Category Archives: Insurance

Opening the Pandora’s Box of Flood Policies, or How Filing Suit Against Flood Insurers Can Effectively Reduce the Suit Limitations Period

When is an insurer’s “Rejection of Proof of Loss” letter for flood insurance damage, which states on its face that it “is not a denial of your claim,” nevertheless a written denial of claim? According to the Third Circuit in Migliaro v. Fidelity National Indemnity Ins. Co., No. 17-1434 (3d Cir. Jan. 29, 2018), the […].. To continue reading this legal news please click Read full information...

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Private Equity Insurance

The insurance market for financial institution D&O has been tightening due to large corporate failures and resulting D&O losses, and this has impacted the market for D&O (directors & officers) and GPL (general partnership liability) insurance coverage for private equity & venture capital groups. Their unique insurance needs present underwriters with a range of exposures. A a series of articles from law firm Debevoise & Plimpton highlights both the changing environment and coverage challenges private equity and venture capital firms….. To continue reading this legal news please click Read full information...

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Post-Valentine's Health Wonk Review

Steve Anderson hosts this month's eclectic collection of health care wonkery, with a decidedly Olympian effort.Do check it out!Original content copyright © InsureBlog.. To continue reading this legal news please click Read full information...

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Too Fast and Furious: Ninth Circuit Unwinds Hyundai and Kia Nationwide Class Action Settlement

In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule 23(b)(3). In 2012 Hyundai and Kia were accused of overstating their fuel efficiency estimates in advertisements and car window stickers for […].. To continue reading this legal news please click Read full information...

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Boston SSI Appeals Involving Residual Functioning Capacity

When a claimant applies for Social Security Disability Insurance (SSDI) benefits in Massachusetts, the U.S. Social Security Administration (SSA) will only approve an application if they are convinced claimant is eligible for SSDI benefits by having paid into the system through enough years of working and has subsequently become disabled. Disabled means unable to engage in substantial gainful activity, which is defined as one’s ability to earn more than approximately $1,120 in any given month.  SSA will look at all medical evidence and opinion statements, or testimony should there be a hearing before an administrative law judge (ALJ), to determine a claimant’s residual functioning capacity. Residual Functioning Capacity in Boston Social Security Disability Claims A claimant’s residual functioning capacity or “RFC” as it is often called by ALJs and Boston disability attorneys, is one’s ability to work despite having one or more serious….. To continue reading this legal news please click Read full information...

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