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WV Legislative Brief - March 2018

by Steptoe & Johnson PLLC on

The 2018 teachers’ strike in West Virginia reached an end on Tuesday, March 6, 2018. The strike was the longest in state history, lasting a total of 13 days – 2 days longer than the 1990 teachers’ strike. The strike ended...more

Defence + Indemnity: February 2018 - VI. SURETY AND BOND ISSUES

by Field Law on

VI. SURETY AND BOND ISSUES - A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard...more

Deep Dive: Association Health Plans - Part 1

by Bryan Cave on

On October 12, 2017, President Trump signed a “Presidential Executive Order Promoting Healthcare Choice and Competition Across the United States” (the “Executive Order”) to “facilitate the purchase of insurance across State...more

ERISA: Using the 24 Month Mental/Nervous Limitation to Win Claims Alleging Physical Disability

What happens when a claimant asserts totally disability… caused by subjective physical pain and mental illness? For example, sometimes claimants allege total disability from the combined conditions of subjective pain...more

Plan Participant Waived Remedy for Untimely Benefits Determination

The Seventh Circuit rejected a disability plan participant’s argument that an untimely decision denying his claim for long-term disability benefits warranted changing the standard of review from arbitrary and capricious to de...more

April 1, 2018 is Fast Approaching – Are Your Disability Claims Procedures Ready?

by Foley & Lardner LLP on

The Department of Labor issued the final disability claims regulations on December 16, 2016. These regulations are effective for all claims filed on or after April 1, 2018. The Department felt the update was needed to...more

Late Notice Under Claims-Made Policy Torpedoes Claim

by Nexsen Pruet, PLLC on

A recent ruling by a North Carolina federal district court highlights the different treatment the courts give to the late notice defense under a claims-made liability insurance policy versus an occurrence-based policy. The...more

No Joke: New Disability Regulations To Go Into Effect April 1, 2018

by Hellmuth & Johnson PLLC on

People who make a disability claim in the U.S. will have stronger protections when a new rule goes into effect April 1, 2018. Late last year, the Department of Labor released a final rule to strengthen the claims and appeals...more

Ninth Circuit Affirms Carrier Had Duty to Defend Employment Class Action

Fewer and fewer companies in California have insurance coverage for “wage and hour” claims, i.e. claims for failure to pay overtime, failure to provide meal and rest periods, and failure to provide accurate itemized wage...more

As Congress Struggles With ACA Repeal, Trump Administration Moves Forward With Regulatory Reform

The Trump administration and Republican-led Congress spent substantial time and political capital in 2017 on efforts to repeal and replace the Affordable Care Act (ACA) and enact sweeping Medicaid reform. By the end of the...more

2018 Budget Deal Delays Several Affordable Care Act Taxes and Fees

by McNair Law Firm, P.A. on

On January 22, 2018, President Trump signed into law H.R. 195 (hereinafter referred to as the “2018 Budget Deal”) which ended the federal government shutdown and funds the federal government through February 8, 2018. In...more

Helping Handbook for Those Affected by Northern California Wildfires 2017-2018

by Morrison & Foerster LLP on

This handbook provides an overview of some issues that individuals, families, and small businesses may face as a result of the wildfires, mudslides, and related disasters that hit Southern California in December 2017 and...more

Will Deductible-Free Vasectomies Neuter HSAs in Maryland?

by Miles & Stockbridge P.C. on

It all started with good intentions. On May 10, 2016, Maryland approved the Contraceptive Equity Act. One purpose of the act is to require Maryland’s health insurers to cover vasectomies without charging deductibles,...more

Pensions Ombudsman Round-Up December 2017 (UK)

by DLA Piper on

Welcome to the latest edition of DLA Piper’s Pensions Round-Up newsletter in which we provide an overview of developments in pension legislation and regulatory guidance. In this edition we look at key developments from...more

New Disability Claims Regulations Take Effect for All Plans April 1, 2018

by Snell & Wilmer on

As noted in our previous blog post, The New Disability Claims Regulations: They Don’t Only Apply to Disability Plans, the Department of Labor (“DOL”) issued regulations that revise the ERISA claims procedure regulations for...more

SEC Whistleblower Awards to Insurance Department Employees?

by Carlton Fields on

Many federal, state, and local governmental employees may be eligible for awards pursuant to the SEC’s whistleblower program under the Dodd-Frank Act. If a report to the SEC leads to an enforcement action that results in...more

Association Health Plans: New Proposed Rule to Help Convert Small Businesses and Self-Employed Individuals into a Status Similar...

by Epstein Becker & Green on

The Trump Administration has published a proposed rule allowing a significant change to the definition of "employer" under ERISA that would enable small businesses and self-employed individuals to band together to create...more

Massachusetts to (Again) Require Health Care Reporting by Employers

Massachusetts employers with 6 or more employees will soon be required to prepare and file a new health care reporting form referred to as the “healthcare coverage form.” While reminiscent of the now repealed “Health...more

Did Santa Give the Insurance Industry a Lump of Coal or a Diamond in the Rough? The Proposed Suitability and Best Interest...

by Carlton Fields on

As reported in our November 28 client alert, the National Association of Insurance Commissioners’ (NAIC) Annuity Suitability Working Group (Suitability WG) circulated the proposed Suitability and Best Interest Standard of...more

The DOL Fiduciary Rule: Charting a Course, Avoiding Collisions & Potential Litigation Q&A #4 - Q&As on Annuity Sales Practices,...

by Carlton Fields on

For the past several months, we have written about potential litigation issues under the “revised temporary” DOL Rule involving the offer and sale of annuities in the IRA market. This article continues that discussion. ...more

Thank You IRS - Extensions for This Year’s ACA Tax Reporting

by Foley & Lardner LLP on

The “Bottom Line” - Employers will have until March 2, 2018 to furnish Form 1095-C (“Employer-Provided Health Insurance Offer and Coverage”) to employees.,,...more

Massachusetts Employers Should Prepare for Penalties and Other Changes to Law Regarding Health Care Contributions

In August 2017, Governor Charlie Baker signed into law, “An Act Further Regulating Employer Contributions to Health Care,” which became effective on January 1, 2018, and will remain on the books through the end of the 2019...more

Massachusetts Division of Unemployment Assistance Issues Final Regulations Implementing the EMAC Supplemental

As we reported in a previous post, Massachusetts Governor Charlie Baker in August 2017 signed into law H. 3822, “An Act Further Regulating Employer Contributions to Health Care” (the “Act”). Among other things, the law...more

Beltway Buzz - January, 2017

Welcome to the first edition of the 2018 Beltway Buzz. While political and policy discussions are beginning to heat up again in our nation’s capital, the weather is not....more

Defence + Indemnity: December 2017 - I. Insurance Issues C.

by Field Law on

I. INSURANCE ISSUES - E. A hospital insurer was held to owe a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasion or...more

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