An Apple a Day Won’t Keep Trials at Bay: COVID-19 Health Insurance Claims Litigation

Learn to identify the triggers that can cause claims under health insurance policies to develop into litigation and how to proceed with or defend a civil action on a COVID-19–related health insurance claim involving policyholders, insurers, insurance intermediaries, healthcare providers, and others. This practice note also discusses health insurance basics and policy evaluation, as well as issues that often arise in health insurance litigation including potential parties, theories of action, pleading considerations, jurisdiction and venue, choice of law, available responses to suit, and discovery.

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Related Content:

• COVID-19 Health Insurance Claims Litigation Checklist
  Quickly review potential basis for legal action on health insurance policies on claims arising from COVID-19 and also general health insurance litigation.
• Misrepresentation in Health Insurance Applications
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• CAA Benefits Alert: Unpacking the Benefits Provisions in the Consolidated Appropriations Act, 2021, Surprise Billing
  Discover the provisions in the “No Surprises Act,” which protect medical plan participants from surprise medical bills from out-of-network providers for emergency services and non-emergency services at in-network facilities, and holds them liable only for cost-sharing amounts that apply to in-network services.
• CAA Benefits Alert: 2021 Appropriations Bill Adds New Restrictions on “Gag Clauses” for Health Plans
  Learn about the rules included in the Consolidated Appropriations Act, 2021 (CAA), which prohibit group health plans and insurers from entering into contracts that restrict a plan from accessing and sharing certain information in order to increase transparency in pricing and quality of information for consumers and plan sponsors.
• Medical Malpractice Insurance State Law Survey
  Get a national perspective on medical malpractice insurance policy provisions with this 50-state survey that addresses joint underwriting associations, premiums, reserves, and insurer reporting requirements for malpractice claims against an insured.

Practical Guidance Updates
Featuring the latest updates in Practical Guidance.   

• Coronavirus (COVID-19) Resource Kit: Healthcare
• COVID-19 Resource Kit: Business Response (Insurance)
• Insurance Claims Resource Kit
• Insurance Coverage Resource Kit

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