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Search Results (4301) Documents on insurance Show: results per page Sort by:  | HHS-DOL-Treasury Summary of Benefits and Coverage and Uniform Glossary Final Rule | Summary
Thomas Barker, Maia M. Larsson; Foley Hoag LLP;
Legal Alert/Article February 13, 2012, previously published on February 10, 2012 Section 2715 of the Public Health Service Act (PHS Act), which was enacted as part of the Patient Protection and Affordable Care Act (also referred to as PPACA, the Affordable Care Act, or the ACA), requires health insurers and group health plans offering health care coverage to enrollees and...
| | Liability Insurers With Grounds Must Timely Disclaim Coverage Even While Investigating Claim George Campbell Painting v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa.
David L. Cox, Antoinette L. Ellison, Carl A. Salisbury; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article February 10, 2012, previously published on February 9, 2012 The First Department of the New York Appellate Division has now overruled its own precedent and joined the Second Department in holding that a New York insurance statute requires a liability insurance company to inform New York policyholders as soon as it believes it has grounds for denying...
| | Federal Act Makes Sweeping Changes to Laws Regarding Removal, Venue, and Transfer
John P. Marino, Jessica A. Tetrick; Fowler White Boggs P.A.;
Legal Alert/Article February 10, 2012, previously published on February 2012 The Federal Courts Jurisdiction and Venue Clarification Act of 2011 (the “Act,” Public Law No. 112-63) recently amended the federal removal statutes, specifically 28 U.S.C. §§ 1441, 1446. The amendments apply to all actions commenced on or after January 6, 2012.
| | Florida Supreme Court Makes Decision With Regards to Burden of Proof in Sinkhole Litigation
Darryl L. Gavin; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article February 10, 2012, previously published on February 7, 2012 A significant decision was recently issued by the Supreme Court of Florida regarding the burden of proof in sinkhole litigation. In Universal Insurance Company of North America v. Warfel, 2012 WL 224104, Universal argued successfully to the trial court that F.S. § 627.7073(1)(c) creates a...
| | 4th Circuit Limits Insurer’s Liability for Lead Poisoning
Gabriela A. Richeimer, Karen Ventrell; Troutman Sanders LLP;
Legal Alert/Article February 9, 2012, previously published on February 8, 2012 Relying on the plain meaning of an insurance contract, the United States Court of Appeals for the Fourth Circuit held that an insurer’s obligation to indemnify its insured is limited to that portion of a judgment attributable to the claimant’s injury during the policy period. In...
| | UK-Controlled Foreign Companies Reform
Proskauer Rose LLP;
Legal Alert/Article February 9, 2012, previously published on February 8, 2012 The UK's controlled foreign companies ("CFC") rules are designed to ensure that certain UK-controlled companies cannot shelter their profits offshore, in low tax jurisdictions, thereby minimising the actual profits subject to UK tax. Case law dating from 2004 held that the UK's CFC regime...
| | Insurer’s Duty to Defend Continues Until All Arguably-Covered Claims Against the Insured Have Been Extinguished With Finality
Paulette S. Sarp; Hinshaw & Culbertson LLP;
Legal Alert/Article February 8, 2012, previously published on February 8, 2012 Plaintiff homeowners sued defendants, a planning agency and its contractor, for damages they allegedly sustained to their home as a result of a nearby public-works construction project. Defendant insurer had issued a liability insurance policy to the contractor, which covered the agency as an...
| | Texas Denied MLR Waiver
Eric D. Fader, Leslie J. Levinson; Edwards Wildman Palmer LLP;
Legal Alert/Article February 8, 2012, previously published on February 6, 2012 On January 27, the Centers for Medicare & Medicaid Services (CMS) denied a request by the Texas Department of Insurance that would have given insurers in the state three extra years to meet the medical loss ratio (MLR) requirements mandated by PPACA. In doing so, CMS rejected the...
| | Texas Court Rules Reservation of Rights Alone Does Not Necessarily Give Right to Independent Counsel
Martin S. Schexnayder; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article February 8, 2012, previously published on February 7, 2012 In a recently issued opinion, the U.S. District Court, Southern District of Texas, Houston Division, ruled that a carrier’s issuance of a reservation of rights letter alone does not give an insured the right to reject panel counsel and select its own independent counsel.
| | New York Appellate Court Requires Prompt Disclaimer Despite Insurer's Ongoing Coverage Investigation
Michael J. Case; LeClairRyan;
Legal Alert/Article February 8, 2012, previously published on February 3, 2012 Overruling its prior decisions, New York's Appellate Division First Department recently held that Section 3420(d) of New York Insurance Law precludes an insurer from delaying notice of disclaimer on a ground that the insurer knows to be valid, even if the insurer's coverage investigation is not...
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