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Tyson & Mendes LLP

Audish v. Macias Builds Upon the Foundation Started in Howell v. Hamilton Meats & Provision, Inc.

Tyson & Mendes LLP on

Earlier this year, the Fourth District Court of Appeal decided Audish v. Macias. This groundbreaking case builds upon the foundation started in Howell v. Hamilton Meats & Provision, Inc. by clarifying the application of the...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

Tyson & Mendes LLP on

This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

Marshall Dennehey

Top 10 Developments in Pennsylvania Workers’ Compensation in 2024

Marshall Dennehey on

1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more

Greenbaum, Rowe, Smith & Davis LLP

The CMS Managed Care Final Rule: Access Standards, Consumer Surveys, Payment Standards and More for Managed Medicaid and CHIP

Greenbaum healthcare attorneys Neil M. Sullivan and Jennifer A. Belardo analyze the CMS’s Medicaid and Children’s Health Insurance Program (CHIP) Managed Care final rule – and its impact on states, healthcare providers, and...more

Mintz - Health Care Viewpoints

California Health Care Legislative Update: Winter 2024

Governor Newsom signed over 1300 bills and vetoed almost 190 bills in 2024. Consistent with prior years, in 2024, California enacted multiple laws significantly impacting the health care industry. From artificial intelligence...more

Davis Wright Tremaine LLP

Effective Care: California Left Behind as Other States Expand Hospital at Home Programs

Hospital at Home (“HaH”) programs received renewed interest during the COVID-19 pandemic as a way to relieve hospital capacity issues and allow patients to receive effective care outside of the traditional hospital setting....more

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

The Wagner Law Group on

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

Goldberg Segalla on

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

K&L Gates LLP on

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...

A&O Shearman on

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

Rivkin Radler LLP on

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

Ballard Spahr LLP on

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

Jackson Walker on

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

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