Category Archives: Insurance

Third Circuit Ascertainability Requirement Satisfied in FDCPA Class Against Law Firm

Our prior blogs have discussed the Third Circuit’s “rigorous” ascertainability requirement for 23(b)(3) classes here and here. We have also explored how district courts in the Circuit, such as the Eastern District of Pennsylvania, have denied certification in reliance on that heightened standard. A recent E.D. Pa. opinion demonstrates that all is not lost for putative […].. To continue reading this legal news please click Read full information...

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Fall Health Wonk Review

Well, we got our first major ice-storm of the season last night (and continuing this morning), so it seems that Fall is, indeed, making itself known. And Lisa Lines is making her presence known, too, as she makes her Health Wonk Review hosting debut over at The Medical Care Blog.And a right nice job she does of it: with posts ranging from Open Enrollment to Big Pharma Phunnelling Funds, you're sure to find *something* to pique your interest!Original content copyright © InsureBlog.. To continue reading this legal news please click Read full information...

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Medicare’s Conditional Payment Recovery Process is Ramping Up:  What You Need to Know.

Last month, at the annual National Alliance of Medicare Set-Aside Professionals Annual Conference, Performant Financial (Performant), the current contractor for the Commercial Repayment Center (CRC), held a timely panel question and answer session.  You may recall that we recently blogged about how the current conditional payment recovery process continued to terrorize many non-group health plans.  Many of the frustrations associated with the current recovery process can be attributed to several different factors.  Particularly, as with all government contracts, there is always a transitional period from one contract to the next, and some of obstacles encountered by Performant are simply beyond its control. During the recent question and answer session, Performant discussed the backlog inherited from the former contractor, CGI, which resulted in delays and the required response timeframes not being adhered to.  In addressing the backlog, Performant also….. To continue reading this legal news please click Read full information...

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Massachusetts Appellate Court Reverses Finding that Injured Worker Was Not Entitled to Compensation for Continued Medical Treatment

One of the most challenging aspects of a workers’ compensation claim is determining when the injured worker requires continued medical treatment. If you are suffering from a painful and debilitating work-related condition, it is important that you receive the treatment and care that you deserve to make you as whole as possible. The dedicated team of Boston workers’ compensation lawyers at Pulgini & Norton are prepared to help you ensure that you receive the just outcome that you deserve. In a recent claim, the worker suffered an injury to his left shoulder and a second work-related injury that affected his back. His employer’s insurer paid benefits until the date that he experienced the second injury when it paid him a new set of benefits. The insurer terminated the second set of benefits a few months later raising many issues, including pre-existing injury and lack of occupational cause. The worker filed a claim for benefits for both injuries and the….. To continue reading this legal news please click Read full information...

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Georgia Court of Appeals Holds That Policyholder Can “Stack” the Limits of Each Primary Policy After Asbestos Claim

A Georgia Court of Appeals judge recently ruled that Scapa Dryer Fabrics was entitled to $17.4 million worth of primary coverage from National Union Fire Insurance Company of Pittsburgh, PA for claims of injurious exposure to Scapa’s asbestos-containing dryer felts. Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Scapa Dryer Fabrics, Inc., No. A18A1173, 2018 WL 5306693, at *1 (Ga. Ct. App. Oct. 26, 2018). Scapa sought coverage under five National Union policies issued from 1983–1987. The 1983, 1984 and 1985 National Union policies had limits of $1 million per occurrence and $1 million in the aggregate. The liability limits for the 1986 and 1987 renewal policies were amended by endorsement to $7.2 million. Scapa sought to recover the full $17.4 million from all five policies. National Union argued that a “Non-Cumulative Limits of Liability Endorsement” in the 1986 and 1987 policies limited Scapa’s recovery to only $7.2 million. Scapa sued….. To continue reading this legal news please click Read full information...

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