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May 31, 2024 | New Jersey Law Journal

Allstate Qui Tam Action Can Proceed Against Clinical Laboratory Over 'Growing and Disturbing Trend' of Unnecessary Urine Drug Testing

"Allstate submits that, in recent years, the opioid abuse crisis has fueled urine drug testing (UDT) for pain management and prescription compliance, ripening opportunities for fraud, waste, and abuse," U.S. Chief District Judge Renée Marie Bumb wrote. "It links Phoenix Toxicology to a growing and disturbing trend of unnecessary UDT."
5 minute read
May 23, 2024 | Daily Business Review

Fla. High Court Clears Path for Insurance Companies to Utilize Payment Methodologies Enumerated in PIP Statute

The "billed amount" issue deals with both policy language and Section 627.736(5)(a)(5) of the PIP statute. In plain language, the issue can be summarized as whether an insurer is eligible to reimburse a bill at 80% of the amount billed when that amount is less than 200% of the Medicare fee schedule rate for the corresponding year for which the service was rendered.
8 minute read
May 07, 2024 | New Jersey Law Journal

Third Circuit Overlooks Jurisdictional Problem in New Jersey Insurance Fraud Claims Decision

"The Third Circuit clearly had appellate jurisdiction to decide the first two issues, but it did not have jurisdiction under the FAA to decide the third issue," writes David N. Cinotti of Pashman Stein Walder Hayden.
10 minute read
May 01, 2024 | Daily Report Online

Judicial Restraint Could Make or Break This Ga. Appellant's Argument for Venue-Anchoring

"I don't know that we really should care about policy," said Presiding Judge Stephen Dillard. "It's only what the statute says, and you may be right on that, you may not be right on that, but that's what I'm not getting."
5 minute read
April 10, 2024 | Connecticut Law Tribune

Amendment Did Not Change Underinsured Motorist Vehicle Definition, Appellate Court Says

The goal of the amendment was to "correct this inequity" found in the "Lenda" decision, the Connecticut Trial Lawyers Association said in a letter to the Legislature's Insurance and Real Estate Committee.
4 minute read
April 08, 2024 | Law.com

State Appellate Court Slaps Down Class Action Challenging Policy Change that Impacted Unemployment Benefits

The plaintiffs sued after the South Carolina Department of Employment and Workforce reportedly cut off their weekly benefits without notifying them of a new provision requiring them to conduct at least one job search per week using the SC Works Online System (SCWOS).
5 minute read
April 05, 2024 | New Jersey Law Journal

'Trap for Unguarded Consumer': Appellate Ruling Finds UIM Step-Down Provision Was Unclear

The ruling, which denied Wausau Underwriters Insurance Co.'s motion for reconsideration, waded into a novel question of insurance law regarding coverage for a vehicle with an alternate garaging address than what's listed on the policy.
5 minute read
April 04, 2024 | The Legal Intelligencer

Prophylactic Affirmative Defenses: Doing More Harm Than Good?

While merely striking affirmative defenses that should not have been in the action in the first place may not be a sufficient deterrent to curb the filing of frivolous defenses, where the assertion of such baseless prophylactic defenses occurs in first party insurance litigation, such as uninsured (UM) or underinsured (UIM) motorist claims, it may result in much harsher repercussions.
7 minute read
March 15, 2024 | New York Law Journal

CPLR 5511: Relief to Nonparties, to a Nonappealing Child

This article discusses 'Johnson v. Johnson', which remedied such a concern even though the attorney for the child did not appeal from the order, as well as an understanding of aggrievement, CPLR 551, as it relates to nonparties and to nonappealing parties is instructive.
13 minute read
March 08, 2024 | Daily Report Online

Settlement Strategy: Line-by-Line Holt Demand Leads to $1.25M Resolution

The plaintiff is 82 years old.
4 minute read

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