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Court finds triable issue of fact as to rescission of health insurance, but upholds dismissal of bad faith and punitive damage claims

Barger & Wolen LLP
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USA
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April 6 2010

In Nazaretyan v. California Physicians’ Service, ___ Cal. Rptr. 3d ___, 2010 WL 1038685 (2010), the California Court of Appeal reversed the trial court’s grant of summary judgment in favor of California Physicians’ Service dba Blue Shield of California (“Blue Shield”), a health care service plan, following its rescission of Gevork Nazaretyan and Narine Ghazaryan’s (the “Plaintiffs”) health care coverage

Court refuses requests to depublish decision affirming rescission of health insurance policy

Barger & Wolen LLP
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USA
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April 29 2010

On April 28, 2010, the California Supreme Court declined to review the Second District Court of Appeal’s decision in Nieto v. Blue Shield of California Life & Health Insurance Company, 181 Cal. App. 4th 60 (2010

Concerned about excessive rates, California Insurance Commissioner requests rate filings from medical malpractice carriers

Barger & Wolen LLP
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USA
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February 25 2011

On February 17, 2011, California Insurance Commissioner David Jones announced in a press release that the California Department of Insurance had contacted several unnamed medical malpractice insurers to raise concerns about excessive rates and request that these insurers submit rate filings with the CDI to reduce their rates

Provision in the Patient Protection and Affordable Care Act of 2009 requiring individuals to purchase health insurance declared unconstitutional

Barger & Wolen LLP
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USA
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December 13 2010

On December 13, 2010, United States District Judge Henry Hudson, sitting in the Eastern District of Virginia, ruled that the Minimum Essential Coverage Provision in the Patient Protection and Affordable Care Act of 2009 ("PPACA") recently enacted by Congress violated the United States Constitution

Court invalidates new regulations issued by Department of Insurance concerning underwriting and rescission of health insurance policies

Barger & Wolen LLP
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USA
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January 6 2011

On December 30, 2010, Sacramento County Superior Court Judge Michael Kenny invalidated several recently issued regulations by the California Department of Insurance ("CDI") in response to a challenge filed by the Association of California Life & Health Insurance Companies ("ACLHIC"

Emergency regulations to enforce PPACA medical loss ratio guidelines granted to California Department of Insurance

Barger & Wolen LLP
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USA
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January 26 2011

On Monday January 24, 2011, newly elected California Insurance Commissioner Dave Jones announced in a press release that he had obtained approval from the California Office of Administrative Law to issue an emergency regulation allowing the Department of Insurance (the "Department") to enforce the medical loss ratio guidelines in the Patient Protection and Affordable Care Act of 2009 ("PPACA"

Patient Protection and Affordable Care Act of 2009 declared unconstitutional and void

Barger & Wolen LLP
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USA
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January 31 2011

On January 31, 2011, United States District Judge Roger Vinson, sitting in the Northern District of Florida, ruled that the Minimum Essential Coverage Provision in the Patient Protection and Affordable Care Act of 2009 ("PPACA"), recently enacted by Congress, violated the United States Constitution

Rate Regulation Bill applicable to health care service plans and health insurers passed by California assembly

Barger & Wolen LLP
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USA
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June 6 2011

On June 1, 2011, the California State Assembly passed AB 52, which was initially introduced in December 2010

Health care rate regulation bill stalls in state Senate

Barger & Wolen LLP
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USA
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September 1 2011

Controversial California Assembly Bill 52 (“AB 52”), which, among other things, granted the California Department of Insurance (“CDI”) and the California Department of Managed Health (“DMHC”) the authority to reject or modify any proposed rate or rate change by a health insurer or health care service plan, has stalled out in the California Senate

Emergency regulation to enforce medical loss ratio in Patient Protection and Affordable Care Act of 2009 made permanent

Barger & Wolen LLP
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USA
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February 10 2012

On Thursday February 9, 2012, California Insurance Commissioner Dave Jones announced that he had obtained approval from the California Office of Administrative Law to make permanent the emergency regulation issued in 2011 allowing the Department of Insurance (the “Department”) to enforce the medical loss ratio guidelines in the Patient Protection and Affordable Care Act of 2009 (“PPACA”

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