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Stikeman Elliott LLP

Ontario Announces Consultation on Selling Automobile Insurance Products at Dealerships

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On November 22, 2024, the Ontario Ministry of Finance announced that it is proceeding with a plan announced in Ontario’s 2024 Budget that will give the Financial Services Regulatory Authority (FSRA) the power to initiate a...more

Marshall Dennehey

A Claim for Bad Faith Must Be Plausible, Not Just Possible

Marshall Dennehey on

Hampton v. Progressive Insurance Company, Slip Copy, 2024 WL 2301366 - Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to...more

Integreon

How AI is Reshaping Cyber Insurance

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AI emerges as both threat and solution in cyber insurance, reshaping risk assessment and breach response. AI is transforming the work of professionals everywhere. Unfortunately, that includes cybercriminals....more

Holland & Knight LLP

Understanding the Recent Wave of Litigation Targeting Tobacco-Free Wellness Programs

Holland & Knight LLP on

The Employee Retirement Income Security Act (ERISA) prohibits employers who offer health and welfare benefit plans from discriminating against plan participants on the basis of a health status-related factor, such as a...more

Morris, Manning & Martin, LLP

Navigating AI Risks. Part III: Leveraging Insurance to Mitigate AI Risks

Part III: Leveraging Insurance to Mitigate AI Risks - As boards navigate the complex landscape of AI integration, the risks associated with this powerful technology are multifaceted and evolving. From potential data breaches...more

Kennedys

Not enough slices of the pie: Handling multiple claims and insufficient policy limits

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Insurers often face the difficult scenario of multiple claims by third-parties under the same policy. In these situations, the reality is that no matter how many claims are settled, the available policy limits may be...more

Wiley Rein LLP

PBM Contracting and Administration: What Are the Rules of the Road for Self-Insured Employees?

Wiley Rein LLP on

In February 2024, a group representing (among others) the Johnson & Johnson Group Health Plan and its component plans (Plaintiffs) sued Johnson & Johnson and The Pension & Benefits Committee of Johnson and Johnson (J&J) over...more

King & Spalding

OIG Report Finds that the Medicare Program Improperly Paid Acute-Care Hospitals for Outpatient Services Provided to Hospice...

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On November 12, 2024, OIG published a report concluding that the Medicare program overpaid acute-care hospitals an estimated $190 million over five years for outpatient services provided to hospice enrollees....more

Gray Reed

Master Service Agreement Imposes a Ceiling on Indemnity Obligations

Gray Reed on

Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more

A&O Shearman

The FCA's non-financial misconduct survey: decoding the findings

A&O Shearman on

In February 2024, the FCA sent a survey to 1,028 wholesale firms (insurers, market intermediaries, banks and brokers) asking about recorded incidents of non-financial misconduct between 2021 and 2023. With a 96% response...more

A&O Shearman

Pensions: what's new this week December 2, 2024

A&O Shearman on

Welcome to your weekly update from the A&O Shearman pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. DB Funding code: Fast Track submission tests and conditions...more

Jackson Lewis P.C.

Potential Shifts in Employee Benefits: A Guide for Employers Under Trump

Jackson Lewis P.C. on

As we prepare for another change in Administration in the White House, it is crucial for employers and plan sponsors to stay informed and prepared. While much of what lies ahead is speculative, understanding these possible...more

Troutman Pepper

6 Considerations to Determine if a Cyber Incident Is Material

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In late June, the staff of the U.S. Securities and Exchange Commission’s Division of Corporation Finance released five new compliance and disclosure interpretations regarding the disclosure of material cybersecurity incidents...more

Marshall Dennehey

Superior Court of Pennsylvania Affirmed the Trial Court’s Denial for Post-Trial Relief Against the Plaintiff

Marshall Dennehey on

Vaughan v. Williams, Slip Copy, 2024 WL 1231352 - The plaintiff filed suit against the defendant, alleging negligence in a motor vehicle accident where the defendant’s vehicle struck the plaintiff’s after the defendant...more

Marshall Dennehey

Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration

Marshall Dennehey on

Gov’t Emps. Ins. Co. v. Mount Prospect Chiropractic Ctr., P.A., 98 F.4th 463 (3d Cir. 2024) - The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or...more

Groom Law Group, Chartered

DOL & Treasury Extend Certain ERISA-Related Deadlines for Helene and Milton Impacted Areas

On November 8, the Departments of Labor and Treasury (the “Departments”) issued guidance extending certain deadlines related to retirement, health, and welfare plans in response to Hurricane Helene, Tropical Storm Helene, and...more

Bond Schoeneck & King PLLC

Insurance Companies Face $11.3 Million in Fines Due to Cybersecurity Failures

In yet another example of the importance of a robust cybersecurity and data protection system, New York Attorney General (OAG) and the New York State Department of Financial Services (DFS) collectively fined the insurance...more

A&O Shearman

Securing our world: how businesses can prepare for and recover from cyber attacks

A&O Shearman on

As part of our Cybersecurity Awareness Month program of events, we hosted our inaugural Cybersecurity Forum on October 1 at our London office and online. Compèred by Ffion Flockhart, global head of cybersecurity, the day’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Association of Insurance Commissioners (NAIC) Fall 2024 Meeting Summary

The Mitchell Williams Insurance Regulatory team of attorneys recently attended the National Association of Insurance Commissioners (NAIC) Fall 2024 National Meeting which was held in Denver, Colorado. We have prepared a...more

Davis Wright Tremaine LLP

CMS Finalizes Changes to the Medicare Parts A and B Overpayment Rule

In the Calendar Year 2025 Medicare Physician Fee Schedule, the Centers for Medicare & Medicaid Services (CMS) finalized changes to the Medicare Parts A and B Overpayment Rule that were proposed in two prior rulemakings. This...more

Maison Law

The Worker's Compensation Process in California

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According to the California Department of Industrial Relations, California had 680,152 workers' compensation claims in 2023, based upon first reports of injuries. This translates to 3.6 worker injuries per every 100 employees...more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

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A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

Quarles & Brady LLP

Final Rule under MHPAEA Clarifies NQTL Comparative Analysis Requirement

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On September 23, 2024, the Departments of Labor, Treasury, and Health and Human Services (together, “Departments”) issued a final rule (“Final Rule”) under the Mental Health Parity and Addiction Equity Act (“MHPAEA”). The...more

Quarles & Brady LLP

Uncertainty on Health Care Rules Amid Administration Change

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In recent months, several changes to healthcare rules regulations focusing on reproductive health care have been introduced. These include (1) privacy protections for reproductive health data under HIPAA, (2) expanding access...more

Eversheds Sutherland (US) LLP

Highlights from the NAIC Fall 2024 National Meeting

In our recent webinar, members of the Eversheds Sutherland Insurance Practice Group discussed noteworthy developments from the National Association of Insurance Commissioners (NAIC) Fall National Meeting that was held in...more

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