Mondaq USA: Insurance
Dickstein Shapiro LLP
One of the most common questions that in-house counsel may have for coverage counsel is, "What is the effect of providing late notice of an insurance claim?"
Proskauer Rose LLP
Because insurers generally draft their own policies, it is a common rule of construction that ambiguous terms will be construed against the insurers.
Shearman & Sterling LLP
On June 15, 2015, the Federal Reserve Board issued a public statement regarding AIG and the recently issued United States Court of Federal Claims decision in Starr International Company, Inc. v. The United States.
Orrick
When the Texas Supreme Court decided In re Deepwater Horizon earlier this year, it portended significant changes in the rights of companies named as "additional insureds" pursuant to contractual requirements.
Dentons (US)
The United States Supreme Court held that the Patient Protection and Affordable Care Act of 2010 (the "ACA") requires the government to provide tax subsidies to all eligible middle and lower-income people...
Jones Day
In our last post we addressed cyber coverage for fines and penalties imposed by governmental authorities.
Reed Smith
In the world of insurance coverage litigation, insurance companies like to accuse policyholders of attempting to expand coverage terms, or limit the scope of exclusions, beyond the language's plain meaning.
Orrick
There are too many differences between cyber policies to cover in one blog post, and the market, still in its youth, is rapidly evolving.
Dentons (US)
Does your organization use a captive to manage its risks? Should it?
Anderson Kill
Over the last several years, the world's leading arbitral institutions have adopted new rules, recognizing that the growth in international arbitration has been accompanied by the increasing complexity and sophistication of disputes.
Miller Friel
When a policyholder resolves or settles an insurance claim that implicates multiple layers of insurance, and not every layer is settled at once, trouble is bound to ensue.
Fox Rothschild LLP
The sweeping changes to the National Flood Insurance Program imposed by recent federal legislation continue to have a broad impact at the state level.
Dickstein Shapiro LLP
Many businesses and individuals are familiar with insurance that is available to pay for property that is taken by a private third party, be it a stranger, employee, competing business, or any other private actor.
Butler Snow LLP
The Pennsylvania Supreme Court clarified an important liability insurance issue the other day.
Anderson Kill
A brand new decision from a federal trial court in Utah is a sobering reminder that just because you have purchased "cyber" insurance does not mean that your insurance company will pay a cyber-related claim.
Butler Snow LLP
On May 14, 2015, the Florida Supreme Court held that a government-created insurance company, Citizens Property Insurance Corporation, was immune from statutory first-party bad faith claims.
Reed Smith
Texas has recently suffered historic flooding, causing tremendous damage and destruction in areas affected by heavy rain and floodwaters.
Anderson Kill
As of today (May 26, 2015), approximately 23 states and the District of Columbia have legalized cannabis for medical use, and four of these states — Alaska, Oregon, Colorado and Washington — and Washington, D.C., have legalized cannabis for recreational use as well.
Dentons (US)
Although there is no single definition for price optimization, it refers generally to the use of data analytics to measure and respond to consumer sensitivity to price increases.
Orrick
Reinsurance can be a critical component in insurance coverage litigation – and it's not nearly as complex as it may seem.
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Proskauer Rose LLP
On June 1, 2015, the Department of Health and Human Services Center for Medicaid and Medicare Services published a proposed rule at 80 Fed. Reg. 31097 that will fundamentally change state Medicaid Managed Care programs.
Moritt, Hock & Hamroff LLP
Under the coverage provisions in standard comprehensive general liability insurance policies, there is often coverage for what is known as "Advertising Injury."
Reed Smith
Subrogation is the principle under which an insurer that has paid a loss under an insurance policy is entitled to all of the rights and remedies belonging to the insured.
Orrick
There are too many differences between cyber policies to cover in one blog post, and the market, still in its youth, is rapidly evolving.
Proskauer Rose LLP
With data breaches affecting companies across virtually every industry, cyber security has remained front page news.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In the previous Congress, we saw a burst of policy and industry attention to telehealth as lawmakers and stakeholders alike recognized the cost, quality, and accessibility benefits of telehealth.
Reed Smith
Most notably, MACRA permanently repeals the statutory Sustainable Growth Rate (SGR) formula, achieving a goal that has eluded Congress for years.
BakerHostetler
While the new law codifies payment for chronic care management under the Medicare physician fee schedule, effective immediately, it leaves many of the details largely to CMS’s discretion.
Orrick
Recent decisions demonstrate a growing consensus favorable to policyholders on a subject that has divided courts for decades.
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