Tag: Insurance
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Insurance & Casualty Litigation
UM Rejection Forms – Requirements & Duration
- March 15, 2017
- By Brent Carriere
Since UM coverage is presumed, nothing must be done if an insured wishes to have UM coverage matching liability limits. But, if the insured wishes to reject UM coverage, or select lower UM coverage, strict requirements must be met. If not, the presumption that UM coverage is provided remains. According to the UM statute, the rejection […]
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Employment Law & Litigation
Third Circuit’s Requirements for Adjusting Workers’ Compensation Claims in Louisiana
- March 13, 2017
- By Allen & Gooch
In the recent Third Circuit case, Broussard v. Dillards’ Department Stores, Inc., the Court issued a ruling that effects the manner in which all workers’ compensation insurers are required to handle workers’ compensation claims in Louisiana. — So. 3d —, (La App. 3 Cir. 02/15/17) 2017 WL 606769. The issue was brought before the Third […]
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Insurance & Casualty Litigation
Adjusting Uninsured/Underinsured Motorists Claims – Burden / Duties / Penalties
- January 23, 2017
- By Brent Carriere
UM Plaintiff’s Burden of Proof When making a UM claim, the claimant has the initial burden of proof. To satisfy this burden, he must produce “sufficient facts” to the UM insurer that: The adverse driver in the accident was uninsured or underinsured; The un/underinsured driver was at fault; Such fault gave rise to damages; […]
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Health Law
Suit Filed Against Feds Over CMS Risk Adjustment Formula
- September 12, 2016
- By Allen & Gooch
On July 29, 2016, Minuteman Health Inc. filed suit in Massachusetts against the federal government, naming, as defendants, the US Department of Health and Human Services, the Centers for Medicare and Medicaid Services (CMS) and the heads of both agencies. The suit alleges that the risk adjustment formula used to calculate which insurance companies have […]
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Professional Liability
FINRA Complaints – 5 Steps to Responding
- July 20, 2016
- By Allen & Gooch
5 Steps For Financial Professionals to Take When Facing FINRA Complaint With the rise of BrokerCheck, it is more important than ever that brokers and financial advisors maintain a clean record. Complaints by clients can show up on BrokerCheck and create a shadow on the financial professional’s integrity, making it significantly more difficult to market […]
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Insurance & Casualty Litigation
Invalid UM Selection Form May Supersede Previous Forms
- May 11, 2016
- By Allen & Gooch
A recently decided First Circuit Case has held that an insurer may not “pick and choose” which UM Selection Form to enforce. In the particular case, the insurer first argued that a 2009 UM Selection Form precluded recovery under a UM Policy. It was ultimately determined that issues of fact remained as to whether UM […]
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Insurance & Casualty Litigation
UM Rejection Forms – Little Traction Given to Consent Challenges by Insureds not Fluent in English
- April 27, 2016
- By Brent Carriere
Recently, in Ponce v. Welch, 15-669 (La. App. 5 Cir. 3/16/16) 2016 WL 107-8579, Louisiana’s Fifth Circuit Court of Appeal upheld summary judgment in favor of an insurance company by denying a UM rejection form challenge of an insured claiming she did not understand the UM rejection agreement because she was not fluent in English. […]
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Employment Law & Litigation
Bad Faith Claims in Mississippi Could Affect Other Jurisdictions
- March 30, 2016
- By Allen & Gooch
Mississippi Bad Faith Claims Can Affect Employers and Carriers in Other jurisdictions With companies operating in multiple states, navigating interstate laws has become increasingly tricky. This is especially true in the worker’s compensation arena where an employer can be sued for benefits in its state of operation, the state where the injury occurred, or the […]
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Insurance & Casualty Litigation
Drone Usage Integrated into Business Models
- March 16, 2016
- By Allen & Gooch
With the Notice of Proposed Rulemaking by the FAA for unmanned aircraft systems (UAS), more commonly known as drones, in February 2015, many industries are poised to integrate this technology into their business models. Media attention has focused on the entertaining notions of Amazon and pizza deliveries, but other industries, specifically the energy and insurance […]
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General Liability
Drone Regulations Up in the Air
- March 7, 2016
- By Allen & Gooch
Unmanned airships (UAS) also known as drones are rapidly becoming a part of our daily lives in both the recreational and commercial context. In March, 2015, the FAA recently relaxed regulations, allowing additional exemptions to commercial uses for drones. A party seeking commercial use can now more easily obtain a Section 333 exemption, which states […]