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Searching Content indexed under Insurance Laws and Products by Dickinson Wright PLLC ordered by Published Date Descending.
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1
New HRA Alternatives For Employers
The IRS issued final regulations on June 20, 2019 (the "Final Regulations"), which will allow employers to offer two new categories of health reimbursement accounts ("HRAs") for plan years beginning on or after January 1, 2020
United States
7 Aug 2019
2
Surprise! A QDRO Can Apply To A Welfare Benefit Plan
Most plan administrators are familiar with a qualified domestic relations order or "QDRO," which is used to split retirement plan benefits between a plan participant and an alternate payee ...
United States
7 Jun 2019
3
IRS General Counsel Opinion On Deductibility Of Health Insurance Premiums Paid For Family Members Of S Corporation Shareholders
The IRS recently issued a Chief Counsel Memorandum clarifying when a family member of a 2% shareholder in an S corporation is entitled to a deduction under Section 162(l) of the Internal Revenue Code...
United States
4 Jun 2019
4
Sixth Circuit Allows Both Punitive Damages And Bad Faith Damages Against Insurance Company On Bad Faith Refusal To Pay
Recently, the United States Court of Appeals for the Sixth Circuit, in Lindenberg v. Jackson Nat'l Life Ins. Co., 912 F.3d 348 (6th Cir. 2018),
United States
8 Mar 2019
5
The Sixth Circuit Declares Tennessee's Punitive Damages Cap Unconstitutional
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill
United States
15 Feb 2019
6
New Tax Law Could Impact Design Of Life-Insurance Funded Buy-Sell Agreements
Buy-sell arrangements among entity owners are generally designed either as a "cross purchase" or "corporate redemption" agreement. There are tax and non-tax advantages and disadvantages to each design.
United States
30 Jan 2018
7
Michigan Supreme Court Holds That An Insurer's Untimely Payment Of Underinsured Motorist Benefits Is Subject To Penalty Interest Even If Reasonably In Dispute
The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer.
United States
16 Aug 2017
8
Cash Value of Life Insurance Policy Exempt From Garnishment
Michigan's Court of Appeals recently issued an opinion interpreting a statutory provision exempting insurance proceeds from the reach of creditors in certain situations.
United States
3 Aug 2017
9
Be Careful What And Who You Tell: Limitations On Defense Counsel Reporting
Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier.
United States
29 Jun 2017
10
Michigan Supreme Court Holds That An Insurer's Untimely Payment Of Underinsured Motorist Benefits Is Subject To Penalty Interest Even If Reasonably In Dispute
The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer.
United States
25 May 2017
11
Expansion Of Practice Autonomy Of Physician Assistants
As part of a flurry of activity at the end of 2016, Public Act 379 was enacted by the Michigan legislature and signed by Governor Snyder.
United States
7 Mar 2017
12
Contaminated Product Insurance Policy Held Void Due To Insureds Misrepresentations
A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application.
United States
2 Mar 2017
13
Contaminated Product Insurance Policy Held Void Due To Insured's Misrepresentations
A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application.
United States
1 Feb 2017
14
Contaminated Product Insurance Policy Held Void Due To Insured's Misrepresentations
In 2014, Heinz recalled baby cereal manufactured in China after Chinese authorities informed Heinz that it was contaminated with lead.
United States
26 Jan 2017
15
Arizona Court Of Appeals Rules That Coverage For An Additional Insured Is No Greater Than Coverage Afforded A Named Insured - - Interpretation Of The "Your Work" Exclusion.
In a matter of first impression, the Arizona Court of Appeals recently ruled that the "Your Work Exclusion" in a CGL insurance policy bars coverage for an additional insured when the only claimed damage was to the named insured's own work.
United States
16 Jan 2017
16
Recent Developments In Mental Health Benefit Denials
The Mental Health Parity and Addiction Equity Act (Parity Act) requires health plans to provide the same coverage for mental health conditions as they provide for physical conditions.
United States
26 Jul 2016
17
Healthcare Legal News: July 2016 • Volume 6, Number 1
The Mental Health Parity and Addiction Equity Act (Parity Act) requires health plans to provide the same coverage for mental health conditions as they provide for physical conditions.
United States
26 Jul 2016
18
Affordable Care Act Update – Some Questions Answered, Some Relief Granted
Within the last week, there has been a flurry of activity from both Congress and the Internal Revenue Service ("IRS") with respect to the Affordable Care Act ("ACA").
United States
31 Dec 2015
19
Rules Against Title Insurer On Date Of Loss Issue
The Court of Appeals in Johnson Bank noted that the failure of the lender's policy to specify the date the loss is to be calculated creates an ambiguity that must be resolved by looking to social policy and the transaction as a whole.
United States
17 Sep 2015
20
Morris Agreement Ruled Unenforceable In Mechanics' Lien Dispute
A "Morris agreement" between a title insured and mechanics lien claimants was unenforceable, because the agreement wasn't an arms-length transaction, and the settlement left the insured without any risk of personal liability.
United States
10 Sep 2015
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