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|No Further Extensions for ICD-10 and MU Stage 2|
Margaret Young Levi; Wyatt, Tarrant & Combs, LLP;
March 6, 2014, previously published on February 28, 2014 Everyone is a-twitter (pun intended) about the announcement on Thursday, February 27, 2014, from Marilyn Tavenner, the Administrator for the Centers for Medicare & Medicaid Services (CMS), that the deadline for adoption of ICD-10 will not be extended. Tavenner was the keynote speaker at the...
|Despite the Best of Intentions, Paving the Way for the Next Financial Meltdown Part II: Getting Ready|
Frederick J. Pomerantz; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 6, 2014, previously published on February 25, 2014As discussed in Part I of our Client Alert, “Despite the Best of Intentions, Paving the Way for the Next Financial Meltdown,” dated August 22, 2013, the Financial Stability Board (FSB) is studying the application of the key attributes of effective resolution regimes for financial...
|New York Court Requires D&O Carrier to Cover Organization’s Cost of Subpoena Compliance|
Harter Secrest Emery LLP;
March 6, 2014, previously published on January 30, 2014Government investigations impose tremendous costs on organizations. In simply responding to a subpoena, organizations may incur substantial attorneys’ fees and electronic discovery fees, ranging from many thousands to many millions of dollars. Organizations sometimes overlook their insurance...
|Recent Case Advances Ninth Circuit Law on Pleading Diversity of Citizenship on Information and Belief|
Melissa A. Murphy-Petros, James K. Thurston; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 6, 2014, previously published on February 26, 2014Insurers frequently file coverage actions in federal court, and when they do, jurisdiction is often predicated on diversity. Pursuant to 28 U.S.C. § 1332(a), a federal district court has original jurisdiction of a civil action between citizens of different states in which the amount in...
|Florida Surplus Lines Service Office (FSLSO) Service Fee To Decrease April 1, 2014|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
March 6, 2014, previously published on February 27, 2014The service fee charged by the Florida Surplus Lines Service Office ("FSLSO") will be decreased from 0.2% to 0.175% effective April 1, 2014.
|Florida House of Representatives' Governmental Operations Appropriations Subcommittee Advances Insurance Agent, Agency Proposal, Omnibus Bill|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
March 6, 2014, previously published on March 4, 2014The Florida House of Representatives' Governmental Operations Appropriations Subcommittee ("Subcommittee") met today, March 4, 2014. The agenda included CS/HB 565 by Representative Santiago, an insurance-related omnibus bill that makes numerous changes to Florida's Insurance Code...
|Shaking Down the Thunder from the Sky: Notre Dame’s Challenge to the Contraception Mandate|
Ryan N. Parsons; Foley & Lardner LLP;
March 6, 2014, previously published on February 28, 2014The Supreme Court will inevitably decide to what extent the Religious Freedom Restoration Act protects religiously affiliated employers from providing insurance coverage for contraceptive services, as is generally required under the Affordable Care Act. But in the meantime, the Seventh Circuit has...
|Fourth Circuit Reverses Maryland District Court’s Partial Summary Judgment for Plaintiff and Holds that Doctrine of Contra Proferentem Did Not Apply to Ambiguous Policies|
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
March 5, 2014, previously published on February 2014In Millennium Inorganic Chemicals v. National Union Fire Insurance, the United States Court of Appeals for the Fourth Circuit, in a 2-to-1 decision, reversed the judgment of the Maryland district court and remanded the case for entry of summary judgment in favor of the insurers. The case before the...
|The U.S. Supreme Court Limits Jurisdiction Over Foreign Companies|
Maria M. Todorova, Prentiss Willson; Sutherland Asbill & Brennan LLP;
March 4, 2014, previously published on January 29, 2014On January 14, 2014, the U.S. Supreme Court reversed the Ninth Circuit and held that due process prevents a state court from exercising general personal jurisdiction over a foreign corporation based solely on the business activities performed in the forum state by a U.S. subsidiary on behalf of the...
|Medical Provider Claims Laws Affecting PIP Reimbursements Cause 'Threatened' Constitutional Violation|
Matthew C. Scarfone; Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, P.A.;
March 3, 2014, previously published on February 27, 2014In Gans v. McCarty, a licensed chiropractor, Mark Gans, and his medical facilities operating under a separate legal entity, filed a lawsuit against the Commissioner of the Florida Office of Insurance Regulation and the Attorney General of the State of Florida. In the complaint, the plaintiffs...