A federal district court in California has refused to order an insurance company to comply with a plaintiff’s “overbroad” discovery requests. The court, instead, only ordered the insurer to provide “some statistical discovery.”  

The Case 

An employee who was insured under an employer sponsored plan was fatally injured in a single vehicle accident after he

The plaintiff in this case was employed as a pharmacist by CVS RX Services, Inc. His base weekly salary, which was calculated on a 44 hour work week, exceeded $1,250. CVS guaranteed his base salary and classified him as a salaried employee exempt from the time-and-a-half overtime requirements of the federal Fair Labor Standards Act

Generally, the law in New York is that “a determination fixing a defendant’s fees in a prior action brought by the defendant against the plaintiff for fees for the same legal services which the plaintiff alleges were negligently performed, necessarily determines that there was no legal malpractice.” Breslin Realty Development Corp. v. Shaw, 72 A.D.3d

Work-related email accounts are ubiquitous and often are used by employees for personal reasons. Employees also may use their own personal email accounts on employer provided resources ? with or without the permission of the employer.  Many cases have considered the right of an employer to access an employee’s email accounts from the employee’s work

Court Rules Reservation of Rights Did Not Satisfy Insurer’s Timely Disclaimer Obligation

In 2006, the insurer reserved rights as to the insured’s claim for coverage for an accident, but the insurer did not disclaim until 2009, one year after its insured was sued and the insurer was provided with a copy of the complaint.  The

Keppel Amfels L.L.C., which builds and repairs offshore drilling platforms and marine vessels at the Port of Brownsville, Texas, relies on lease-labor and temporary staffing agencies, including Perma-Temp Personnel Services, Inc., to staff about half of its local work assignments. Although these agencies fill “temporary” positions, some placements last for several years.

Keppel Amfels and

The U.S. Court of Appeals for the Sixth Circuit has affirmed a district court’s decision in favor of an insurance company, ruling that an errors and omissions policy did not cover alleged intentional misconduct and that the insured had “misunderst[ood]” the effect of a provision in the policy’s “Exclusions” section. 

The Case

One insurance agency

A federal district court in Georgia has ruled that a homeowner’s insurance policy excluded coverage for claims that the insured had assaulted his daughter-in-law even if the insured’s voluntary intoxication had affected his intent. 

The Case

A woman sued her father-in-law, alleging that, after they had left a bar, he was intoxicated, placed her in

A federal district court in Florida has rejected an insurance company’s argument for coverage under a reinsurance treaty on the basis of equitable estoppel.

The Case

A contractor entered into a contract with a city in Florida to relocate utilities within the right-of-way along Florida State Road 50. At the completion of the project, the

A federal district court in Michigan has refused to dismiss an insurer’s declaratory judgment action, ruling that an alleged collision between a pedestrian and a vehicle might not have been an “accident” for purposes of the insureds’ no-fault insurance policy if the pedestrian’s intentional acts had led to the collision.

The Case

An insurer sought

A federal district court in Pennsylvania has ruled that an intentional acts exclusion in a homeowner’s insurance policy barred coverage of claims arising from an assault even where the defendant may have lacked the mental capacity to govern his conduct.

The Case

The administrator of the estate of a deceased man sued a couple and

The New York State Public Health and Health Planning Council (the “Council”) recently released a draft report on ambulatory care services, including most notably a discussion of retail clinics, urgent care centers, and freestanding emergency departments. The report was reviewed at a full meeting of the Council on December 12th, and is slated to be

Health care compliance attorneys are frequently asked to “rate” the risks around various existing or proposed business arrangements involving medical professionals.  Could a given arrangement be viewed as a violation of the Stark Self-Referral Law (“Stark”) or Anti-Kickback Statute (“AKS”)?  Are there compelling, or at least plausible, arguments for why the arrangement should instead be

I.  Introduction and Background of PACE

The Program of All-Inclusive Care for the Elderly (PACE) provides comprehensive long term services and support to Medicaid and Medicare enrollees.  A multi-disciplinary team of health professionals provides individuals with coordinated care.  For most participants, the comprehensive service package enables them to receive care at home rather than receive

The lure of easy money can draw some radiologists to engage in conduct reflecting what is, at best, an alarming lack of awareness and, at worst, a deliberate disregard of the serious criminalliability1 risks entailed in entering into certain suspect business arrangements  with diagnostic testing ventures. Radiologists must understand these liability risks in order to