California Supreme Court To Decide Interplay Between Severability-of-Interests Clause And Intentional Acts Exclusion

By Patrick R. McKinney II, Special Counsel, Farella Braun + Martel LLP Can an insurance company deny coverage to a homeowner who did nothing intentional because another insured under the policy committed a crime or intentional tort? The California Supreme Court heard argument on this issue last...

Mealey's™ Managed Care Liability Report-Florida Judge Finds Individual Mandate In Health Care Act Unconstitutional

PENSACOLA, Fla. -- (Mealey's) A Florida federal judge on Jan. 31 struck down as unconstitutional the individual mandate portion of the Patient Protection and Affordable Care Act (PPACA) and, finding that the provision is not severable, held that the entire act must be declared void ( State of Florida...

Virginia's Attack on Health Care Reform Individual Mandate in PPACA Heard by Fourth Circuit

RICHMOND, Va. - (Mealey's) The federal government argued before a panel of the Fourth Circuit U.S. Court of Appeals on May 10 that a district court judge erred in finding that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional, while the...

Revisiting the Three Rs: Risks, Rewards, and Rescission

By Mary McCutcheon and Amanda Hairston, Attorneys, Farella Braun + Martel LLP In their article appearing in the May/June 2011 issue of Coverage , "Revisiting the Three Rs: Risks, Rewards, and Rescission," Mary McCutcheon and Amanda Hairston observe that insurers' claims that they are...

The Third Burning of Washington: Uncivil Health Care Wars Continue

By Alvin D. Lurie Historical Headnote: Washington has been burned twice before - once 197 years ago literally, by the enemy from without, when the British burned the White House and the U.S. Capitol during the War of 1812; and once metaphorically, by the enemy from within, when the Confederacy broke...