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Federal Court calls "individual mandate" unconstitutional

Edwards Wildman Palmer LLP
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USA
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December 16 2010

A Federal Court in Virginia ruled on December 13 that the provision of the Patient Protection and Affordable Care Act requiring most Americans to carry insurance or pay a fine is unconstitutional

Judge allows healthcare reform challenge to move forward

Edwards Wildman Palmer LLP
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USA
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October 25 2010

On October 14, a federal judge declined to dismiss two of the six claims in a healthcare reform lawsuit filed by 20 states

Healthcare lawsuit may move forward

Edwards Wildman Palmer LLP
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USA
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September 27 2010

Also on September 14, the healthcare reform lawsuit filed by the Attorneys General of 20 states against the federal government appeared ready to move forward - at least in part

Mexican court finds insurer jointly liable for medical error

Edwards Wildman Palmer LLP
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Mexico
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September 20 2010

Insurers authorized in Mexico must consider the issue of potential liability in connection with selecting physicians for their medical network to provide services to their insureds

ERISA litigation: an update from the ALI-ABA conference on financial and insurance litigation

Edwards Wildman Palmer LLP
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USA
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July 21 2010

ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years: the result of an aging population and an increasingly sophisticated and aggressive plaintiffs' bar

Ninth Circuit: automobile insurer did not engage in bad faith by refusing to pre-authorize treatment under PIP coverage

Edwards Wildman Palmer LLP
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USA
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February 2 2010

In Sadler v. State Farm Mutual Automobile Insurance Company, No. 08-35859 (9th Cir. Nov. 4, 2009), the insureds sued their insurer for bad faith, among other claims, arising from their insurer’s refusal to pre-authorize surgery under the personal injury protection (“PIP”) provision of the automobile insurance policy

Supreme Court of Canada considers the meaning of 'accident' under a group policy

Edwards Wildman Palmer LLP
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Canada
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January 22 2010

In the case of Co-operators Life Insurance v Gibbens, 2009 SCC 59, the insured contracted herpes through unprotected sex and, as a result, developed transverse myelitis, a rare complication of herpes, which left him paralysed from the waist down

Scottish Court rejects insurers' challenge over compensation for pleural plaques

Edwards Wildman Palmer LLP
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United Kingdom
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January 13 2010

The Scottish Court has upheld legislation that maintains the right to compensation for pleural plaques sufferers in Scotland

Court examines duty to defend funeral homes accused of participation in organ harvesting

Edwards Wildman Palmer LLP
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USA
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December 23 2009

A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme