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Phelps Dunbar LLP Document Search Results (74) Show: results per page Sort by:  | Florida Design Professionals May Limit Individual Liability For Negligence
Bret M. Feldman, Seth M. Schimmel; Phelps Dunbar LLP;
Legal Alert/Article May 6, 2013, previously published on April 30, 2013 According to a new statute signed by Governor Scott on April 25, 2013, Florida design professionals may contractually limit their individual liability for negligence occurring within the scope of their employment. Under prior law, design professional, including licensed architects, engineers,...
| | CMS and OIG Propose New Rules for Donated EHR Technology Safe Harbor and Exception
Phelps Dunbar LLP;
Legal Alert/Article April 25, 2013, previously published on April 22, 2013 On April 10, 2013, the Office of Inspector General of the Department of Health and Human Services (OIG) and the Center for Medicare and Medicaid Services (CMS) issued similar proposed rules regarding the donated Electronic Health Records (EHR) technology Anti-Kickback Statute Safe Harbor and Stark...
| | Supreme Court Upholds Dismissal of Putative Collective Action Based On Rule 68 Offer
Craig S. Dawson, Reed L. Russell; Phelps Dunbar LLP;
Legal Alert/Article April 22, 2013, previously published on April 17, 2013 On April 16, 2013, in Genesis Healthcare Corp., et al., v. Symczyk, the United States Supreme Court held that, where the lone plaintiff’s individual claim in an FLSA collective action becomes moot, the entire collective action must be dismissed for lack of subject-matter jurisdiction.
| | Florida Appellate Court Holds Insurer Owes Separate Defense Counsel to Insured And Additional Insured
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article March 22, 2013, previously published on March 2013 A Florida appellate court has held that an insurer is required for the insurance carrier to appoint separate independent defense counsel for a named insured and an additional insured. University of Miami v. Great American Assurance Co., 2013 WL 616156 (Fla. 3d DCA Feb. 20, 2013).
| | Alabama Supreme Court Affirms Assault And Battery Exclusion Does Not Apply To Claim for Failure to Implement Risk Management Program
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article March 22, 2013, previously published on March 2013 The Alabama Supreme Court has held that a college fraternity’s general liability policy covers damages sustained by an assault victim as a result of the local chapter’s officers’ failure to implement a risk management program. Admiral Ins. Co. v. Price-Williams, 2013 WL 135738...
| | Arkansas Supreme Court Holds Insurer Entitled To Pursue Subrogation Action to Recover No-Fault Payments Made To Insured
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article March 22, 2013, previously published on March 2013 The Arkansas Supreme Court, reversing a lower court, has held that an auto insurer is entitled to pursue subrogation claims against a tortfeasor for no-fault medical benefits paid to its insured. Progressive Halcyon Ins. v. Saldivar, 2013 WL 655234 (Ark. Feb. 21, 2013).
| | Under Kentucky Law, Policy Excluding Coverage for Damages Covered by Other Insurance is Primary to Policy with "Excess" Other Insurance Clause
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article March 22, 2013, previously published on March 2013 The U.S. Sixth Circuit Court of Appeals has held that a general liability policy with an exclusion for damages covered by other insurance is primary to a professional liability policy containing an “excess” other insurance clause. Great American Ass. Co. v. American Cas. Co. of...
| | Federal Court in Virginia Holds Insurer Has No Duty to Defend or Indemnify Due To Late Notice as a Matter of Law
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article March 22, 2013, previously published on March 2013 A federal court in Virginia recently held that an insurer has no duty to defend or indemnify its insured after the insured failed to give the insurer notice of an accident for almost three years on the mistaken belief that coverage would not be implicated. Nationwide Mut. Ins. Co. v. Sandbridge...
| | Fifth Circuit Holds under Texas Law That Scope of Coverage for Additional Insured Is Determined Solely By Terms of Policy, Not By Contract Creating Additional Insured Status
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article March 22, 2013, previously published on March 2013 The U.S. Fifth Circuit Court of Appeals, applying Texas law, held that when a named insured agrees to indemnify and secure insurance for an additional insured, the terms of the policy—not the indemnity agreement—determines the insurers’ coverage obligations. In re Deepwater...
| | Federal Court in North Carolina Holds Supplemental Extended Reporting Period Runs From Conclusion of Basic Extended Reporting Period and Not Expiration of Policy
George B. Hall; Phelps Dunbar LLP;
Legal Alert/Article March 22, 2013, previously published on March 2013 A federal court in North Carolina recently held that a 12-month supplemental extended reporting period purchased by an insured ran from the termination of the policy’s 60-day basic extended reporting period and not the policy expiration date, and that the insured’s notice of claim was...
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