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|Insurer Has Duty To Defend Even Though Insured Did Not Immediately Notify Insurer Of Underlying Lawsuit|
Sutherland Asbill Brennan LLP;
July 1, 2015, previously published on June 30, 2015The United States sued Company A for discharging pollutants from an offshore platform in the Gulf of Mexico in February 2013 after giving notice to Company A of the alleged violations in March 2012. Company A failed to give notice to its insurer of the potential violations until September 2013...
|Impact on Employers After Supreme Court's Ruling of Uphold Key Provision of Affordable Care Act|
Sean P. Beiter, Caroline J. Berdzik; Goldberg Segalla LLP;
June 30, 2015, previously published on June 25, 2015In a 6-3 decision issued today, the United States Supreme Court once again upheld President Obama’s signature legislation, the Patient Protection and Affordable Care Act, keeping the employer mandate in effect for all states - even those without their own health insurance exchange.
|The Supreme Court Preserves Key Insurance Subsidy Provisions Of The Affordable Care Act|
Lorie Maring; Fisher & Phillips LLP;
June 30, 2015, previously published on June 25, 2015Today, in an anxiously awaited opinion, the U.S. Supreme Court preserved key provisions of President Obama’s Affordable Care Act (ACA), maintaining insurance subsidies despite a stiff challenge from opponents. By a 6 to 3 vote, the Court ruled that health insurance subsidies are available to...
|Outline of the new Insurance Code of the DRC|
Alain Kasende M'Bay, Pathy Liongo; Emery Mukendi Wafwana Associes;
June 29, 2015, previously published by Lexology
The DR Congo new Insurance Code represents a real revolution in this sector, which has been so far affected by the disparity of laws, which are sometimes obsolete and unsuitable to the international conventions in this matter, and by the monopoly granted to the "Société Nationale...
Emery Mukendi Wafwana & Associates on June 4, 2015
|Supreme Court Upholds Affordable Care Act Subsidies for Coverage Purchased on Federally Facilitated State Health Care Exchanges|
Katelyn D. Winslow; Ford & Harrison LLP;
June 26, 2015, previously published on June 25, 2015King v. Burwell challenges the implementation of federal insurance marketplaces under the Affordable Care Act.
|First DCA Rejects Insurer's Attempt to Fight Fraudulent Post-Loss Assignments of Benefit Claims Through Change in Policy Provision|
Maria Elena Abate, Amy Koltnow; Colodny Fass P.A.;
June 25, 2015, previously published on June 24, 2015The increase in claims and litigation, spurred on by water remediation companies fortified with an insured's assignment of insurance benefits ("AOB") and right to bring a cause of action has been a hot topic of debate in recent years. Despite industry-wide acknowledgment of a growing...
|U.S. Senate Report Finds No Systematic Underpayment of SuperStorm Sandy-Related National Flood Insurance Program Claims|
Colodny Fass P.A.;
June 25, 2015, previously published on June 23, 2015The results of a highly anticipated study undertaken by the United States Senate Committee on Banking, Housing, and Urban Affairs' ("Committee") Banking Investigative Group on alleged National Flood Insurance Program ("NFIP" or "Program") underpayment of claims filed...
|Federal Agencies Issue Flood Insurance Rule; Biggert-Waters Private Flood Insurance Rulemaking to Come|
Colodny Fass P.A.;
June 24, 2015, previously published on June 22, 2015Five federal regulatory agencies have approved a joint final Rule that modifies regulations applicable to loans secured by properties located in special flood hazard areas.
|Notice of Claim Sufficient to Exclude Coverage from Retroactive Professional Insurance Policy.|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
June 24, 2015, previously published on June 2015On November 26, 2011, Kortney Jackson, a mentally disabled autistic adult, was burned severely while in the care of Antiniece Middleton, an employee/independent contractor of Community Direct Services, Inc. (“CDS”). Shortly thereafter, Carolyn Jackson, as mother, guardian and next...
|IRS Issues Guidance on Portability|
Bruce A. Rawls; Burr & Forman LLP;
June 24, 2015, previously published on June 2015Last week the IRS issued final regulations that provide guidance on the federal estate and gift tax applicable exclusion amount, in general, as well as the requirements for making a "portability" election.