ft. Lauderdale office of the...more

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