News & Analysis as of May 17, 2025

Unenforceable Contract Terms › Insurance Litigation

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Enforceability of Physician Non-Compete Agreements

A Double Take: Workers’ Compensation Liens Render UIM Non-Duplication Clauses Unenforceable

Marshall Dennehey on 3/31/2025

Key Points: Delaware Superior Court permits injured plaintiffs-employees to board medical bills and lost wages already paid by the workers’ compensation carrier in subsequent UIM claim related to the same incident, despite a...more

Court Follows Fifth Circuit Precedent in Enforcing Unsigned Insurance Arbitration Agreement Under New York Convention

Carlton Fields on 9/5/2023

The insured argued that the arbitration agreement at issue was not enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards because the agreement was not signed by both parties and...more

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

Carlton Fields on 11/1/2019

Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more

Plan’s Failure To Notify Participant Of Deadline To File Suit Left Limitations Period Unenforceable

Laner Muchin, Ltd. on 11/7/2018

A federal district court in Utah recently held that a health plan’s 180-day limitations period for filing suit following a claim denial on appeal was unenforceable because the plan’s final adverse benefit determination letter...more

Illinois Appellate Court Holds Nebraska Arbitration Act Reverse Preempts Federal Arbitration Act and Renders Arbitration Clause in...

Carlton Fields on 10/31/2018

An Illinois appellate court recently affirmed a lower court decision granting summary judgment and denying defendant insurers’ motion to compel arbitration where Nebraska law governed, reverse preempted the Federal...more

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