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Carlton Fields

Massachusetts High Court Rejects Insurance Company’s Application of “Physical Abuse” Exclusion to a Personal Injury Claim...

Carlton Fields on

Insurance companies typically incorporate intentional harm exclusions into their homeowners’ insurance policies, which allow them to deny coverage where the insured intentionally causes bodily injury or property damage....more

McAfee & Taft

IRS announces relief for certain Form 1094/1095 reporting requirements

McAfee & Taft on

In a similar move as in previous years, the IRS has issued relief from certain Form 1094-C and 1095-C reporting requirements under the Affordable Care Act relating to employee health plans, as well as relief from certain...more

Ballard Spahr LLP

FinCEN Issues Advisory on COVID-19 and Unemployment Insurance Fraud

Ballard Spahr LLP on

On October 13, the Financial Crimes Enforcement Network (“FinCEN”) issued a COVID-19-related Advisory “to alert financial institutions to unemployment insurance (“UI”) fraud observed during the COVID-19 pandemic.” It is the...more

Cozen O'Connor

Ensuing Loss Clause Does Not Create Coverage for “Collapse” Inseparable from Damage Caused by Excluded Perils

Cozen O'Connor on

     In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks...more

Faegre Drinker Biddle & Reath LLP

The Future of Wellness Programs Offered by Long-Term Care Insurers

Long-term care insurance is intended to protect against the chances that someone faces a physical or cognitive impairment that impacts their daily life in a significant way, and which is chronic in nature – in other words, an...more

Foley & Lardner LLP

CMS Announces New Medicare Telehealth Services and Updates Medicaid Telehealth Toolkit

Foley & Lardner LLP on

On October 14, 2020, CMS added eleven new codes to the list of telehealth services covered by Medicare during to the COVID-19 Public Health Emergency (PHE). Coverage for these new services is effective immediately and will...more

Faegre Drinker Biddle & Reath LLP

Catching up on the NAIC Data Security Model Law, Part 2

As insurers continue to grapple with a number of pressing issues — COVID-19 lockdown, an effective California Consumer Privacy Act, and the pending California Privacy Rights Act — many may have lost track of states’ actions...more

King & Spalding

U.S. Supreme Court Declines to Review False Claims Act Materiality Standard

King & Spalding on

On October 5, 2020, the U.S. Supreme Court declined to review a case questioning the materiality standard for Medicare fraud cases under the False Claims Act (FCA). The case involved allegations that Lawrence Memorial...more

Holland & Hart - The Benefits Dial

I’m Just Waiting on an… End to the Extended ERISA Deadline Periods

Early in the pandemic, the IRS and DOL issued a temporary rule (published May 4, 2020) extending certain deadlines applicable to retirement plans and health and welfare plans. (See Deadlines and Commitments: DOL and IRS...more

Arent Fox

Investigations Newsletter: Medical Device Manufacturer Settles Improper Payment Allegations for $18 Million

Arent Fox on

Medical Device Manufacturer Settles Improper Payment Allegations for $18 Million - Merit Medical Systems Inc. (MMSI), a Utah-based medical device maker, will pay $18 million to settle allegations that it engaged in a...more

Locke Lord LLP

OK Court Gives Enstar’s IBT The OK

Locke Lord LLP on

On October 15, 2020, the Oklahoma County District Court for the State of Oklahoma, issued its Judgement and Order of Approval and Implementation of the Insurance Business Transfer Plan (“IBT Plan”) (“Order”) filed by...more

Faegre Drinker Biddle & Reath LLP

Annuity Overpayments: What You Need to Know

Each year, insurers pay out millions of dollars on annuities that are not owed. This not only results in financial loss, but also leads to over-inflated reserves. The problem persists because it is increasingly difficult for...more

Faegre Drinker Biddle & Reath LLP

SEC Adopts New Rule 498A for Variable Contracts

On March 11, 2020, the U.S. Securities and Exchange Commission adopted new Rule 498A under the Securities Act of 1933, as amended, and related form and rule amendments. The new rule and amendments are intended to modernize...more

Wiley Rein LLP

Despite Allegation that Law Firm Was Not Providing “Legal Advice,” Complaint Triggers Duty to Defend Under Lawyers’ Professional...

