Video Surveillance Properly Led Claim Administrator to Terminate Long-Term Disability Benefits, Eleventh Circuit Rules

The plaintiff in this case worked for JPMorgan Chase Bank as a technical operations lead – a sedentary position that required sitting most of the day – and had long-term disability insurance coverage as a participant in an employee welfare benefit plan

The U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) recently announced a new initiative to investigate the causes of “small breaches” under the Health Insurance Portability and Accountability Act (“HIPAA”) that involve the protected health information (“PHI”) of fewer than 500 individuals. OCR has discretion in deciding which breaches to

As the health care industry continues to utilize new cloud computing technologies, the U.S. Department of Health and Human Services (“HHS”) issued guidance on how such technologies can be implemented while remaining compliant with the HIPAA Privacy, Security and Breach Notification Rules (the “ HIPAA Rules”).

Specifically, HHS explained that when covered entities or business

Pursuant to the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”), in April 2016, the U.S. Department of Health and Human Services issued a proposed rule that will require physicians who receive Medicare payments to participate in one of two payment programs: (1) the Merit-Based Incentive System (“MIPS”); or (2) the Alternative Payment Models

Pursuant to a final rule issued by the U.S. Department of Health and Human Services (the “HHS Rule”), certain health care providers covered by Section 1557 of the Affordable Care Act (“Section 1557”) will be required to post nondiscrimination notices and taglines by October 16, 2016.

Section 1557 prohibits discrimination on the basis of race,

The U.S. District Court for the Central District of California recently rejected efforts by an insured to procure coverage for allegations of trademark infringement under its “Personal and Advertising Injury” insurance coverage.  Infinity Micro Computer, Inc., et al. v. Continental Casualty Company, et al., 2016 U.S. Dist. LEXIS 134957 (C.D. Cal. Sept. 29, 2016).

In

Avigael C. Fyman’s article entitled “Changes in Legal Malpractice Claims Profile Reflects a Stabilizing Economy” has been published in the ABA/BNA Lawyer’s Manual on Professional Conduct.

To read the complete article, Click Here.

As an entrepreneur starting your own business, you have a lot to think about.  Hiring your first employee is no exception.  Federal law requires employers to verify every employee’s identity and work authorization by completing and retaining an Employment Eligibility Verification (Form I-9) for each employee.  This obligation can present challenges to an employer hiring

Caffeine seems to have been around forever. I do not remember my first cup of coffee or my first can of cola, but I do remember the over-the-counter (OTC) stimulant drug products containing 200 mg of caffeine that were an absolute necessity for most of my classmates to survive freshman year of college and first

Benjamin Malerba’s and Ada Kozicz’s article entitled HIPAA Phase 2 Audit Protocol: Would Your Client Pass the Test was published by the American Bar Association.

The United States Department of Health and Human Services’ Office for Civil Rights (OCR) recently released its protocol for the next phase of audits that will be conducted throughout

A federal district court in Illinois has ruled that “renewable identification numbers” (“RINs”) were not property covered by various insurance policies issued to a company that had purchased biodiesel fuel with RINs.

The Case

Superior Fuels, Inc., alleged in the lawsuit that it filed against e-Biofuels, LLC, that it had purchased biodiesel fuel from e-Biofuels

A federal district court in Indiana has ruled that an employment-related practices exclusion in a commercial general liability (“CGL”) insurance policy precluded coverage of claims brought by the insured company’s former chief executive officer (“CEO”) against officers and directors of the company.

The Case

After Global Caravan Technologies, Inc. (“GCT”) was formed and began operating,

A federal district court in Ohio has ruled that a total pollution exclusion in a commercial general liability (“CGL”) insurance policy precluded coverage for the costs of cleaning up Lake Erie after roofing tar had escaped from a roof and flowed into the lake.

The Case

Ronald L. Myers and his sole proprietorship, Myers Recycling

The U.S. Court of Appeals for the Eleventh Circuit has ruled that products exclusions in commercial general liability (“CGL”) insurance policies precluded coverage for claims against an insured pharmaceutical company that its products had led to widespread prescription drug abuse in West Virginia.

The Case

The State of West Virginia sued Anda, Inc., and other

The U.S. Court of Appeals for the Fifth Circuit has ruled that the precious metals exclusion in an all-risk commercial property insurance policy precluded coverage for the insured’s claim that thieves had stolen its air conditioning units’ condensers.

The Case

Celebration Church, Inc., discovered that thieves had opened seven air conditioning units installed on the