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Pillsbury - Policyholder Pulse blog

Permit? So What! — Illinois Supreme Court Poised to Test the Limits of Pollution Exclusions

The Illinois Supreme Court has teed up a significant insurance question: Does a standard pollution exclusion bar coverage when the alleged “pollution” was not considered to be pollution when the policy issued—where the...more

Marshall Dennehey

Post-Accident Drug Testing and Consent: Evaluating Reasonable Suspicion Under Florida Workers’ Compensation Law

Marshall Dennehey on

Juan Maldonado v. D & A Building Services, Inc./Bridgefield Casualty Insurance Company, OJCC Case No.: 24-018373NPP - The claimant was injured in a workplace accident and subsequently hospitalized. Following the incident, the...more

Bradley Arant Boult Cummings LLP

2nd Circuit Holds Arbitration Treaty Trumps State Insurance Law

On May 8, the Second Circuit held that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards trumps a Louisiana state law barring arbitration of insurance disputes in a pair of cases, Certain...more

A&O Shearman

Consolidated Q&A on PRIIPs KID updated

A&O Shearman on

The Joint Committee of the European Supervisory Authorities (ESAs) has updated its consolidated Q&A on the EU packaged retail and insurance-based investment products (PRIIPs) key information document...more

Ballard Spahr LLP

WA State Court: No COVID-19 Coverage in Tulalip Tribes v. Lexington

Ballard Spahr LLP on

In a recent COVID-19 Washington State insurance bad faith case, Tulalip Tribes of Washington v. Lexington Ins. Co., Division I of the Washington Court of Appeals affirmed Washington’s stance holding lost physical use of...more

Ballard Spahr LLP

Mental Health Brake: 2024 MHPAEA Regulations Put on Hold

Ballard Spahr LLP on

A recent court filing offers a reprieve to health plan sponsors in their efforts to comply with final regulations issued last year under the Mental Health Parity and Addiction Equity Act (MHPAEA)....more

Groom Law Group, Chartered

District Court Dismisses Weight Loss Drug Discrimination Suits

The U.S. District Court for the District of Maine recently dismissed two separate suits alleging that health plans’ coverage exclusion for weight loss drugs constitutes unlawful disability discrimination. Both complaints...more

Hogan Lovells

Seeing the light: rights of light in the post protocol era and early resolution of disputes

Hogan Lovells on

We were delighted to be joined by our panel of leading rights of light experts, including Paul Tonkin and Jonathan Karas KC - the authors of the rights of light protocol - and Nathasha Bray and Jerome Webb, who were part of...more

Cozen O'Connor

Justice Department Continues Pattern of False Claims Act Suits Due to Alleged Kickbacks

Cozen O'Connor on

On May 1, the federal government brought a False Claims Act (“FCA”) suit against three health insurers, as well as three insurance brokers. The Justice Department’s suit alleges that the insurers paid millions of dollars in...more

Epstein Becker & Green

Federal Regulators Announce Non-Enforcement of the 2024 Rule for Mental Health Parity

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On May 9, 2025, the Departments of Labor, Health and Human Services, and Treasury (collectively, “the Departments”) asked the D.C. federal court to suspend litigation while they consider whether to rescind or modify the 2024...more

Hogan Lovells

HL UK Pensions Law Digest 12 May 2025

Hogan Lovells on

A bite-sized summary of recent UK pension news Welcome to our latest update, in which we cover: Pensions dashboards: schemes with multiple administrators A toolkit from the Pensions Administration Standards Association...more

Kennedys

US Tariffs: the regulatory landscape, impact on trade and strategic guidance for clients in the commercial, maritime and insurance...

Kennedys on

Presidential authority & legal foundations for US tariff policies The legal framework governing tariffs in the US is rooted in the US Constitution, which grants Congress the power to levy tariffs. However, this authority has...more

A&O Shearman

Helping consumers navigate their financial lives: The FCA’s Strategy for 2025 – 2030

A&O Shearman on

The UK Financial Conduct Authority (FCA) has outlined its strategy for the next five years, reaffirming its commitment to prioritising consumer interests. Building on the foundation laid by the previous strategy, which...more

Alston & Bird

CPPA Issues Revised Draft CCPA Regulations; Votes to Initiate Public Comment Period

Alston & Bird on

On May 1, 2025, the California Privacy Protection Agency (“CPPA”) Board convened to discuss revisions to the California Consumer Privacy Act (“CCPA”) draft regulations on cybersecurity audits, risk assessments, automatic...more

Mayer Brown

The Pensions Brief: May 2025

Mayer Brown on

ISSUES AFFECTING ALL SCHEMES - PENSIONS DASHBOARDS – PREPARATIONS FOR CONNECTION - As part of its campaign to get the pensions industry “dashboards-ready”, the Pensions Regulator (TPR) has released a series of short...more

Pillsbury - Propel

Preparing for the Unthinkable: Treatment of Compensation and Benefits on Death of an Employee

Pillsbury - Propel on

When an employee unexpectedly dies, companies often want to act quickly so as to minimize disruption to the deceased employee’s family. While that is an important goal, companies need to ensure that they follow federal and...more

Marshall Dennehey

Court Affirms Judge’s Discretion in Refusing to Set Aside Mistakenly Issued Medical-Only NCP

Marshall Dennehey on

City of Philadelphia and PMA Management Corp. v. John Bell; No. 648 C.D. 2024; filed April 2, 2025; Judge Wallace - The Commonwealth Court upheld a decision refusing to set aside a Medical-Only Notice of Compensation Payable...more

Wiley Rein LLP

One Claim Can’t Be “Deemed Made” Twice, Minnesota Court Holds

Wiley Rein LLP on

The Minnesota Court of Appeals has held that a malpractice claim was “deemed made” against an insured law firm when it received from its former client’s new counsel a letter directing the law firm to preserve records related...more

Eversheds Sutherland (US) LLP

Recent Executive Order on disparate impact: what it means for insurer’s use of AI

On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (order). The order declares disparate impact theory to be “wholly inconsistent with the...more

Cozen O'Connor

Court Weighs in on Determining “Period of Restoration”

Cozen O'Connor on

In Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of...more

Pullman & Comley - Connecticut Health Law

Head of Connecticut OHS to Resign

Late last week, Governor Lamont announced that the Commissioner of the Office of Health Strategy (OHS), Deidre Gifford, plans to retire from state service in June. No successor was named. ...more

Carlton Fields

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

Carlton Fields on

On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more

Tyson & Mendes LLP

But I Didn’t Mean to Do It …

Tyson & Mendes LLP on

As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making...more

Orrick, Herrington & Sutcliffe LLP

Montana amends consumer protection law against false advertising

On May 1, the governor of Montana signed into law HB 114 which revises several laws related to consumer protection, focusing on unfair financial planning practices, insurance, and deceptive advertising in the insurance...more

Rivkin Radler LLP

FCA Case Against Insurers Alleges Kickbacks and Discriminatory Practices

Rivkin Radler LLP on

On May 1, a whistleblower filed a complaint under the federal False Claims Act (FCA) against Aetna, Elevance Health (formerly Anthem) and Humana alleging that the insurers paid hundreds of millions of dollars in illegal...more

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