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President Obama Favors Repealing Antitrust Exemption
Last year the House passed legislation which would repeal the limited exemption the insurance industry received when Congress passed the McCarran-Ferguson Act of 1945. The law shields insurance companies from…
California to Announce New Rules for HMO Members
On Wednesday, the California Department of Managed Health Care (“CDMH”) is scheduled to roll out new regulations that limit HMO members’ wait times for an appointment with a physician or…
Unfair Insurance Practices Act Can Give Rise To Private Cause Of Action Under UCL
The California Court of Appeal recently addressed the question of whether a violation of the Unfair Insurance Practices Act can give rise to a civil cause of action under the…
Court Upholds $500 Million Award Against U.S. Life Insurance Co.
The U.S. Ninth Circuit Court of Appeals has upheld an arbitration award requiring U.S. Life Insurance Co. to pay reinsurance of more than $500 million to Superior National Insurance Companies,…
Ninth Circuit Affirms Use of Genuine Dispute Doctrine in D&O Coverage Cases
The genuine dispute doctrine has received much attention recently by the California courts. Although the doctrine first arose in the Ninth Circuit Court of Appeals, there has not been much…
District Court Applies Abuse of Discretion Standard of Review After Montour
Recently, in Montour v. Harford Life & Accident, 582 F.3d 933 (9th Cir. 2009), the Ninth Circuit Court of Appeals, in one of its most important cases, adopted a new…
California Supreme Court Embraces 1:1 Punitive Damages Ratio
The California Supreme Court has embraced the principle suggested by the U.S. Supreme Court that a ratio of punitive damages to compensatory damages of one-to-one is the federal constitutional maximum…
California’s 2009 Insurance Legislation: It Was an Important Year
2009 was an important year for insurance legislation in California. An excellent review of this legislation was posted on December 4, 2009 by the Barger & Wolen LLP legal blog…
Calling In a Disability Expert
Arthur Fries, an independent disability consultant and an expert I have known for many years, has written an article entitled “Calling In a Disability Expert” which appeared on November 16,…
Guardian to Offer Guaranteed-Issue Small Group Disability Income Insurance
According to National Underwriter, Guardian Life Insurance Company of America is making it easier for employers with 2 to 9 employees to offer disability insurance benefits. It says it now…
