Insurance Legal News - July/August 2011 • Volume 4, Number 4

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In This Issue:

- FEDERAL HEALTH CARE LEGISLATION UPDATE by Cynthia A. Moore, Member

- MICHIGAN SENATE PASSES HEALTH INSURANCE CLAIMS ASSESSMENT LEGISLATION

- TENNESSEE REVISES CAPTIVE INSURANCE LAW by John E. Anderson, Sr., Member, and Rodney D. Butler, Associate

- MICHIGAN’S OFFICE OF REGULATORY REINVENTION APPOINTS AREA RESIDENTS TO ITS INSURANCE AND FINANCE ADVISORY RULES COMMITTEE

- SECOND AND THIRD CIRCUIT COURTS OF APPEAL CLARIFY INSURER STANDING IN CHAPTER 11 BANKRUPTCY PROCEEDINGS by Ryan M. Shannon, Associate

- SIXTH CIRCUIT COURT OF APPEALS ADDRESSES SCOPE OF INSURER’S DUTY TO DEFEND UNDER MICHIGAN LAW

- MICHIGAN COURT OF APPEALS HOLDS POLICY DEFENSES MAY BE PRESERVED BY TIMELY FILED DECLARATORY JUDGMENT ACTION EVEN WHEN RESERVATION OF RIGHTS LETTER IS NOT ISSUED

An Excerpt from: FEDERAL HEALTH CARE LEGISLATION UPDATE

On June 29, 2011, the Sixth Circuit Court of Appeals issued the first appellate court decision on the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”). In a 2-1 decision, the Sixth Circuit held that PPACA is a valid exercise of the federal government’s power under the Commerce Clause of the Constitution. Thomas More Law Center, et al v. Obama, et al, No. 10-2388 (6th Cir. June 29, 2011).

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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