Wiley Rein LLP on

A California federal court has held that a complaint alleging that a law firm was providing services in a non-legal capacity nonetheless triggered a duty to defend the firm under a lawyers’ professional liability policy,...more

Cozen O'Connor

Trouble Brewing: Florida Federal Court Dismisses Beer Distributor’s Claim for COVID-19 Losses

Cozen O'Connor on

Insurance claims arising out of COVID-19-related commercial losses have been hotly contested, and lawsuits have been filed across the country by policyholders seeking coverage for lost business income.  These claims typically...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: Utah Court Rules ERISA Plan Was Wrong to Deny Coverage for Mental Health Care Received at...

In Raymond M. v. Beacon Health Options, Inc., 2020 U.S. Dist. LEXIS 94615 (D. Utah, May 29, 2020), a Utah district court held that an ERISA plan improperly applied acute-level criteria when denying benefits for a...more

Butler Snow LLP

Got Termites? Are you Protected Against Damage to Your Home Caused by Termite Infestation?

Butler Snow LLP on

Allie Gaiter* is a lifelong resident of Louisiana and has owned a modest home in Pierre Part, Louisiana for the past 20 years. Allie recently noticed damaged wood around her kitchen window and discolored sheetrock in the...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: Second Circuit Allows Breach of Fiduciary Duty Claim to Proceed Based on Misrepresentation...

In Sullivan-Mestecky v. Verizon Communs. Inc., 961 F.3d 91 (2d Cir. 2020), the Second Circuit held that a claim under Section 502(a)(3) of ERISA could proceed, where the beneficiary pled that the plan and its agents...more

Ary Rosenbaum

They will always be selling

Ary Rosenbaum on

When I was a kid, there were two varieties of Cheerios, one version of Listerine, and one type of Crest toothpaste. If you got to the supermarket these days, there are about a dozen varieties of Cheerios, more than a half...more

Murtha Cullina

Compliance Check-In: Are You Ready For The Information Blocking Rule?

Murtha Cullina on

We are just weeks away from portions of the Office of the National Coordinator’s (“ONC”) Information Blocking Final Rule (“Final Rule”) going into effect on November 2, 2020. While the Final Rule applies to health care...more

King & Spalding

CMS Announces 14-Week Timeline for Hospitals to Comply with Daily COVID-19 Reporting Requirements or Risk Termination from...

King & Spalding on

On October 6, 2020, CMS announced new enforcement measures to ensure hospitals report daily COVID-19 data, with the exception of psychiatric and rehabilitation hospitals that must report weekly, to the federal government...more

Morris James LLP

CCLD Finds Insurer’s Advancement Obligation Triggered Prior to Final Non-Appealable Damages Judgment

Morris James LLP on

Ferrellgas Partners L.P v. Zurich American Insurance Company, C.A. No. N19C-05-275 MMJ CCLD (Del. Super. Aug. 20, 2020) - The Superior Court of Delaware, Complex Commercial Litigation Division recently expanded on its...more

Faegre Drinker Biddle & Reath LLP

IRS Extends Deadline for Certain ACA Reporting Requirements

In Notice 2020-76 (Notice), the IRS extended the deadline from January 31, 2021, to March 2, 2021, for furnishing Forms 1095-B and 1095-C to individuals for reporting year 2020. Note that the Notice does not extend the...more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

Holland & Knight LLP on

More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

White and Williams LLP

The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL...

White and Williams LLP on

It is an outcome few people expected. Back in August, the Judicial Panel on Multidistrict Litigation (Panel) refused plaintiffs’ requests to set up a single industry-wide multi-district litigation, which would have...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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