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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 Raymond A. Mascia Jr. and William G. Passannante | May 24, 2024
Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.
9 minute read
By Christopher C. Loeber and Helen P. Hunter | May 24, 2024
Corporations typically have risk management departments that stay on top of their coverage portfolios, but individual policyholders all too often purchase policies and simply file them away in the apparent hope that the mere act of buying coverage serves as a hedge against ever needing it. This is the "buy and shelve" approach to insurance. And, while it's never a good strategy, it is particularly dangerous in the context of life insurance.
7 minute read
By Oner J. Kiziltan and Joslyn Restivo | May 23, 2024
The "billed amount" issue deals with both policy language and Section 627.736(5)(a)(5) of the PIP statute. In plain language, the issue can be summarized as whether an insurer is eligible to reimburse a bill at 80% of the amount billed when that amount is less than 200% of the Medicare fee schedule rate for the corresponding year for which the service was rendered.
8 minute read
By Adolfo Pesquera | May 15, 2024
"California residents and small businesses try their best to follow the law. They expect their insurance companies and affiliates to do the same," Alameda County District Attorney Pamela Price said.
5 minute read
By Colleen Murphy | May 14, 2024
"Expanding the definition of 'pedestrian' to include LSES operators would advance the medical coverage goal but undermine the goal of curbing the rise of insurance costs," Justice Lee A. Solomon said. "The legislature may certainly choose to expand the availability of PIP coverage to LSES operators, as they did with motorcycles, but that policy decision and its insurance cost implications, if any, is properly for the legislature, not the court."
5 minute read
By Marc E. Sirotkin | May 10, 2024
An employee injured in an accident arising out of and in the course of his employment through the negligence of a third-party has a potential claim against that party which is not impacted by his or her workers' compensation claim. The employer and insurer have a potential subrogation right against the proceeds from the third-party claim.
9 minute read
By Ethan Greenberg and Thomas Dupont | May 10, 2024
The Child Victims and Adult Survivors Acts have given rise to a large body of cases now slowly working their way through the courts in connection with which defendants must look back in time to find insurance policies issued decades ago. Many of the relevant policies are now lost.
10 minute read
By Adolfo Pesquera | May 7, 2024
"He was one of the most notable insurance recovery litigators in the state of Texas, an avid saxophone player and a devoted father," Munsch Hardt CEO Phil Appenzeller said.
3 minute read
By David N. Cinotti | May 7, 2024
"The Third Circuit clearly had appellate jurisdiction to decide the first two issues, but it did not have jurisdiction under the FAA to decide the third issue," writes David N. Cinotti of Pashman Stein Walder Hayden.
10 minute read
By Sarah La Pearl and Evan Trevino | May 6, 2024
By fostering collaboration between humans and AI systems, insurers can harness the strengths of both to achieve optimal outcomes while upholding ethical and regulatory standards.
5 minute read
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