News & Analysis as of

Malpractice Insurance

Legal Malpractice Claims Level Off as Conflicts and Cyber Claims Rise

by Dentons on

Statistics regarding the type, frequency and severity of legal malpractice claims submitted to insurers during 2016 were released at the end of June. From the law firm and attorney perspective, the news is generally good in...more

Four Reasons Law Firms Change Insurers

by Dentons on

A law firm may find that renewing its legal malpractice policy with the same insurer year after year is advantageous for a number of reasons. For example, the law firm and insurer may build a strong working relationship, and...more

Is there operating room for compulsory PI insurance

by Hogan Lovells on

Since its inception on 30 August 2010, the regulations requiring health professionals to have professional indemnity insurance have lain dormant in a state of moratorium, almost as a distant memory some do not wish to recall....more

Part 3: Exploring “Repeal and Replace”

In Part II of our blog series, Very Opaque to Slightly Transparent: Shedding Light on the Future of Healthcare, we considered potential healthcare market consequences of a partial repeal of the Affordable Care Act (ACA). In...more

Mandatory PI insurance for lawyers - minimum requirements approved

by DLA Piper on

By decree no. 22 September 2016, published in the official gazette on 11 October 2016, the minimum requirements of the mandatory PI insurance for lawyers have been approved. The main minimum requirements are summarized below....more

Basic Contract Issues for New Physician Contracts

by Tucker Arensberg, P.C. on

When physicians have finally completed the medical education journey, many are confronted with a “physician employment contract,” usually from a hospital or medical practice, which could define the essential terms of their...more

What Are Insurers Using for Excuses Not to Pay Claims?

by Nossaman LLP on

We have seen a recent rash of cases where defending insurers are stretching to new lengths to force their insureds to contribute substantially more that the deductible bargained for in the policy, often grasping at the straw...more

What is the National Practitioner Data Bank (NPDB)?

According to the NPDB website, it is an “electronic information repository created by Congress. It contains information on medical malpractice payments and certain adverse actions related to health care practitioners,...more

It’s an Election Year, So It’s Time for a Tort Reform Bill & Snappy Acronym

by Faegre Baker Daniels on

If it’s an election year, it must be time for someone in Congress to propose a tort reform bill and to come up with a snappy acronym—the more tortured, the better. And Rep. Trent Franks (R-Ariz.) has done just that, with...more

How an attorney should handle a mistake

by Dentons on

Although there are steps that attorneys can take to reduce the likelihood of making an error, mistakes still happen in the course of an attorney-client relationship. An attorney might miss a tax lien during a title...more

Insurance Recovery Law - March 2016

High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business - Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more

10 Significant Physician Contracting Mistakes

by Tucker Arensberg, P.C. on

1. Failure to Begin with the End in Mind. The most important provisions of your employment contract will be the provisions governing your termination rights, for two reasons. First, if the relationship goes well, chances are...more

Medical Malpractice and Healthcare Quarterly - Winter 2015-2016

by Morris James LLP on

DELAWARE MOVES TO MAKE TELEMEDICINE MORE ACCESSIBLE - On July 7, 2015, Governor Jack Markell signed into law House Bill No. 69 (DE LEGIS 80 (2015), 2015 Delaware Laws Ch. 80 (H.B. 69)), which amends various provisions of...more

Federal Court Dismisses Insurance Fair Conduct Act Claims

by Lane Powell PC on

In a rare victory for insurers, the U.S. District Court for the Eastern District of Washington dismissed Insurance Fair Conduct Act (IFCA) claims against Evanston Insurance Company. Washington’s IFCA provides a statutory...more

NJ Supreme Court Upholds Insurer’s Right to Rescind When Professional Liability Insurance Is Procured by Fraud

by Wilson Elser on

On December 1, 2015, in DeMarco v. Stoddard, the New Jersey Supreme Court, in a 5–2 decision, reversed an Appellate Division decision, DeMarco v. Stoddard, 434 N.J. Super. 352 (App Div. 2014), and held in favor of the...more

Health Facilities May Be Insuring Doctors Without Knowing It

by Faegre Baker Daniels on

A September 29 ruling by the New Jersey Supreme Court effectively makes a health facility liable for the professional negligence of a medical staff member who doesn’t have malpractice insurance or who has insurance that...more

New Jersey Court Holds Demand Letter Is A Claim

In its recent decision in Innes v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 121753 (D.N.J. Sept. 11, 2015), the United States District Court for the District of New Jersey had occasion to consider what...more

Insurance Recovery Law - July 2015 #3

Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more

More Risks to Consider When Using Contract Attorneys

by Dentons on

Our previous article, "What to do When Hiring a Contract Attorney" (Daily Report, June 15, 2015), discussed some of the rewards and risks of using contract attorneys. Based on the response from readers, one thing is...more

Cyberclaim Coverage Denied: The TCPA Protects Privacy, Not Personally Identifiable Information

by Carlton Fields on

In Doctors Direct Ins., Inc. v. Beaute’ E’mergente, LLC, No. 1-14-2919 (Ill. App. Ct. June 22, 2015), an Illinois state appellate court recently affirmed that a medical malpractice liability insurer did not owe a duty to...more

New York Court Holds Fraudulent Act Exclusion Applicable in LPL Policy

In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), the United States District Court for the Northern District of New York had occasion to...more

Illinois Supreme Court: Innocent Insured Doctrine? For a Lawyer? (cough)

by Carlton Fields on

Illinois State Bar Assoc. Mut. Ins. Co. v. Law Office Of Tuzzolino and Terpinas, the Illinois Supreme Court held that the “innocent insured” doctrine does not protect an innocent prospective insured, if his law partner makes...more

Bad Faith Sentinel - December 2014

In This Issue: - Court of Appeals of Michigan: Trial Court’s Incorrect Instruction on the Definition of Bad Faith Did Not Require Reversal - District of Colorado: Insureds Have No Obligation To Hire Public...more

Court of Appeals of Michigan: Trial Court’s Incorrect Instruction on the Definition of Bad Faith Did Not Require Reversal

Tibble v. Am. Physicians Capital, Inc., No. 306944, 2014 WL 5462573 (Mich. Ct. App. Oct. 28, 2014). The Michigan Court of Appeals holds that although the trial court erred when it defined “bad faith” for the jury, the...more

Insurance Recovery Law -- November 2014

Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer - Why it matters: In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more

31 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.