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New York Law Journal

Flood And Terrorism Insurance Reauthorization: Safe For Now

In their Real Estate Financing column, Jeffrey Steiner and Scott Weinberg discuss the passage of the Appropriations Act as an important measure in ensuring that insurance coverages remain available to property owners/borrowers at premiums that they can afford is of utmost importance to the stability of real estate markets, including the lending markets, and the economy at large.
6 minute read

National Law Journal

Justices Won't Confront, for Now, Scope of Excessive Fines Clause

Colorado's lawyers argued the U.S. Constitution's excessive fines provision applies to individuals, not corporations. "Corporations, of course, do not have liberty rights and cannot be imprisoned for failing to pay a fine," the state's solicitor, Eric Olson, told the justices.
5 minute read

Daily Business Review

Nonadversarial Claims Advocacy—A Way to Stabilize the Insurance Market

A new strategy is emerging that utilizes the services of a claims advocate. The advocate's compensation is not tied to the outcome of the settlement, and insurers are welcoming the advocate as a nonadversarial catalyst to quickly settle claims.
5 minute read

National Law Journal

SCOTUS Conference Watch: Big Petitions Set for Justices' Review

Friday is the first conference for the justices in the new year. Here's a look at some of the major petitions awaiting action.
6 minute read

Corporate Counsel

Real Estate Investment Firm Ventas Poaches Assurant's Chief Legal Officer

Carey Roberts joins Ventas as the company's second-ever general counsel and succeeds Richard Riney, who has retired.
3 minute read

New York Law Journal

The Broad Reach of the Medicare Fraud Strike Forces

In his first Insurance Fraud column of the year, Evan H. Krinick discusses recent Medicare Fraud Strike Force actions in New York and New Jersey, which reflect the broad range of activities and schemes seeking to defraud the federal insurance programs.
10 minute read

The Legal Intelligencer

Pa. Supreme Court Opinion Rocks First-Party IME Requirements

Insurance carriers can no longer condition payment of medical benefits on completion of an independent medical examination (IME), unless first obtaining a court order requiring the examination, according to a recent decision from the Pennsylvania Supreme Court.
8 minute read

Daily Report Online

State Justices Let Stand Ruling That Insurer's Demand for 'Clarification' Is a Counteroffer

Liberty Mutual Insurance had argued that it accepted a presuit demand for its $100,000 policy limits, but only sought "clarification" that the at-fault drive's parents would also be absolved of fault.
6 minute read

National Law Journal

5th Circuit Declares ACA's Individual Mandate Unconstitutional, Punts on Scrapping Entire Law

"The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power," the split panel wrote.
6 minute read

Daily Business Review

A Consultation With an Uninsured Employer

One may expect that only the very physical job sectors need to worry about work accidents—employees such as lawn care workers, truck mechanics, and, of course, construction workers may come to mind.
5 minute read

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