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USA - March 20 2013
The federal Department of Health and Human Services issued its final omnibus, revised privacy and security regulations under the Health Insurance…
USA - November 7 2012
A little known and never used provision of the Georgia Insurance Code, O.C.G.A. § 33-20-16, commonly known as the Any Willing Provider statute (“AWP”), may now become a powerful tool for health care providers as the result of a recent case holding that the AWP applies to insurance companies organized as health care corporations pursuant to O.C.G.A. §§ 33-20-1 et seq.
USA - June 20 2012
The Georgia Supreme Court weighed in on the applicability of its ruling in State Farm Mut. Auto. Ins. Co. v. Mabry, wherein it ruled that diminution of value was a recoverable component of a loss in first party insurance physical damage claims for automobiles, to Royal Capital Development, LLC v. Maryland Cas. Co., a case that is currently pending in the 11th Circuit of Appeals.
USA - June 1 2012
The American General Life Insurance Company vs. Salamon decision by the United States Court of Appeals for the Second Circuit stands for the proposition that under New York insurance law, a life insurance company can’t attempt to rescind a life insurance policy for misrepresentations in the life insurance policy application after continuing to accept premiums once the company had knowledge of facts supporting rescission.
USA - April 18 2012
The Eleventh Circuit Federal Court of Appeals recently rebuffed the effort of PHL Variable Insurance Company to retain $484,000 in life insurance premium payments made with respect to a life insurance policy that it had been able to rescind based on fraudulent misrepresentations of the insured contained in the policy’s application.
