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The Thicket of First-Party No-Fault Benefits Actions
Shlomo S. Hagler, a judge in the Civil Court of the City of New York, writes that difficult issues in this evolving area of insurance law include the medical provider's need to prove "standing" as part of its prima facie case, the insurer's ever-expanding defenses regarding "lack of coverage," licensing requirements and fraudulent incorporation, improper self-referrals, and what constitutes a sufficient showing for proof of mailing.Daily Decision Service Alert: Vol. 20, No. 2 - January 4 2011
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New Fee-Shifting Regime Under ERISA in Wake of 'Hardt'
Andrew O. Bunn and Stephanie J. Cohen, partners at McCarter & English, write that the U.S. Supreme Court dramatically altered the landscape for benefits litigation under ERISA, changing the rules governing fee-shifting under the statute by adopting a less stringent and more amorphous standard for claimants to meet.Former WorldCom Chairman Finds Shelter in Homestead Exemption
Unbeknownst to his fellow Palm Beach socialites, John A. Porter's gilded lifestyle is legally tenuous. The former WorldCom chairman has filed for bankruptcy and faces several suits. But Porter will likely maintain a lifestyle far beyond the means of most Americans thanks to Florida's controversial "millionaire's loophole," which offers a virtually unlimited homestead exemption. And that infuriates some former WorldCom employees and investors who lost their incomes and life savings when the company failed.Trending Stories
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