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Litigating the Medical Malpractice Claim: Preparation of Physician for Deposition and/or Trial

Deposition is used for four purposes: A. To gather facts about the incident at issue; B. To pin the defendant/physician to a position with the hopes he will change his testimony at trial and be impeached (discredited); C. A deposition gives the cross-examiner an opportunity to evaluate how good...

Practical Insights to HIPAA: Overview and General Background Regarding HIPAA

HIPAA is the acronym for a federal law, the Health Insurance Portability and Accountability Act of 1996. HIPAA addresses a wide range of subject areas impacting many aspects of health care and employment. In particular HIPAA concerns the privacy and security of personal medical records and the... Read...

Exploring the Self-Insured - Insurer Relationship

Self-insurance, in its various forms, has become increasingly common. With the rising costs of insurance, self- insurance has been utilized by many large trucking companies to control rising premiums and also to manage their claims. Read the full article on martindale.com®

Mini-Med Products Continue to Grow - Along with Regulatory Issues

As the cost of health care continues to rise, and with it the cost of major medical coverage, employers and individuals are looking for more affordable coverage alternatives. Insurers, anxious to meet market demand, have developed several products designed to address cost concerns. One development,....

Environmental Insurance Update

The owner of a real estate portfolio buys environmental insurance for all of the properties in the portfolio at an attractive price to protect against future environmental problems. A seller is able to close a deal by paying a one-time premium for environmental insurance for the buyer, so... Read...

Insurer -- Insured -- Attorney: Are Communications with my Lawyer Privileged

When an insurance company retains a lawyer to defend its insured in a lawsuit, a “tripartite” relationship is created between the insurer, the insured, and the attorney retained to represent the insured. North Carolina courts and state bar rulings have long held that a lawyer defending.....

Class Action Annuity Litigation

The sale of various forms of annuity contracts as retirement, insurance and savings products has been a staple in the financial world for more than a century. Indeed, when the Securities Act of 1933 was enacted, Congress was faced with the question of whether to include annuities (or life insurance)...

Real Estate Insurance

"We will send that to the Insurance Department." "Let's let the brokers discuss the insurance." These comments comprise the typical discussion when it comes time to analyze the insurance provisions in commercial loan documents and other transactions. Yet the risk managers and...

Uniform Task-Based Management System (UTBMS) Litigation Task Codes

Updated in 2007, UTBMS Litigation Task Codes are an emerging issue in insurance defense practice. The codes are used by insurers and assigned to certain billable tasks. Outside counsel, who are hired by the insurer to defend an insured, are then required to use the codes when submitting bills for their...

Principles of Advertising Injury Coverage

Standard Commercial General Liability ("CGL") policy forms provide coverage for advertising injury liability. Advertising injury is typically defined to comprise certain offenses, such as defamation, invasion of privacy, "misappropriation of advertising ideas or style of doing business...

The Doctrine of Contextual Ambiguity

"It is curious that physical courage should be so common in the world and moral courage so rare." - Mark Twain * * * In the December 20, 2006 issue of Mealey's Litigation Report: Insurance Bad Faith published was our commentary entitled "When A Flood Is Not A Flood." We criticized...

Understanding Reinsurance

Reinsurance is insurance that an insurer purchases to protect itself against exposure to large risks. The reinsurance process helps insurance companies spread and share risk against catastrophic loss. By spreading risk, reinsurance allows the insurance industry to function more efficiently. Reinsurance...

A FEMA Primer

The Federal Emergency Management Agency, or FEMA, is tasked with responding to, planning for, recovering from, and mitigating against disasters, both natural and man-made. When a disaster, such as Hurricane Katrina, goes beyond state or local capacity to respond, the President often declares an emergency...

Understanding Underinsured Motorist Coverage

UIM Laws Vary Most states have laws that provide underinsured motorist ("UIM") insurance, which allows the insured to recover damages if he or she is involved in an accident and the driver responsible for those injuries doesn't have sufficient insurance coverage. Significant differences...

Subrogation Claims by Insurers against Product Manufacturers and the Economic Loss Rule: Standing in the Shoes of the Insured

Product manufacturers often face the challenge of responding to tort claims brought by a plaintiff for personal injury damages, and by the plaintiff’s insurer for recovery of monies paid to the insured plaintiff by the product manufacturer. In essence, the insurer aims to step into the shoes of...

Practicing Insurance Law

Insurance Law has three areas of focus: insurance coverage, insurance defense litigation, and insurance compliance. Insurance coverage actions generally involve an insurer and the insured. The insured is seeking to recover under a policy of insurance, and the central legal question is whether the insured’s...

Understanding Life Insurance – Chapter 34 of the New Appleman Insurance Law Practice Guide

The LexisNexis Insurance Center staff has posted a free download containing a portion of the “Understanding Life Insurance” chapter from the New Appleman Insurance Law Practice Guide . The Guide provides not only analysis, but strategic pointers in dealing with some of the most contentious...

Looking Ahead - Emerging Trends in Employment Liability Insurance

The 2008 Edition of New Appleman Insurance Law Practice Guide features a new chapter, “Understanding Employment Liability Insurance” by L.D. Simmons and Lowndes Christopher Quinlan of McGuire Woods LLP. This excerpt from the chapter explores one of the most vexing issues in the application...

Oregon Adopts a Narrow Acceptance of Motor Vehicle Inherent Diminished Value Claims

We have all seen the CARFAX ads, a staple of televised sporting events. The wrecked car advertised as a car with new paint; the car caught in a hurricane advertised as a car with new upholstery; the car that sustained smoke damage advertised as one hot car. The message is clear. The potential buyer of...

Eight for ’08: Insurance Measures in Review

"Eight for '08" reviews in an in-depth and readable fashion key state and federal legislative efforts on insurance topics such as catastrophic loss, suitability, bad faith civil liability, health care reform and federal regulatory efforts. The commentary highlights common themes and provides...

In New York, Failing to Timely Notify an Insurer of a Claim or Occurrence May Not Always Permit an Insurer to Deny Coverage

Two recent decisions of the Supreme Court of New York, Appellate Division, First Department, may indicate a preference by that court to not deprive insureds of coverage based upon an alleged failure to timely notify an insurer of a potential claim. Last September, the court held in Matter of Ancillary...

In Hawaii, an Insurer can be Liable to a Non-Insured Party for Intentional Infliction of Emotional Distress if Its Claims Handling Process is “Outrageous!”

Plaintiffs’ counsel are always seeking new avenues from which to recover damages. In my last article, I discussed two recent New York rulings that permitted an insured to bring a breach of contract action seeking consequential damages against an insurer. Similarly, the Hawaii Supreme Court has...

Piracy on the High Seas – Where are Insurers Going with Kidnap and Ransom Insurance?

“ Don't be alarmed, we're taking over the ship .” The words of a Somalian pirate capturing another ship in the Gulf of Aden? Hardly. Those were the words of America’s favorite pirate, Jack Sparrow, as he prepared to commandeer the Interceptor. Of course, Walt Disney Productions...

A Call for Action: New Appleman Xtreme Blog Challenge

Brew some coffee. Stock up on the junk food. Forget about sleep. It’s time for the New Appleman Xtreme Blog Challenge. Beginning July 30, 2009, law students and junior attorneys are invited to enter the Challenge by submitting a blog for the LexisNexis Insurance Law Center about an insurance...