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Torts – Effect of The Howell Decision on Liens Brought Under The Hospital Lien Act

Dameron Hospital Association v. AAA Northern California, Nevada, and Utah Insurance Exchange et al. - California Court Of Appeal, Third Appellate District (September 4, 2014) - In Howell v. Hamilton Meats (...more

Insurers, Be Ready To Pay Twice In Texas

Often, an insurance carrier will issue a check to two joint payees — the named insured and either a public adjuster or a mortgagee. What happens when the one payee cashes the check without first obtaining a signature from the...more

Imagination-in-Pleading Award

When Oklahoma Blue Cross-Blue Shield terminated Dr. Gude’s provider agreement, he decided to fight back. He sued the Blues in federal court, alleging they had violated—and this is the imaginative part—Oklahoma’s Consumer...more

Are Medicare Set-Asides Required During the Settlement of Personal Injury Claims?

There has been a lot of talk amongst the plaintiff’s bar relating to Medicare Set-Asides (MSA*) and whether they are required when we recover money for a Medicare-eligible client. As one who takes a particular interest in...more

Massachusetts Mandates Prompt Investigation, Encourages Insurers to Offer Deadline Extensions to Bombing Victims

On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more

What's In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement

Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more

How Requiring Uninsured Patients to Pay Chargemaster Rates Impacts Personal Injury Cases

This week we discuss the Indiana Supreme Court decision in Allen v. Clarian Health Partners, Inc., which held that uninsured patients were required to pay the chargemaster rates and not a reasonable rate. Our analysis focuses...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

Eleventh Circuit Holds Monetary Damages Caused by Identity Theft Present a Cognizable Injury

Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more

Protection Against Punitive Damage Claims at Pleading Stage Denied to California Health Plan

California Code of Civil Procedure section 425.13 precludes a claim for punitive damages in an action seeking damages arising out of a health care provider's negligence unless the plaintiff first obtains a court order. To...more

Truth or Consequences: Rescission Warranted for Health Insurance Application Misrepresentations

In December, the California Court of Appeal affirmed summary judgment to an insurer that had rescinded its healthcare policy because the insured made material misrepresentations in a policy application. Hagan v. California...more

Bar Issues Opinion That Indemnification As Condition of Settlement Is Unethical

The Virginia State Bar’s Standing Committee in Legal Ethics recently issued a legal ethics opinion declaring it unethical for plaintiff’s lawyers to agree to indemnify a defendant and/or his insurer for any third party lien...more

Insurance Legal News: September/October 2011 • Volume 4, Number 5

In this issue: Health Insurance Exchange Framework Beginning to Take Shape; State-Based Surplus Lines Insurance Reform Faces Uncertain Future; Sixth Circuit Holds Private Provider Need Not Demonstrate Responsibility of...more

Howell Decision: Past Medical Expense Damages Limited to Amount Paid

Howell v. Hamilton Meats & Provisions, Inc., 2011 Cal. LEXIS 8119 California Supreme Court, August 18, 2011 On August 18, 2011, the California Supreme Court handed down its long-awaited decision in Howell v. Hamilton...more

Weekly Law Resume - March 3, 2011: Damages - Reduction Of Medical Specials To Amounts Paid

Ingrid Cabrera v. E. Rojas Properties, Inc. Court of Appeal, Second District (February 24, 2011) This case follows a recent string of cases addressing the application of the collateral source rule to plaintiff's recovery...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

Can I Be Sued? Legal protections for physician leaders

In this Presentation: *Areas of Risk *Types of Legal Claims Filed *Legal Defenses and Protections *Defensive Measures to Consider in Order to Avoid/Limit Risk Please see full presentation below for more...more

Medical Staff Bylaws: How to create documents that are clear, compliant, and fair

In this Presentation: *How did we get here? *Erosion of “the club” *Why an “organized” medical staff? *Why bylaws? *Bylaws components *Commonly encountered bylaws weaknesses: *Conflict of interest *Member’s...more

Massachusetts Supreme Judicial Court Recognizes Cause of Action for Projected Medical Monitoring Costs Based on Subclinical...

In a decision rendered in the context of a cigarette product liability case but with broad implications for product manufacturers and sellers, the Massachusetts Supreme Judicial Court (“SJC”) has recognized a cause of action...more

Denial of Claim for Health Benefits Alone Not Sufficient to Support IIED

Mintz v. Blue Cross of California, __ Cal. App. 4th __, 2009 WL 1019039 (April 16, 2009). On April 16, 2009, the Second Appellate District in Mintz v. Blue Cross of California, found Blue Cross liable in negligence when...more

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