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US Airways v. McCutchen: when silence is not golden

Jones Day
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USA
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May 14 2013

Sponsors and administrators of self-insured health and welfare plans, as well as insurance companies that offer insured health and welfare products

Liability insurers may have duty to defend against federal prosecutions, California Court of Appeal holds

Barger & Wolen LLP
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USA
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May 6 2013

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not

6th Circuit: plan administrators are not necessarily required to obtain vocational evidence or an IME before making their LTD determinations

Lane Powell PC
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USA
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May 16 2013

In Judge v. Metropolitan Life Insurance Company PDF, 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff's proposed bright-line rule

Delaware court: settlement for statutory damages, calculated without reference to actual damages incurred, is for penalty, not covered loss

Wiley Rein LLP
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USA
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May 14 2013

A Delaware trial court has held that a settlement for statutory damages paid by a health care organization represents uncovered penalties rather than

The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions

Proskauer Rose LLP
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USA
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August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation

U.S. Supreme Court affirms the primacy of plan language, but demands specificity

Epstein Becker Green
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USA
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May 2 2013

On April 16, 2013, the U.S. Supreme Court unanimously decided in US Airways, Inc. v. McCutchen that equitable doctrines, such as unjust enrichment or

Prior sprain causes insurance pain

Gadens Lawyers
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Australia
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April 29 2013

Mr Preston (plaintiff) held a sickness and accident insurance policy with AIA Australia Limited (defendant), with a period of cover from

California Appellate Court confirms cap on past medical expenses applies to Medicare payments and should be imposed before further reductions for contributory negligence

Wilson Elser
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USA
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April 25 2013

In Luttrell v. Island Pacific Supermarkets, Inc. (April 8, 2013, A134089), California's First District Court of Appeal held that Howell v. Hamilton

The scarlet letter: asbestos litigation for the new or low-profile defendant

Barnes & Thornburg LLP
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USA
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March 27 2013

Asbestos litigation will continue for decades, and it will ensnare more companies along the way. Three facts prove these points: (1) the peak year

Obamacare: round 2

Epstein Becker Green
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USA
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February 25 2013

The greatest drama in the Supreme Court's last term came from the legal challenges to the Patient Protection and Affordable Care Act of 2010

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Search results

US Airways v. McCutchen: when silence is not golden

Liability insurers may have duty to defend against federal prosecutions, California Court of Appeal holds

6th Circuit: plan administrators are not necessarily required to obtain vocational evidence or an IME before making their LTD determinations

Delaware court: settlement for statutory damages, calculated without reference to actual damages incurred, is for penalty, not covered loss

The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions

U.S. Supreme Court affirms the primacy of plan language, but demands specificity

Prior sprain causes insurance pain

California Appellate Court confirms cap on past medical expenses applies to Medicare payments and should be imposed before further reductions for contributory negligence

The scarlet letter: asbestos litigation for the new or low-profile defendant

Obamacare: round 2

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