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Coverage that focuses on both the legal risks facing insurance companies, as well as how companies are using insurance to hedge risk. We cover health insurance and cyber insurance frequently.
By Adolfo Pesquera | October 5, 2023
In examining the 2017 Texas Prompt Payment and Claims Act, the Fifth Circuit decided it could not interpret the law and asked the Supreme Court to weigh in on the issue.
5 minute read
By Colleen Murphy | October 5, 2023
This complaint was first surfaced by Law.com Radar.
3 minute read
By Alan Feigenbaum and Marilyn T. Sugarman | October 4, 2023
A discussion of the recent decision 'B.D. v. E.D' which raises "existential questions" but offers one certain piece of advice: When drafting settlement agreements in a matrimonial case, be sure to be very specific as to what is covered in terms of the payor's obligation regarding health insurance.
8 minute read
By NYLJ Staff | October 3, 2023
"A hallmark of our litigation department is our ability to blend our collaborative nature and collective expertise to the benefit of clients."
4 minute read
By Emily Cousins | October 2, 2023
"Medicare Advantage plans that submit false information to increase payments from CMS show blatant disregard for the integrity of these vital federal health care funds," Christian J. Schrank, deputy inspector general for investigations with the Office of Inspector General for the Department of Health and Human Services, said. "Such actions are an affront to the Medicare program and the millions of patients who rely on its services. Working with our law enforcement partners, our agency will continue to prioritize investigating alleged fraud that targets the Medicare Advantage program."
3 minute read
By William G. Passannante and Raymond A. Mascia Jr. | October 1, 2023
In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
12 minute read
By Courtney C.T. Horrigan, John Ellison and Russell M. Squire | October 1, 2023
Hawaii, recently devastated by the Lahaina Fire, looks to be the first state to have its Supreme Court weigh in on the applicability of pollution exclusions to climate change lawsuits. This article examines what is at stake for policyholders and the road to recovery in this rapidly evolving area of insurance coverage law.
8 minute read
By Jillian Raines and Alex Harris | October 1, 2023
How should a federal court decide whether to enforce a choice-of-law provision? That's the question at the heart of 'Great Lakes Ins. v. Raiders Retreat Realty', a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
8 minute read
By Howard B. Epstein and Theodore A. Keyes | September 28, 2023
Recently, the Eastern District of New York granted summary judgment to an insurer, holding that the insurer had no duty to defend based on the terms of an exclusion in the policy. This decision highlights how, where the facts plainly fall within a clearly-drafted exclusion, courts will not hesitate to enforce the exclusion as written.
6 minute read
By Patricia A. Monahan | September 28, 2023
While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil motive to prove entitlement to punitive damages.
6 minute read
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Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...
Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...
Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS