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Articles: 1-10 of 15

Could possible predictability be coming to wilderness therapy coverage disputes?

USA - June 5 2019 Current trends in litigation regarding wilderness therapy coverage center on motion practice. Courts have been unpredictable with granting or denying…

South Carolina Supreme Court Says “No” to Binding Non-Signatories to Arbitration Clause

USA - May 9 2019 The Supreme Court of South Carolina recently determined that non-signatory insureds could not be compelled to arbitrate their claims under an…

$25.5 Million Oklahoma Verdict: Jackpot Justice or Case Study on Bad Faith Litigation?

USA - November 15 2018 We all know how prevalent bad faith claims are. It seems like almost every case involving disputed policy benefits includes one. Many have no merit…

Ex-Spouse May Not Be Removed as Beneficiary of Life Insurance Policy under New York’s Revocation on Divorce Statute

USA - October 29 2018 A recent Second Circuit opinion highlights an important nuance in New York’s revocation on divorce statute, N.Y. Est. Powers & Trusts Law § 5-1.4. In…

DOL Regulations on Association Health Plans: How Will They Affect the Health Insurance Marketplace?

USA - October 15 2018 Last year, the President issued an Executive Order directing the Secretary of the Department of Labor (DOL) to issue regulations to expand access to…

The Uncertain Legal Intersection of Genetic Tests and Life Insurance

USA - September 18 2018 The growth of direct-to-consumer DNA kits is a big deal with significant ramifications for the life insurance industry. Direct-to-consumer DNA kits…

Alabama’s Act Aimed at Prohibiting Financial Abuse of Elders - Should It Be Expanded to Cover Insurers and Insurance Agents?

USA - September 5 2018 Alabama’s Elder Abuse Act attempts to protect financial abuse of elders. But by not including insurance companies and insurance agents, does the Act…

CNA Long-Term Care Class Action — Could It Have Long-Term Consequences?

USA - September 4 2018 A long-term care insurance class action filed in May 2018 highlights the importance of clearly defined policy language. At dispute in the lawsuit…

HIV-Preventative Medication and Insurance Underwriting—Regulators Weigh In

USA - August 27 2018 A gay man is suing Mutual of Omaha in Massachusetts federal court alleging that Mutual unlawfully denied him long-term care insurance because he was…

What’s Who You Love Got to Do with It? Allegations of Sexual-Orientation Discrimination in the Context of Insurance Underwriting—Part 3

USA - August 20 2018 The question of whether Mutual of Omaha discriminated against a gay man (John Doe) when it refused to issue a long-term care insurance policy due to…