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Ward and Smith, P.A.

Lessons Learned: Wisdom from Professional Licensing Attorneys

Ward and Smith, P.A. on

Having been in the company of literally thousands of physicians, dentists, psychologists, nurses, and just about every other kind of health professional as they undergo investigations, reviews, and prosecutions of their...more

Cozen O'Connor

When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study

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In a recent decision by the U.S. District Court for the Middle District of Florida, Wood v. GeoVera Specialty Insurance Company (2024 WL 3952571), the court affirmed that unambiguous policy limits remain enforceable even when...more

Carlton Fields

Up, Up, and Away for RILA Regulation: SEC Adopts Long-Awaited Framework

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On July 1, 2024, pursuant to congressional mandate, the SEC adopted a new registration framework for registered index-linked annuities (RILAs). In addition, the SEC has extended the ambit of this framework to include...more

Buchalter

Actual Loss Under A Title Insurance Policy Is Calculated Based On The “Highest And Best Use” Of The Insured Real Property

Buchalter on

In a victory for all insureds who have title insurance policies, and possibly a victory for insureds under other real property related insurance policies, the California Court of Appeal in Tait v. Commonwealth Land Title...more

Mintz - Bankruptcy & Restructuring Viewpoints

Early- and Growth-Stage Companies in Distress: What Directors Need to Know about their Fiduciary Duties

Most high-growth companies find themselves in a race against the clock, trying to use whatever capital they may have to achieve milestones prior to hitting their cash-out date. When markets are tight, as they have been over...more

Searcy Denney Scarola Barnhart & Shipley

Proving a Hit and Run in Florida: What Evidence is Needed?

If you were injured in a hit-and-run accident in Florida, you will need evidence to file an insurance claim. While your personal injury protection (PIP) policy should provide a small amount of coverage regardless of what...more

Marshall Dennehey

Commonwealth Court Holds That Claimant Who Was Sole Proprietor is Required to Provide Notice of Work-related Injury to Workers’...

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Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer - In this case, the claimant was the owner of the employer and the sole employee. He...more

Wiley Rein LLP

California Court of Appeal Affirms Dismissal of Claims against Excess Insurers for Insureds’ Failure to Allege Exhaustion

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The California Court of Appeal, applying California law, has affirmed a trial court’s decision dismissing claims with prejudice against two excess carriers for the insureds’ failure to allege exhaustion of the underlying...more

Davis Wright Tremaine LLP

Anything But Routine: New UnitedHealthcare Line-Item Denial Process May Significantly Impact Hospital Reimbursement

UnitedHealthcare recently announced that it will implement a process effective December 1, 2024, under which United may deny charges for inpatient and outpatient facility services that United considers "routine."...more

Locke Lord LLP

Massachusetts Appoints New DOI Commissioner: Michael Caljouw

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On October 3, Governor Maura Healey appointed Michael T. Caljouw as the new Commissioner of the Massachusetts Division of Insurance (DOI). Starting November 4, 2024, Caljouw will bring over 30 years of experience in insurance...more

J.S. Held

Cyber Business Interruption Playbook: A Guide to Response and Recovery

J.S. Held on

Over the past 20 years, technology has changed the way we communicate, conduct business, and live. It is rare to walk down a city street and not see a person using some type of technology. It has become an integral and...more

DLA Piper

California Implements New AI and Software Regulations for Insurers

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On September 28, 2024, California enacted SB 1120, which regulates the use of artificial intelligence (AI), an algorithm, or “other software tool” in utilization review and utilization management (UR/UM) functions by...more

Morgan Lewis

Update: NAIC Proposals to Challenge Credit Ratings for Structured Securities

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The National Association of Insurance Commissioners’ (NAIC’s) proposed changes to credit ratings for structured finance instruments aim to increase regulatory scrutiny and reduce risks tied to perceived arbitrage. These...more

McGuireWoods LLP

Tips for Pursuing Insurance Claims and Disaster Relief Funding in North Carolina After Hurricane Helene

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Hurricane Helene made landfall in Florida on September 26, 2024, eventually making its way up to western North Carolina where it caused unprecedented damage. The estimated costs associated with these damages grow daily, with...more

Lathrop GPM

Understanding Business Insurance in the Wake of Hurricane Helene

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Current reports estimate there will be over $5 billion in insured losses from Hurricane Helene, as the devastating hurricane tore through at least six states and has resulted in over 100 deaths since Thursday, September 26,...more

McDermott Will & Emery

Reciprocal Jurisdiction Reinsurers: Where Are They Now?

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In September 2017, the European Union and the United States executed a bilateral treaty called the US-EU Covered Agreement, which for the first time ever permitted US ceding insurers to receive 100% credit on their statutory...more

Searcy Denney Scarola Barnhart & Shipley

Personal Injury Claims: A Passenger's Rights

If you were injured in an auto accident as a passenger in Florida, what are your legal rights? This is a critical question. Accident-related injuries can prove incredibly expensive, and you shouldn’t have to bear the costs of...more

Perkins Coie

Responding to Hurricane Helene: Making Insurance Claims That Get Paid

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Hurricane Helene has carved a path of devastation through the American Southeast, exposing continued shortcomings in local, state, and federal infrastructure and causing harm to both persons and property....more

Ballard Spahr LLP

Tobacco Surcharge Lawsuits Lighting Up Common Wellness Program Designs

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A new and unprecedented wave of class action complaints is targeting a common feature of many employer-sponsored benefit plans: tobacco-user surcharges. These surcharges are often part of a wellness program that charges...more

Carlton Fields

Aerial Overview: Recent Developments in Life, Accident, and Long-Term Care Litigation

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In Meyer v. Massachusetts Mutual Life Insurance Co., the U.S. District Court for the District of Colorado entered summary judgment for an insurer after video evidence showed that the insured was not entitled to the benefits...more

Woodruff Sawyer

Large Derivative Suit Settlements and Your Side A D&O Insurance

Woodruff Sawyer on

Traditionally, this has been the main type of derivative suit that has resulted in large settlements. Merger and acquisition cases are common here. Examples of these types of suits include Paramount Global (CBS-Viacom merger)...more

Epstein Becker & Green

Application of New Mental Health Parity Rules to Provider Network Composition and Reimbursement: Perspective and Analysis

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On September 23, 2024, the U.S. Departments of Labor, the Treasury, and Health and Human Services (collectively, the “Departments”) released final rules (the “Final Rules”) that implement requirements under the Mental Health...more

Kennedys

Pennsylvania Supreme Court finds no coverage for COVID-19 business interruption losses

Kennedys on

In a long-awaited decision, the Pennsylvania Supreme Court ruled in favor of the insurance companies in two appeals involving the availability of business interruption insurance coverage for losses stemming from the COVID-19...more

Jackson Lewis P.C.

Health Plan Hygiene Part 4 – Show Me the Money

Jackson Lewis P.C. on

Our “health plan hygiene” series has focused on steps that fiduciaries of employer-sponsored group health plans can take to ensure they meet their fiduciary responsibilities. This issue has been brought to the forefront...more

Searcy Denney Scarola Barnhart & Shipley

Common Mistakes to Avoid When Filing an Auto Accident Claim in Florida

If you have a claim after an auto accident in Florida, it is up to you to make sure you receive the financial compensation you deserve. You need to take action promptly, but you also need to be very careful to avoid mistakes...more

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