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Lowenstein Sandler LLP

Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage...

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Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to...more

The Wagner Law Group

IRS Provides Guidance on Application of SECURE 2.0 Act’s Coverage of Long-Term, Part-Time Employees

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In Notice 2024-73, the Internal Revenue Service (“IRS”) issued guidance on the application of certain non-discrimination rules to long-term, part-time employees in Internal Revenue Code (“Code”) Section 403(b) plans subject...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

The Medicare Advantage Program: Public Money & Private Insurance Companies

When I investigated and litigated False Claims Act (FCA) cases at the U.S. Department of Justice (DOJ) over the last 10 years, I was often surprised by just how little I knew about the broad array of government agencies and...more

Akerman LLP

Hawai’i Supreme Court Addresses Insurance and Climate Change Litigation: “Occurrence” Requirement Met, but Pollution Exclusion...

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In Aloha Petroleum Ltd. v. National Union Fire Insurance Company of Pittsburgh (Aloha), the Supreme Court of Hawai’i held that, while the climate change litigation satisfied the “occurrence” requirement, greenhouse gases...more

Goldberg Segalla

Gov. Hochul Vetoes Bill Aimed at Expanding Potential Compensation in Wrongful Death Claims

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For the third straight year, New York Governor Kathy Hochul vetoed the “Grieving Families Act,” which would have updated New York’s wrongful death law for the first time in over 175 years....more

K&L Gates LLP

ASIC Puts Insurers on Notice

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ASIC has recently published its findings following an investigation into the insurance industry’s level of compliance with internal dispute resolution (IDR) obligations. Report 802 Cause for complaint: Complaints handling in...more

Conyers

Navigating International Sanctions: Impact of the Ukraine War on Bermuda

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When Russia invaded Ukraine on 22 February 2022 most Bermudian residents did not think it would have much impact to the island. However as both an overseas territory of the United Kingdom and as an international finance...more

A&O Shearman

Southern District Of New York Dismisses Exchange Act Claims Against Specialty Insurance Underwriter For Failure To Plausibly...

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On December 12, 2024, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York granted a motion to dismiss a putative securities class action asserting claims under Sections 10(b) and...more

Rivkin Radler LLP

December 2024 New York Insurance Coverage Law Update

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The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance...more

Ballard Spahr LLP

NFIP Extended to March 2025

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The continuing resolution passed by Congress late last week provides for an extension of the National Flood Insurance Program (NFIP) until March 14, 2025. ...more

Groom Law Group, Chartered

Court Vacates Fixed Indemnity Regulations

On December 4, 2024, a federal court in the Eastern District of Texas issued a ruling vacating the notice requirement under the final regulations (the “Final Rule”) on hospital and other fixed indemnity insurance (“Fixed...more

Bradley Arant Boult Cummings LLP

Navigating Recovery Allocation Provisions: Insights from National Union Fire Insurance v. RealPage

Well-established law requires that an insured be made whole before recoveries benefit an insurer. When an insured’s losses exceed policy limits, any additional recovery made by the insured should inure to the benefit of the...more

King & Spalding

Texas Sues Federal Government to Protect Medicaid Financing

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On December 11, 2024, the Texas Health and Human Services Commission filed a complaint in the United States District Court for the Western District of Texas. The complaint seeks to block the enforcement of a May 9, 2014,...more

Proskauer - Health Care Law Brief

This New Year, California Imposes Guardrails on the Use of AI by Payors for Utilization Management Determinations

SB 1120 (the “Bill”), which takes effect on January 1, 2025, amends existing California law to adopt guardrails around the use of artificial intelligence tools for the purpose of utilization management. As discussed in a...more

Foley & Lardner LLP

Medicare Telehealth Flexibilities Get a Three-Month Lifeline

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After much uncertainty, Congress has extended many Medicare telehealth flexibilities through March 31, 2025, in its end-of-year appropriations bill. However, several important flexibilities, such as first-dollar coverage of...more

Robinson+Cole Construction Law Zone

Suit Limitation Provisions in New York

New York law generally enforces a contractual suit limitation that specifies a “reasonable” period of time (usually shorter than the applicable statute of limitations) within which an action must be commenced. The contractual...more

K&L Gates LLP

How Do Your Internal Dispute Resolution Processes Stack Up?

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Financial firms are required to maintain clear internal dispute resolution (IDR) processes to allow customers to seek redress where they are dissatisfied with the firm’s products or services. Access to fair, timely and...more

K&L Gates LLP

UK Offence of 'Failure to Prevent Fraud': D&O Insurance Can Help the Board to Mitigate Risk

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In 2023, the UK Government introduced the Economic Crime and Corporate Transparency Act (the Act) with the aim of reducing economic crime in the UK. The Act introduced a number of measures including a new offence of "failure...more

Jackson Walker

Reported Telehealth Extension for Medicare Benefits Only

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Employers should carefully read the telehealth extension in the American Relief Act of 2025, signed by President Biden on Saturday. While the Act continues to fund the government through March 14, 2025, the telehealth...more

Wiley Rein LLP

Eleventh Circuit Holds that Claims Pre-Date Policy, Sidesteps Rescission Issue

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The United States Court of Appeals for the Eleventh Circuit, applying Florida law, has held that an insurer did not need to cover underlying litigation instituted against its insured during the policy period because related...more

Sheppard Mullin Richter & Hampton LLP

The Legal and Economic Realities of Medicare Drug Pricing: Navigating Opportunities and Challenges

The rising cost of prescription drugs under Medicare continues to pose significant challenges for seniors, a population that relies heavily on consistent and affordable access to medications. This issue underscores broader...more

Searcy Denney Scarola Barnhart & Shipley

The Hidden Dangers of Florida’s Scenic Routes: When a Beautiful Drive Turns into a Liability Nightmare

Florida’s scenic routes, lined with lush foliage, sparkling waters, and charming coastal vistas, attract drivers from around the country. From the Overseas Highway to the historic Tamiami Trail, these picturesque roads offer...more

King & Spalding

OIG Issues Special Fraud Alert Regarding Marketing Payments Related to Medicare Advantage

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On December 11, 2024, OIG issued a Special Fraud Alert to warn the industry about the fraud and abuse risks associated with abusive Medicare Advantage (MA) organization (MAO) and agent and broker relationships with healthcare...more

Pillsbury - Policyholder Pulse blog

Contra Proferentem: Can Insureds Be Forced to Waive Its Protection?

Contra proferentem is a foundational legal principle with particular importance in insurance law. It mandates that any ambiguities in an insurance policy are construed against the insurer and in favor of the insured. The...more

Lowenstein Sandler LLP

100 Episodes of “Don’t Take No for an Answer”! Thank you for Listening.

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Host Lynda A. Bennett, chair of the Insurance Recovery Practice at Lowenstein Sandler, introduces the 100th episode of Don't Take No For An Answer. Since its launch, the podcast has interviewed guests from all corners of the...more

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