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

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

Liability insurer does not waive right to raise misrepresentations in application for failing to follow internal underwriting guidelines

  • Barger & Wolen LLP
  • -
  • USA
  • -
  • 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