News & Analysis as of

Preexisting Conditions

Lippes Mathias LLP

New York Poised to More Actively Regulate the Pet Insurance Market

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The New York State legislature recently passed a bill that will, if approved by Governor Hochul, create a regulatory framework for the issuance of pet insurance in New York, mirroring similar legislation enacted in states...more

Goldberg Segalla

Appellate Court's Liberal Ruling on Accident and Causation

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KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Pre-Existing Conditions on Personal Injury Claims in Florida

If you’ve suffered any type of personal injury that leaves you with large medical bills, lost wages, pain and suffering, and other damages, you may be able to file suit against the insurance company of the negligent party....more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

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Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina.  She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more

Locke Lord LLP

The NAIC Adopts the Pet Insurance Model Act

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The National Association of Insurance Commissioners (“NAIC”) has recently passed the Pet Insurance Model Act (the “Act”). The NAIC’s passing of the Act follows a continued increase in annual premiums in connection with pet...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - January 2022

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This month’s Friday Five covers cases relating to: (1) whether a plaintiff may be entitled to AD&D benefits when their spouse died of an illegal drug overdose; (2) when a plaintiff can supplement the administrative record...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Fifth Circuit Holds Amputation Not An Accident Under AD&D Policy Where Employee’s Underlying Medical...

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In Byerly v. Std. Ins. Co., 2021 U.S. App. LEXIS 2937 (5th Cir. Feb. 2, 2021), the Fifth Circuit determined that a claimant, whose leg was amputated after he stubbed his toe, did not suffer a qualifying loss under his group...more

Michigan Auto Law

Do pre-existing injuries affect auto accident lawsuits?

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All too often, defense lawyers insist at case evaluation hearings, depositions, arbitrations and in court that auto accident victims with pre-existing injuries should not recover any – or should recover less - pain and...more

Hogan Lovells

Insurance regulatory news, February 2021

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COVID-19: FCA Dear CEO letter on BI insurance test case and outcome table - On 22 and 29 January 2021, the FCA updated its webpage on its business interruption (BI) insurance test case. The FCA has published ...more

Butler Snow LLP

CDC Explains “We Are Learning More About COVID-19 Every Day” as CDC Issues Revised Guidance Expanding the Definition of Close...

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In recent months, the Centers for Disease Control and Prevention (CDC) has continued to revise and refine its prior guidance defining close contact exposure and expand its list of medical conditions that pose an increased...more

Morrison & Foerster LLP - Federal Circuitry

Healthcare, Biologics, and Severability: Will the ACA—and the BPCIA—Survive the Latest Challenge?

The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”) is looking alive and well after last week’s Supreme Court oral argument on the Affordable Care Act (“ACA”). If you didn’t realize the BPCIA was at issue...more

Manatt, Phelps & Phillips, LLP

Dear Future President—What Women Want From Our Next Leader

Editor’s Note: In a new white paper, summarized below, Manatt Health partners with Tia to reveal how women would advise the next President of the United States, regardless of who it is, on their healthcare priorities for the...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

Carlton Fields

ERISA Disability Plan Insurers Score Important Circuit Court Victories

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In recent months, circuit courts across the country have supported insurers’ discretion to deny long-term disability benefits (LTD) under ERISA. Since the beginning of the year, disability plan insurers have prevailed in the...more

Troutman Pepper

D.C. Circuit Upholds Short Term Plans as Alternative to ACA Plans

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On July 17, 2020, a panel majority of the D.C. Circuit Court of Appeals upheld a rule issued by the Department of Treasury, the Department of Labor, and the Department of Health and Human Services (collectively, the...more

Ballard Spahr LLP

CDC Expands List of People At Risk for Severe COVID-19 Illness

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On June 25, 2020, the Centers for Disease Control and Prevention (CDC) updated and expanded the list of people considered at high risk of severe illness from the COVID-19 virus. The CDC enumerated seven underlying medical...more

Womble Bond Dickinson

Palsgraf goes viral: Viruses as the proximate cause of an injury

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A central question in every tort case is what caused the injury. The question of proximate cause does not end with the inquiry of whether it is possible for a particular product or act to cause an injury, but also whether it...more

Fisher Phillips

Troubling Pattern Of COVID-19 Workplace Litigation Begins To Emerge

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As an increasing number of employees return to work, employers should be aware that a number of COVID-19-related lawsuits raising FMLA and ADA concerns have already begun to emerge. What do employers need to know in order to...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ninth Circuit Rules Coverage under ERISA Disability Plan Excluded Due to Underlying Medical Condition

In Estate of Maurice v. Life Ins. Co. of N. Am., 792 Fed. Appx. 499 (9th Cir. Cal. Feb. 5, 2020), the Ninth Circuit held that coverage was excluded under an ERISA-governed disability plan ("Plan"), because the evidence in the...more

Hinshaw & Culbertson - Employment Law...

OSHA Guidance on Preparing to Return to Work Includes Recommendations for White Collar Businesses

The Occupational Health and Safety Act (the OHS) was signed into law in 1970 and established the Occupational Health and Safety Administration (OSHA), as part of the U.S. Department of Labor. Under the so-called "general...more

Skadden, Arps, Slate, Meagher & Flom LLP

Lifting the Lockdown: Returning to the Workplace Under the UK Government’s Recovery Plan and Safe Working Guidance

On 11 May 2020, the UK government published its COVID-19 Recovery Plan that sets out its proposal to exit the COVID-19 lockdown. Under the Recovery Plan, employees who can work from home should continue to do so, however...more

Mintz - Health Care Viewpoints

A Review of the Affordable Care Act at 10 Years, Part 1: The Individual Mandate

This post is the first installment in our blog series looking back on the 10-year anniversary of the Affordable Care Act (ACA). The most controversial of the ACA's reforms has been the individual mandate, which requires that...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 4

The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on...more

Hogan Lovells

UK: FCA Signposts Travellers with Pre-Existing Medical Conditions To Better Outcomes

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Some consumers with pre-existing medical conditions (“PEMCs”) have problems navigating the travel insurance market and finding affordable cover given their medical conditions. Some are declined cover, only offered cover that...more

Hogan Lovells

Corporate Insurance Newsletter – January 2020

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The Hogan Lovells’ Corporate Insurance Newsletter for January 2020 has been published. This provides a round-up of UK, EU and international regulatory developments relevant to UK based insurance market participants. In this...more

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