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

The Idaho Supreme Court has ruled that an insurance company was obligated to pay costs and attorney’s fees awarded in an action against its insured ? even though the compensatory damages awarded against its insured were not covered by the policy.

The Case 

After a fire at their home, David and Kathy Donnelly hired Rimar

The U.S. Court of Appeals for the Eighth Circuit has affirmed a district court’s decision that a building owner’s expenses in seeking to stabilize and then to demolish a building damaged in a windstorm were not covered under its commercial general liability insurance policy.  

The Case 

Several years ago, Clarinet, LLC, purchased a building in

A federal district court has ruled that a shooting that formed the basis of a state court judgment was not an “accident,” and therefore was not an “occurrence,” for purposes of determining coverage under two homeowner’s insurance policies.  

The Case 

Alexander Yin sued Andrew Pira and his father Richard, alleging that Andrew Pira and some

A federal district court has ruled that an insured did not destroy evidence when it removed a wrecked ship without first notifying its insurer.  

The Case 

During insurance coverage litigation between Starr Indemnity & Liability Company and New York Marine & General Insurance Company (together, “Starr”) and the Continental Cement Co., Starr asserted that Continental

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In Plain English

Copyright © 2013 by A.M. Best Company, Inc. Reprinted with permission. All rights reserved.

Celeste M. Butera, a partner in the firm’s Insurance Coverage & Litigation and Intellectual Property Practice Groups and Stuart I. Gordon and Matthew V. Spero, members of the firm’s Corporate & Commercial Practice Group, co-authored, “Court’s Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License,” which appeared in the April/May 2013 issue of Pratts