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California Appellate Court Allows State Law Claims Against Private Medicare Plans
In a case of first impression, the Fourth District Court of Appeal opened the door to new lawsuits against private Medicare plans that had previously been held to be preempted…
U.S. Supreme Court Strikes Down State Limitations Through Use of Federal Class Actions
In a significant blow to business but a boon for consumers, the Supreme Court ruled yesterday that certain class actions barred or limited by state laws may proceed in federal…
The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act Summary and Implementation Timelines
Eric M. Peterson from the law firm of Dorsey & Whitney LLP has done a nice job summarizing the recently enacted Patient Protection and Affordable Care Act. Peterson’s article, ‘Health…
California Supreme Court Accepts Review of Howell: Will the Collateral Source Rule Be Extended to Cover Non-Discounted Medical Expenses?
The collateral source rule is familiar to every attorney in California. Every attorney recalls spending time studying the rule in law school. The collateral source rule is critical to people…
The NAIC Announces Hearings on Stranger-Owned Annuities
Stranger-Owned Annuities allow investors to purchase an interest in the life of an elderly or terminally ill person, inducing the insured to purchase the policy largely for the benefit of…
Insurer Seeking Contribution From Another Insurer Must Prove it Paid More Than Its Share of Loss
When multiple insurers share the same defense obligation, the defense costs are typically allocated equally. When an insurance company refuses to defend, those insurers which do contribute to the defense…
An Insurer Has A Duty to Notify Insured of Contractual Limitations Provision Regardless of Whether the Insured is Represented By Counsel.
Regardless of whether the insured is represented by counsel, an insurer has a duty to provide notice of a contractual statute of limitations period. The Insurance Corporation of New York…
ERISA Plan Administrators Take Heed
In an article appearing inthe February 10, 2010 editions of theLos Angeles and San FranciscoDaily Journals, I discuss the impact of the Ninth Circuit’s Montour v. Hartford Life & Accident,…
Supreme Court Says Principal Place of Business is Where a Company’s Headquarters is Located
A unanimous United Supreme Court ruled today that a corporation’s principal place of business is where the company’s executives work and direct the company’s business activities, not where the company’s…
California Insurance Commissioner Says Anthem Blue Cross Violated California Law More Than 700 Times
Just when you thought the bad news for Anthem Blue Cross (“Anthem”) could not get any worse, it does. According to an article by Duke Helfand appearing in today’s Los Angeles Times,…
