News & Analysis as of

Insurance Industry Medical Malpractice

Searcy Denney Scarola Barnhart & Shipley

Seasonal Weather Hazards and Personal Injury in Tallahassee

While we might not get snow in Tallahassee, seasonal weather hazards still play a role in our lives at various points throughout the year. Rather than snow storms, hurricanes and tropical storms are our primary concern—with...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

Wiley Rein LLP

Material Misrepresentations on Application and Prior Knowledge Preclude Professional Liability Coverage for Behavioral Health...

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The United States District Court for the Central District of California, applying California law, has held that an insured behavioral health center’s material misrepresentations on an application and its prior knowledge...more

Marshall Dennehey

Message From the Executive Committee

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John F. Kennedy once said, “Change is the law of life, and those who look only to the past and present are certain to miss the future.” Indeed, every time we ring in a new year, there are inevitably new laws, regulations, or...more

Locke Lord LLP

LL Surplus Lines Series (Entry 31): ELANY Issues Commentary on NY Cybersecurity Regulation Developments, E&S Diligent Search...

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The Excess Line Association of New York (“ELANY”) delivered its April 2021 issue of the “E&S Empire Express,” a publication designed to provide an overview of ELANY’s recent activities, including employment changes,...more

McDermott Will & Emery

Top Takeaways - Cybersecurity & Insurance Coverage in the Age of Telehealth: Understanding and Mitigating Your Risk

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With more frequent and more severe ransomware attacks against health care platforms and vendors and the increasing use of telemedicine, it is critical to understand how to proactively defend your organization using robust...more

McDermott Will & Emery

[Webinar] Cybersecurity & Insurance Coverage in the Age of Telehealth: Understanding and Mitigating Your Risk - April 8th, 12:00...

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Amid the demands of the COVID-19 pandemic, telemedicine became a vital resource for physicians and patients alike. Even with a potential “new normal” on the horizon, telemedicine is here to stay. But with the expansion of...more

Roetzel & Andress

Malpractice Insurance: What Providers Need to Know

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Roetzel health law attorneys and HealthLaw HotSpot co-hosts Ericka Adler and David Hochman are joined this week by Mike Madey, the vice president of business insurance at The Horton Group, in a discussion of malpractice...more

White and Williams LLP

White and Williams Files Amicus Brief in Pennsylvania Medical Malpractice Time-Limit Ruling

White and Williams LLP on

White and Williams, on behalf of various industry groups, including the Hospital and Healthsystem Association of Pennsylvania, filed an amicus brief on November 14th urging the Pennsylvania Supreme Court to reconsider its...more

Rumberger | Kirk

Four Things Insurance Companies Should Know About Florida House Bill 301

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Florida House Bill 301—approved by the Florida Legislature in the 2019 Regular Session and signed by the Governor—addressed a number of different issues relating to insurance in Florida. This article discusses four of those...more

Saul Ewing LLP

District of Rhode Island Applies Follows Eighth Circuit Rationale as Law of the Case to Allow Claim for Insurance Bad Faith to...

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Columbia Casualty Company v. Ironshore Specialty Insurance Company, No. 15-197, 2019 WL 2176306 (D.R.I. May 20, 2019) - In a dispute between two insurers arising from the once-largest medical malpractice award in Rhode...more

Cozen O'Connor

Massachusetts: Third-Party Claim Handler Made Reasonable, Prompt Efforts to Settle Nursing Home Liability Claim, and Therefore Was...

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On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick Claims Management Services made reasonable and prompt efforts to settle a nursing home liability claim, and therefore was not...more

Maynard Nexsen

Interesting and Useful Cases in Torts and Insurance - October and November 2017 in the Fourth Circuit Court of Appeals

Maynard Nexsen on

Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance. ...more

Robinson+Cole Massachusetts Appellate Blog

Appeals Court: No Bad Faith For An Insurer’s Legitimate Exercise Of A Contractual Right Or Its Settlement Within The Policy Limit...

In a Rule 1:28 decision applying New Hampshire law, the Appeals Court affirmed the entry of summary judgment dismissing a doctor’s suit accusing her professional liability insurer of improper settlement of a claim without her...more

Faegre Drinker Biddle & Reath LLP

Insurer Liable Though Physician Skips Med Mal Trial

Lancet Indemnity’s $1 M med mal policy had a standard clause requiring the insured, Dr. Ishtiaq Malik, to cooperate and assist Lancet and appointed counsel in investigating and defending claims. But when the family of...more

Maynard Nexsen

Torts & Insurance Cases from the 4th Circuit Court of Appeals - May 2017

Maynard Nexsen on

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Patrick Malone & Associates P.C. | DC Injury...

Wisconsin appeals court rejects legal changes that GOP seeks nationally

Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...more

Searcy Denney Scarola Barnhart & Shipley

Congressional Hypocrisy — Taking away your rights

As a part of the recent speed racing bills through Congress, they have put up HR 1215. Quite erroneously, they have titled it: “Protecting Access to Care Act of 2017”. A read of the act’s text quickly tells any objective...more

Searcy Denney Scarola Barnhart & Shipley

Congress is About to Take Away Your Rights

The U.S. Congress is fighting hard to take away your rights and the power of individual states to protect those rights. The influence of BIG BUSINESS over your elected representatives is being used protect careless and...more

Hogan Lovells

Not so divine intervention

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The elements of delict have been the subject of much repetition when it comes to examining the claims that land on insurer's doorsteps. To such a degree that I'm convinced that it is a requirement that you should be able to...more

Hogan Lovells

Is there operating room for compulsory PI insurance

Hogan Lovells on

Since its inception on 30 August 2010, the regulations requiring health professionals to have professional indemnity insurance have lain dormant in a state of moratorium, almost as a distant memory some do not wish to recall....more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

Carlton Fields

Reinsurance Exclusion Bars Coverage For Bad Faith Lawsuit

Carlton Fields on

A federal judge in North Carolina recently examined a reinsurance policy provision excluding loss “resulting from any claim for . . . any actual or alleged lack of good faith or unfair dealing in the handling of any claim or...more

BakerHostetler

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

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When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more

Carlton Fields

Medical Malpractice Update - Spring 2013

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I. 2013 Medical Malpractice Reform Legislation - In less than a month, the way medical malpractice cases are handled in Florida will change significantly....more

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