Church’s word, without evidence, does not support a breach of faith in Texas
11/17/23
By: Lorne G. Hiller, Katherine E. Morsman, and Marc J. Shrake
A Texas federal court did not take a church at its word that an insurer acted in bad faith, rejecting the church’s unsupported argument that the carrier …
CMS issues proposed rule setting minimum staffing standards for long-term care facilities
11/15/23
By: Michael Griffin and Alexandra F. Held
On September 6, 2023, the U.S. Department of Health and Human Services, through the Centers for Medicare & Medicaid Services (CMS), issued a proposed rule that, for the first time, would establish minimum …
Georgia farmer cannot dig his way out of failure to obtain UM coverage
11/14/23
By: Lee D. Whatling and Philip W. Savrin
Is uninsured/underinsured motorist (“UM”) coverage imputed to one injured on a tractor that was not specifically scheduled on the policy and that was operating on a public road when it was struck …
Ohio’s Second District holds disclosure of claims valuation to be “grossly prejudicial”
11/14/23
By: Doug Holthus and William A. Hadikusumo
The Ohio Second District Court of Appeals recently overturned a trial court’s prior discovery order which had directed that State Farm disclose certain contents of its claim file.
The underlying matter involved both …
11/7/23
By: Kevin M. Ringel and Kevin G. Kenneally
On December 1, 2023, amendments to the Federal Rules of Evidence will take effect to clarify the standard for admission of expert testimony. The Advisory Committee on Evidence Rules determined amendments to …
11/7/23
By: Alexia R. Roney
Insurance policies contain “other insurance” clauses to establish the priority of coverage. Generally, these clauses boil down to “you first” where more than one policy provides coverage for the same incident. “Other insurance” clauses have evolved …
11/6/23
North River Insurance Company v. Leifer, No. 22-1009, 2023 WL 2978970 (2d Cir. Apr. 18, 2023) involved an insurance coverage dispute between The North River Insurance Company (“NRIC”) and Max D. Leifer and the Law Offices …
11/2/23
By: P. Betty Su
A recent decision by the U.S. District Court for the Central District of California illustrates how a choice-of-law decision by the court can sometimes make or break an insurance coverage case.
In North River Ins. Co. …
10/31/23
By: Shane Miller
Recently in Stouffer v. Union Railroad Company, LLC, No. 22-1680, (3d Cir. Oct. 26, 2023), the Third Circuit Court of Appeals issued a precedential decision that serves as a useful reminder about the importance of statistical …
10/24/23
By: Katherine Chenail and Jennifer L. Markowski
The Massachusetts Legislature recently amended the Massachusetts Paid Family and Medical Leave Program, M.G.L. c. 175M, affecting employees’ ability to utilize paid leave, including sick time, vacation, paid time off, and personal time, …
California Supreme Court ruling expands the scope of potential defendants under FEHA
10/23/23
By: Tyler J. Jacobs and Daniel Parker Jett
The California Supreme Court recently issued a ruling in Raines v. U.S. Healthworks Medical Group, 15 Cal.5th 268, 312 Cal.Rptr.3d 301 (Aug. 21, 2023), which resulted in substantial legal implications on business …
10/17/23
By: Cameron Regnery and Scott Eric Anderson
The “Apex Doctrine” is a legal principal aimed at protecting top executives and government officials from having to sit for a deposition in certain situations. The Doctrine recognizes that the burden …