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1
CMS Disproportionate Share Hospital Policy To Get Second Look By First Circuit
An appeal recently filed in the United States Court of Appeals for the First Circuit could give further clarity regarding the CMS's ability to discount Medicaid DSH payments for hospitals that received funds from Medicare and private insurers.
United States
18 Aug 2017
2
Colin Hackett Obtains Defense Verdict In Negligence Suit
Newark Managing Partner Colin P. Hackett recently obtained a defense verdict on behalf of an insurance broker in two consolidated lawsuits...
United States
17 Aug 2017
3
Damages For Late Payment Of Insurance Claims - Good News For Policyholders
From 4 May 2017 it became possible for policyholders to recover damages from insurers who have not paid valid claims within a ‘reasonable period of time'.
United States
17 Aug 2017
4
Cyber Insurance: Get What You Pay For
Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore...
United States
17 Aug 2017
5
Real Property & Title Insurance Update: Week Ending August 11, 2017
Florida Statute section 95.11(5)(h)'s one year statute of limitations period does not apply to bar Bank's cause of action for deficiency judgment arising out of a short sale.
United States
17 Aug 2017
6
Precluding the Exclusion: Washington State's High Court Applies the Efficient Proximate Cause Rule in Liability Coverage Dispute
Under the "efficient proximate cause" rule, if the initial event causing a loss is a covered peril, an insurance policy must provide coverage even if a subsequent event in the chain, which also may have caused the loss, is excluded under the policy.
United States
17 Aug 2017
7
Shoring Up The PBGC's Insurance Program For Multiemployer Plans
The Pension Benefit Guaranty Corporation (PBGC) provides insurance for benefits provided under two types of private sector defined benefit plans; single employer plans and collectively bargained plans that are maintained by more than one employer.
United States
16 Aug 2017
8
Michigan Supreme Court Holds That An Insurer's Untimely Payment Of Underinsured Motorist Benefits Is Subject To Penalty Interest Even If Reasonably In Dispute
The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer.
United States
16 Aug 2017
9
The Privilege Maintains Its Power: Texas Supreme Court Blocks Discovery of Insurer Attorney's Billing Information
When (if ever) are an insurer's attorney's fees and billing information discoverable in a coverage dispute?
United States
15 Aug 2017
10
NAIC Cybersecurity Working Group Votes to Approve Insurance Data Security Model Law
The National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Working Group (Cybersecurity WG) approved Version 6 (Finalized) of its Insurance Data Security Model Law (Model) on August 7 at the NAIC Summer 2017 National Meeting in Philadelphia.
United States
15 Aug 2017
11
Cyber Insurance Primer
The number of reported U.S. data breaches tracked through June 30, 2017 hit a half-year record high of 791.
United States
15 Aug 2017
12
America On Opioids
Adam H. Fleischer, chair of BatesCarey's Opioid Coverage Task Force, provides his insights through CLM Magazine's August 2017 cover story addressing the nation's opioid epidemic...
United States
14 Aug 2017
13
Tug's H&M Insurer Must Reimburse P&I Club's Defense Payment In Bridge Allision
Jason P. Minkin, Jonathan A. Cipriani, and Nicole M. Gallagher have published an article in The Maritime Advocate entitled "Tug's H&M Insurer Must Reimburse P&I Club's Defense Payment in Bridge Allision."
United States
14 Aug 2017
14
Financial Elder Abuse Litigation Against Insurers
As the U.S. population ages, financial elder abuse litigation is proliferating. These claims no longer affect only nursing homes, heirs, or caregivers. Potential exposure has become a reality for any business that transacts with "elders," including banks, investment funds and advisors, and insurance companies.
United States
12 Aug 2017
16
Georgia Revamps Law Governing Captive Insurance Companies
Significant changes to Georgia law governing captive insurance companies took effect on July 1, 2017.
United States
10 Aug 2017
17
Lost Insurance Policy? Pursuing Coverage For Long-Tail Environmental Liability Still Feasible
Companies facing environmental cleanup liability typically confront claims that are brought multiple decades after the alleged polluting activity took place.
United States
9 Aug 2017
18
Plotting A Course To Defeat Claims Of Insurer Bias
In a strong decision for insurers, the Eighth Circuit affirmed summary judgment for the administrator, rejected plaintiff's conflict of interest argument...
United States
9 Aug 2017
19
District Courts Buck Trend On Fidelity Coverage For Social Engineering And Business Email Compromise Schemes
The FBI continues to warn that losses are on the rise from business email compromise (BEC) or "social engineering" schemes, which the Bureau describes as:
United States
9 Aug 2017
20
Real Property & Title Insurance Update: Week Ending July 28 & August 4, 2017
Foreclosure sale conducted without knowledge of bankruptcy affirmed, but trial court orders denying mortgagor opportunity to redeem property before certificate of sale actually filed reversed and remanded.
United States
9 Aug 2017
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