In June, the South Carolina Supreme Court addressed waiver of the attorney-client privilege in bad faith refusal to provide coverage cases and found that, under South Carolina law, an insurer that asserts its subjective...more
The Supreme Court of South Carolina recently determined that non-signatory insureds could not be compelled to arbitrate their claims under an arbitration clause in an agency agreement where the insureds did not obtain a...more
5/9/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
De Novo Standard of Review ,
Equitable Estoppel ,
Insurance Industry ,
Motion to Compel ,
Non-Signatories ,
Reversal ,
SC Supreme Court ,
Third-Party Beneficiaries ,
Unenforceable Contract Terms
Alabama’s Elder Abuse Act attempts to protect financial abuse of elders. But by not including insurance companies and insurance agents, does the Act go far enough?...more
9/6/2018
/ Civil Liability ,
Elder Abuse ,
Elder Issues ,
Exploitation ,
Financial Abuse ,
Financial Institutions ,
Good Faith ,
Immunity ,
Insurance Agents ,
Insurance Industry ,
Long-Term Care ,
Proposed Legislation ,
Reasonable Care ,
Reporting Requirements
In at least one state, California, the answer to the question of “Do issues related to long-term care and elder abuse intersect?” is yes. The California Welfare and Institutions Code defines “financial abuse” of an elder...more
8/7/2018
/ Bad Faith ,
Breach of Contract ,
Elder Abuse ,
Elder Care ,
Elder Issues ,
Financial Abuse ,
Health Insurance ,
Insurance Industry ,
Insureds ,
Long Term Care Insurance ,
Motion to Dismiss