The “Obamacare” tax on net investment income came into effect on January 1, 2013 although the guidance on the regulations under Section 1411 is not effective until after December 31, 2013.

First and foremost – what is this new tax? Basically, taxpayers must add an additional 3.8% tax on the lesser of their net investment

Please click the link below to view the Trusts, Estates & Taxation – Spring 2013 Newsletter. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Trusts, Estates & Taxation – Spring 2013 Newsletter

In 2009, Laura Symczyk, who had been employed by Genesis Healthcare Corporation as a registered nurse at its Pennypack Center in Philadelphia, Pennsylvania, filed a complaint on behalf of herself and “all other persons similarly situated” – known as a “collective action” – that alleged that Genesis had violated the federal Fair Labor Standards Act

The Minnesota Supreme Court has ruled that the absolute pollution exclusion encompassed carbon monoxide released in a home by a boiler that allegedly had been negligently installed. 

The Case 

Homeowners sued a contractor, alleging that negligence in the installation of a boiler led to the discharge of carbon monoxide in their home, which injured them.

An appellate court in Massachusetts has ruled that the pro rata time-on-the-risk allocation method adopted by the Massachusetts Supreme Judicial Court in 2009 in Boston Gas Co. v. Century Indem. Co. should be applied to determine the extent of indemnity coverage owed by Liberty Mutual Insurance Company for claims brought against its insured, New England

The U.S. Court of Appeals for the Fourth Circuit has ruled, for an insurer represented by Mike Kotula of Rivkin Radler, that “qualified” pollution exclusions and “absolute” pollution exclusions in commercial general liability (“CGL”) insurance policies barred coverage of claims arising out of the cleanup of environmental contamination at a former fertilizer manufacturing facility. 

The

An Indiana appellate court has ruled that recital language in a release signed by an insured in favor of its insurer that arguably suggested that the release applied to only some of the insurance policies the insured had with its insurer did not trump the “clear language” in the release that released the insurer from

The New Hampshire Supreme Court has ruled that an excess insurer had no duty to defend the owners of a business that made photograph albums on property in Connecticut against a claim by the property’s purchaser that they had contaminated the property.  

The Case 

Sheldon and Melvin Holson operated a business that made photograph albums

Recently, the Center for Medicare & Medicaid Services (“CMS”) and the Health and Human Services Office of Inspector General (“OIG”) published proposed rules that if enacted would modify certain aspects of the electronic health records Stark Law exception and Anti-Kickback safe harbor by extending its sunset date.[1] 

 The proposed rules would extend the December 31,

On January 17, 2013, the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) released the final Omnibus Rule (“Omnibus Rule” or “Final Rule”) amending the HIPAA Privacy, Security, Breach Notification and Enforcement Rules.  As described by HHS OCR Director Leon Rodriguez, “[t]his final omnibus rule marks the most sweeping changes

The Affordable Care Act (“ACA”) provides for the establishment of State or regional health insurance exchanges where individuals can shop, compare and purchase medical care coverage beginning the last quarter of this year for coverage effective January 1, 2014. 

In connection with establishing a state-based health insurance exchange by October 1, 2013, there are so

The New York State Office of the Medicaid Inspector General (“OMIG”) recently released its Work Plan for fiscal year 2013-2014 (the “Work Plan”). The Work Plan describes activities that OMIG plans to initiate or continue during 2013 and 2014, including its outline of areas of fraud that the agency will target in the new fiscal

Over a decade ago, in an effort to reduce no-fault insurance fraud involving the improper ownership or licensing of medical providers, the New York State Insurance Department (the precursor to the New York State Department of Financial Services (“DFS”)), adopted a regulation that declared that a health care services provider was eligible for reimbursement from

Verdict in Negligence Suit Did Not Preclude Application of Intended Bodily Injury Exclusion in Coverage Case

After his car was struck by a vehicle driven by Edmund Schwartz, Walter Dreyer allegedly intentionally drove his vehicle into Schwartz. Schwartz sued Dreyer, asserting negligence and intentional tort causes of action. Only the negligence claim was submitted to

The plaintiff in this case worked for American International Group (AIG) and participated in its group long term disability benefit plan, which was governed by the provisions of the Employee Retirement Income Security Act (ERISA) and administered by Hartford Life and Accident Insurance Company. After several hospitalizations, the plaintiff filed a claim for long term