LexisNexis® Legal Newsroom
Californians with Pre-Existing Conditions to Benefit from New High Risk Health Insurance Pool Approved by Legislature and Schwarzenegger

The California legislature has approved the passage of SB 227 , sponsored by Senator Elaine Alquist, and AB 1887 , sponsored by Assemblymember Mike Villines, that expands affordable health coverage to uninsured Californians with pre-existing medical conditions by creating the Federal Temporary High Risk...

MO: Tort Victims Receive $2.4M From Compensation Fund For Unpaid Claims

Jefferson City, MO (CompNewsNetwork) - The Missouri Labor Department’s Division of Workers’ Compensation issued over $2.45 million from the Tort Victims’ Compensation Fund to 32 Missourians who filed claims in 2009. The Tort Victims’ Compensation Fund was created by the General...

Spotlight on Health Care Reform - House Votes To Repeal Patient Protection and Affordable Care Act

WASHINGTON, D.C. -- The U.S. House of Representatives voted Jan. 19 245-189 to repeal the Patient Protection and Affordable Care Act (PPACA). Debate on H.R. 2 -- "Repealing the Job-Killing Health Care Act" -- began Tuesday. The evening vote passed mostly along party lines, with only three...

Government Urges Appeals Court To Uphold Health Care Law

WASHINGTON, D.C. - (AP) The Obama administration said Wednesday that health care reforms should be upheld in the courts because the costs of the uninsured are a burden on interstate commerce. In arguments filed in a federal appeals court in Atlanta, the government said the new law provided a comprehensive...

Larson’s Spotlight on Recent Cases: Injured Worker May Not Pursue Double Recovery Against Uninsured Employer

Larson's Spotlight on Election of Remedy, Exclusive Remedy, Withdrawal From Workforce, and Deviation From Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the...

Workers' Comp Fraud Blotter (6/14/2012) – NASCAR Sprint Cup Team Fined For Failing To Maintain Workers’ Compensation Insurance

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal, No. SC 91834, 2012 Mo Lexis 109 (June 12, 2012) ....

Workers' Comp Fraud Blotter (6/21/2012) – This Friendly Bar Might Be Toby Keith’s Kind of Place

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Workers' Comp Fraud Blotter (6/28/2012) – Comment By Dad Leads To Painter’s Conviction For Double Dipping

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Owner May Sue Negligent Tenant for Uninsured Loss: Suit Against Tenant Not Subrogation

Almost every commercial lease of multi-unit structures contain waivers of subrogation or an agreement that the building owner’s fire insurance is purchased for the benefit of both the owner and the tenants. Since it is improper for an insurer to sue its own insured courts across the country have...

Wall Of Confusion: GEICO General Insurance Company v. Bottini And Its Ill-Begotten Progeny

By Julius F. "Rick" Parker III A three-judge panel of Florida's Second District Court of Appeal has released what, on its face, appears to be a relatively innocuous opinion in Geico General Insurance Company v. Bottini.1 The Bottini appeal arose as a result of Geico's appeal of a...

Underinsured Motorist Not Effected by Governmental Liability Cap – Underinsured Motorist Coverage Is to Assure Insurance Coverage

This case arises from a collision between a vehicle driven by Barry Hunt and a snow plow owned by Dane County. Wisconsin and operated by a county employee. Barry Hunt and his wife, Ashley Hunt, had a motor vehicle liability policy with State Farm Mutual Insurance Co. at the time of the collision. The...

Dentons on The Puzzle of Determining Damages in Florida UM/UIM Bad Faith Actions

By William T. Barker, Partner, Dentons US LLP A unusual Florida statute provides that damages for bad faith handling of an uninsured or underinsured motorist claim include "the total amount of the claimant's damages, including the amount in excess of the policy limits." In the context...

automobile accident

The Coverage Action 'Fixed' Bad-Faith Damages: Are The Total Damages Binding?

By Hudson Jones I. Introduction Florida state and federal courts struggle with excess damage verdicts in first-party bad-faith actions arising out of uninsured motorist/underinsured motorist (UM) coverage. Recent case decisions produce mixed results for insurers. But mention UM coverage, bad faith, and...

Recovery from General Liability Carrier Held to Reduce Underinsured Motorist Coverage and to Eliminate Any Obligation on the Part of the Injured Party’s Automobile Carrier

Elliott v. Geico Indem. Co. , 231 Cal. App. 4th 789 (2014), [ enhanced version available to lexis.com subscribers ]. In Elliott , the California Court of Appeal affirmed the trial court’s ruling that a carrier’s underinsured motorist coverage must be reduced not only by payments by...

Pennsylvania: Restaurant Franchisor Not Responsible for Comp Benefits of Uninsured Franchisee’s Injured Worker

As is the situation in many other states, where a Pennsylvania firm subcontracts a regular or recurrent part of its business to another, the firm is liable for workers’ compensation benefits to the subcontractor’s employees if that subcontractor is uninsured [see 77 Pa. Cons. Stat. §...