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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
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 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
Patient Protection and Affordable Care Act of 2009 declared unconstitutional and void
- Barger & Wolen LLP
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- USA
- -
- 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
Liability insurer does not waive right to raise misrepresentations in application for failing to follow internal underwriting guidelines
- Barger & Wolen LLP
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- USA
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- October 6 2010
While this blog is dedicated to Life, Health and Disability Insurance, including ERISA matters, a recent Court of Appeal liability insurance decision concerning waiver, estoppel and Health & Safety Code 1389.3 Colony Insurance Co. v. Crusader Insurance Co. should apply with equal force to life, health and disability insurers
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- Firm Name - Barger & Wolen LLP
- Author - Jason C. Love
- Author - John M. LeBlanc
- Workarea - Litigation