California Supreme Court Declines to Review Case I...
Duane Morris Insurance Law
contribution jason_m_horst california_supreme_court equitable_allocation insurance | General | Tuesday May 15, 2012 | By Jason M. Horst
Insurers hoping for a definite answer regarding the limitations period for filing equitable contribution claims against one another were disappointed when, on April 11, 2012, the California Supreme Court refused to review the Fourth District Court of Appeal’s...
State of California v. Continental Ins. Co., Oral ...
Duane Morris Insurance Law
state_of_california baron pro_rata matthews stacking insurance all_sums | General | Friday May 04, 2012 | By William J. Baron
The California Supreme Court has set oral argument in State of California v. Continental Insurance Co. for May 30, 2012 at 9:00 a.m. in San Francisco.
This case presents two issues for review by the Court: (1) the so-called "all sums"...
New Twists In California Contribution Claims Invol...
Duane Morris Insurance Law
contribution axis_surplus nonparticipating_insurer sir allocation insurance construction_insurance max_stern | General | Thursday April 12, 2012 | By Max H. Stern
An intermediate appellate court in California has issued a decision addressing inter-insurer contribution claims for indemnity payments in the context of self-insured retentions (SIRs) that has a couple of new twists worth noting . In Axis Surplus...
Do All CGL Policies State Aggregate Limits Only Fo...
Duane Morris Insurance Law
asbestos cgl aggregate paul_killion garamendi_v_mission insurance coverage completed_operations products | General | Friday March 30, 2012 | By Paul J. Killion
Not all policies state aggregate limits only for the Products and Completed Operations hazards. Some provide a total limit of liability. For example, many umbrella policies use the following Limits of Liability wording:
The limit...
Why You Should Buy PHI and PII Data Breach and Sec...
Duane Morris TechLaw
insurance mhealth privacy gramm-leach-bliley ftc hhs mobile_health pii data_breach coppa ansi phi data security hipaa | Information, Technologies and Telecom | Thursday March 22, 2012 | By Lisa W. Clark
Click here to read latest blog on Why You Should Buy PHI and PII Data Breach and Security Incident Insurance.
Warning: If You Handle Protected Health Informatio...
Duane Morris Health Law
hipaa mobile_health pii ftc coppa data_breach mhealth clark data security hhs privacy gramm-leach-bliley insurance phi ansi | Health Law | Thursday March 22, 2012 | By Lisa W. Clark
We live in the data age where every day a new technology is announced in business- and consumer-oriented ecommerce and mobile health (mhealth). In response, in recent years, federal and state legislators have enacted strict data privacy and security...
Does The Wallace & Gale Decision Contradict Typica...
Duane Morris Insurance Law
asbestos wallace_&_gale aggregate operations paul_killion completed_operations insurance | General | Friday March 09, 2012 | By Paul J. Killion
In its decision In re Wallace & Gale Co., 385 F.3d 820 (4th Cir. 2004), the Fourth Circuit held that the completed operations aggregate in post operations policies applies where (a) initial exposure occurred after the operations were completed, or (b)...
Aetna Sues Surgery Centers Over Billing Practices
Duane Morris Health Law
deductibles co-pays surgery insurance billing centers and providers | Health Law | Thursday March 01, 2012 | By Patricia S. Hofstra
In a bold and seemingly unprecedented move, Aetna recently sued several California surgery centers for an alleged “fraudulent billing scheme”. The lawsuit alleges that the surgery centers induced physicians to refer patients to the surgery centers with...
The Pennsylvania Commonwealth Court Approves Liqui...
Duane Morris Construction Law
terminate sealord insurance liquidate kearney pennsylvania surety first bonds department | General | Thursday February 09, 2012 | By Patrick J. Kearney
On February 8, 2012, the Pennsylvania Insurance Department (the “Department”) announced that the Pennsylvania Commonwealth Court approved its petition to liquidate First Sealord Surety Insurance.
According to the Department's...
California Supreme Court Limits Liability Of Compo...
Duane Morris Appellate Law
california_supreme_court product_liability manufacturer jones insurer negligence insurance asbestos strict_liability | General | Thursday January 12, 2012 | By Allegra A. Jones
On January 12, 2012, the California Supreme Court issued a major victory for asbestos manufacturer-defendants in O'Neil v. Crane Co . (Case No. S177401). This unanimous decision set important limits on the duties owed by component parts manufacturers....
Collegiate Athletes and Insurance
Duane Morris Sports Law
stanford football ncaa matt_barkley andrew_luck kenneth_shropshire disability andrew_brandt sports insurance | General | Saturday December 31, 2011 | By Kenneth L. Shropshire
We should all have such a problem. Do I continue to play a game in college where I know I’m the king or do I go to the grueling schedule of the NFL where I will make millions?
My Wharton colleague, Andrew Brandt, recently wrote about the probable top...
Essential Health Benefits: What Hospitals and Doct...
Duane Morris Health Law
affordable_care_act essential_health_benefits health_insurance_exchanges insurance goldman hhs | Health Law | Thursday December 22, 2011 | By C. Mitchell Goldman
As the holiday season continues to heat up, many hospital and medical group practice administrators may have missed an important change in the creation of the health insurance exchange under the Affordable Care Act. The issue concerns how the...