On Tuesday, the Supreme Court heard arguments on the individual
mandate provision in the Affordable Care Act (ACA). This provision
requires people to purchase health insurance or pay a penalty.
Coupled with the individual mandate requirement is a series of
patient protections, including an end to life-time limits,
preexisting exclusion limits, and community rating and guaranteed
Many patient groups support the individual mandate, as it
provides an opportunity for patients to purchase affordable health
care. If the individual mandate is struck down – the
community rating and guaranteed issue provisions likely will go
down with it; as such, many patients will no longer have avenues to
purchase affordable health insurance. For the insurance companies,
they agreed to those insurance market reforms (community rating and
guaranteed issue) in exchange for an assurance that everyone would
be in the insurance pool vis-a-vis a requirement to have health
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In Selective Insurance Company of South Carolina v. Cherrytree Companies, Inc., N.E.2d, 2013 IL App (3d) 120959, the Appellate Court of Illinois, Third District, applying Illinois law, held that the policy at issue did not require the filing of a "suit" before the policyholder could seek indemnification for damages it agreed to pay pursuant to a settlement agreement.
On November 14, 2013, the Obama Administration announced a transitional policy, whereby insurers may, but are not required to, renew existing health plans in the individual and small-group markets in 2014, even if those plans do not meet the market reforms and plan design requirements of the Affordable Care Act.
Is the right to independent defense counsel absolute? In mundane cases in which de-fense counsel is provided by an insurance company to defend the policyholder, such as minor auto liability and homeowner liability cases, the attorney is often appointed with lit-tle input from the policyholder client.
A New York state trial court has held that plaintiffs alleging asbestos injuries may bring suit against a dissolved and liquidated New Jersey corporation and may effectuate service of process on the dissolved corporation by serving the corporation’s insurer.
The New York Court of Appeals’ June 11, 2013 opinion in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 21 N.Y.3d 384, 993 N.E.2d 1249 (2013) reiterated a clear message to liability insurance companies: disclaim the duty to defend a policyholder at your own peril.