In the wake of government shutdowns necessitated by the COVID-19 pandemic, insureds filed business-interruption and other claims with their commercial-liability insurers. As insurers denied those claims, insureds filed suit,...more
On February 19, 2021, the West Virginia Senate passed SB 277, the “COVID-19 Jobs Protection Act.” The purpose of the Act is stated to “eliminate the liability of the citizens of West Virginia and all persons including...more
2/25/2021
/ Business Entities ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Immunity ,
Liability ,
Long Term Care Facilities ,
Manufacturers ,
Re-Opening Guidelines ,
State and Local Government
As the country prepares to end the fight against COVID-19, questions regarding the distribution of vaccines have understandably been at the forefront of the minds of Long-Term Care Facilities (“LTCF”). Indeed, those questions...more
12/10/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
First Responders ,
Health Care Providers ,
Healthcare Workers ,
Legislative Agendas ,
Long Term Care Facilities ,
Nursing Homes ,
Patients ,
Pharmaceutical Industry ,
State and Local Government ,
Vaccinations
According to the FBI, “The total cost of insurance fraud (non-health insurance) is estimated to be more than $40 billion per year. That means Insurance Fraud costs the average U.S.family between $400 and $700 per year in the...more
The Fourth Circuit Court of Appeals in United Financial Casualty Company v. Ball vacated a judgment of the District Court for the Southern District of West Virginia. The Court held that the district court had improperly found...more
On October 31, 2019, the Supreme Court of Pennsylvania decided Yanakos v. UPMC, et al. and declared the seven-year statute of repose under the Pennsylvania Medical Care Availability and Reduction of Error (“MCARE”) Act...more
11/14/2019
/ Appeals ,
Cause of Action Accrual ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Health Care Providers ,
Malpractice Insurance ,
Medical Malpractice ,
PA Supreme Court ,
Standard of Care ,
State Legislatures ,
Statute of Repose ,
Time-Barred Claims