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  • Trial Strategy: Can a Supplemental Interrogatory Answer Be Filed After the Discovery Deadline Has Passed?

    Interrogatories can help to focus the issues in an insurance coverage case. But what happens when an interrogatory answer is supplemented after the deadline…

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  • FEHBA Does Not Preempt Arizona Rule Barring Subrogation between Injured Insured and FEHBA Insurer, Arizona Appeals Court Holds

    An appellate court in Arizona has ruled that Section 8902(m)(1) of the Federal Employee Health Benefits Act (“FEHBA”), which provides that…

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  • Appeals Court Upholds Remittitur of $19 Million Punitive Damages Award Against Insurer to $350,000 Based on Maximum 10:1 Ratio of Punitive to Compensatory Damages

    A California appellate court has affirmed a trial court’s remittitur of a punitive damages award against an insurer from $19 million to $350,000…

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  • Insured Was “Made Whole” Where He Accepted a Settlement of Less Than Policy Limits, Washington Appeals Court Rules

    A Washington appellate court has ruled that an insured was “made whole” when he accepted a settlement of less than policy limits and, as a…

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  • “Basic Denial of Insurance Coverage” under Long Term Care Policy Does Not Qualify as Statutory “Financial Elder Abuse,” California District Court Holds

    A federal district court in California has dismissed a claim brought under a long term care insurance policy for statutory “financial elder abuse,”…

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    New Jersey Medical Malpractice Law 2022

    Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown

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  • When Health and Auto Insurance Collide: Michigan Supreme Court Limits Insured’s Right to “Double Recovery”

    The Michigan Supreme Court has ruled that a person claiming personal protection insurance (“PIP”) benefits under MCL 500.3114(5)(a) for injuries…

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  • Medicaid Act Bars California’s Elimination of Coverage for Certain Health Care Services Provided by Publicly-Funded Health Clinics, 9th Circuit Holds

    The U.S. Court of Appeals for the Ninth Circuit has ruled that the Medicaid Act prohibits California from eliminating coverage for adult dental, podiatry,…

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  • Florida Supreme Court Finds Ambiguity in Home Health Care Insurance Policy’s Automatic Benefit Increase Percentage Provision

    A divided Florida Supreme Court, in responding to questions certified by the U.S. Court of Appeals for the Eleventh Circuit, has determined that the “automatic…

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  • U.S. Supreme Court Rejects Court Challenge to Arbitrator’s Decision that Doctor’s Contract with Insurer Provided for Class Arbitration of Disputes

    In a unanimous decision, the U.S. Supreme Court has ruled that courts could not overturn a decision by an arbitrator that a contract between a physician…

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  • Newborn’s Hospital Costs Not Covered Where Mom Failed to Ask Insurer to Add Him to Policy, California Appeals Court Holds

    Reversing a trial court’s decision, a California appellate court has ruled that an insured’s failure to notify her health insurance carrier…

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