Claims Administrator Required to Enforce Plan Exclusionary Language

Posted on May 23, 2013 by Seyfarth Shaw

The U.S. District Court for the Central District of California recently held in Dubaich v. Connecticut General Life Insurance Co., C.D. Cal., No. 2L11-cv-10670-DMG-AJW (April 25, 2013), that a health plan participant could not obtain coverage for treatment of her degenerative disc disease, because the plan “ineluctably and unambiguously” excluded coverage for the procedure recommended by her physician. Full Story

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FDIC’s Latest Failed Bank Litigation Update Reflects Increasing Lawsuit Filings

FDIC’s Latest Failed Bank Litigation Update Reflects Increasing Lawsuit Filings

Posted on May 23, 2013 by Kevin LaCroix

According to the latest update on the FDIC’s website, the pace of the agency’s filing of failed bank lawsuits picked up considerably in the last month. Full Story

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Despite Setbacks, Libor-Scandal Claimants Press Ahead

Despite Setbacks, Libor-Scandal Claimants Press Ahead

Posted on May 23, 2013 by Kevin LaCroix

The early returns in the Libor-scandal related litigation have not been favorable for the claimants. Full Story

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Executive Risk Specialty Ins. Co. V. First Health Group Corp., 2013 WL 1908664 (Del. Super. Ct. May 7, 2013)

Posted on May 22, 2013 by James W. Semple

Before the Court in this insurance coverage case were cross motions for partial summary judgment.  The Court held in favor of the insurer that the policy did not grant coverage for the asserted loss because the monetary amount claimed was an excluded “penalty.” Full Story

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Wind, Hail, and Hotel Basements: Insurance Companies in the Heartland Will Be Busy

Posted on May 22, 2013 by Corey Harris

The last thing a person wants after a long day of traveling is to be evacuated from his hotel room and herded into a basement hallway filled with dated furniture that likely hasn’t seen the light of day in a decade. When traveling to the central states this time of year, however, this scenario is not uncommon. Full Story

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Use of New Administrative Order Authority to Up-Classify Devices: Proposed Order On “Sunlamp Products” Offers Glimpse into FDA’s Approach

Posted on May 22, 2013 by Julia Post

On May 6, 2013, FDA issued a proposed order to reclassify ultraviolet (UV) lamps intended for tanning from class I devices (general controls) exempt from premarket notification to class II devices (special controls) subject to premarket notification.  Full Story

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U.S. Department of Labor Issues Model Notices of Health Insurance Options

Posted on May 22, 2013 by Michael N. Morea

By October 1, 2013, most employers will be required to provide their current employees and new hires with notices of health insurance options. Full Story

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Most Employers Will Continue to Provide Health Coverage Next Year, Survey Finds

Most Employers Will Continue to Provide Health Coverage Next Year, Survey Finds

Posted on May 22, 2013 by Tessa J. Gelbman

The number of employers that plan to continue providing their employees with health insurance has increased, according to a new survey conducted by the International Foundation of Employee Benefit Plans (IFEBP). Full Story

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Content Considerations for a Sound Corporate Code of Ethics

Posted on May 22, 2013 by Justin D. Csik

As a follow up to my blog last month outlining key considerations with regard to the preparation and administration of a corporate code of ethics, this entry will discuss some important aspects of the substantive content that should be included in a corporate code. Full Story

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Recovery of Overpayments Under ERISA

Posted on May 21, 2013 by Robert McKennon

Section 1132(a)(3)(B) of ERISA authorizes participants, beneficiaries and/or fiduciaries to bring civil actions seeking “appropriate equitable relief” to enforce the provisions of an ERISA plan.

Full Story

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