Wednesday, October 7, 2009

new regs on breast cancer treatment, e-records and chocolate covered espresso beans

Florida Insurance - General - State Bill Tracking
2010 Florida Senate Bill No. 190 112th Regular Session (SUMMARY - NETSCAN)
Breast Cancer Treatment; Includes lymph node dissections under provisions prescribing the length of hospital stay relating to a mastectomy and the outpatient postsurgical followup care that specified health insurers and health maintenance organizations must cover, etc. EFFECTIVE DATE: 07/01/2010
2010 FL S.B. 190 (NS)

Florida Insurance - General - State Regulation Tracking
Proposed Rules October 02, 2009
The proposed rule amendment resolves the problem of paper document processing by requiring all material filed with the Department relating to a Section 624.155, F.S. civil remedy action be filed electronically. The civil remedy notice is already required to be filed electronically. This amendment requires the insurer's report of disposition and other communications, which parties wish to submit, to likewise be filed electronically.
2009 FL REG TEXT 185997 (NS)


Health Insurance: N.J. FEDERAL JUDGE WON'T DISMISS SUIT OVER RISING PREMIUMS, Clark v. Prudential Ins. Co., 5 No. 11 Andrews Insurance Bad Faith Litig. Rep. 1, Andrews Insurance Bad Faith Litigation Reporter October 6, 2009
A federal judge in New Jersey has refused to dismiss a bad-faith claim filed by a woman whose health insurance premiums soared to more than $50,000 a year after the insurer closed the risk pool on her policy. By "blocking" or closing the insurance product to new customers, the insurer knew it was creating a rising cost spiral that would prevent existing policyholders from maintaining their policies and reaping their benefits, U.S. District Judge Dickinson R. Debevoise said.

Health Insurance (Rescission): MULTIMILLION-DOLLAR VERDICT UPHELD FOR BAD-FAITH RESCISSION, Mitchell v. Fortis Ins. Co., 5 No. 11 Andrews Insurance Bad Faith Litig. Rep. 2, Andrews Insurance Bad Faith Litigation Reporter October 6, 2009
The South Carolina Supreme Court has upheld a multimillion-dollar bad-faith verdict against an insurance company that rescinded the medical coverage of an HIV-positive teenager. Writing for the court, Chief Justice Hoefer Toal said Fortis Insurance Co. spent only a few minutes reviewing the case file before rescinding the policy based on a date entered in error by a physician's assistant.According to the opinion, 17-year-old Jerome Mitchell applied for health insurance through Fortis.

Hurricane Katrina: KATRINA DAMAGE CLAIMS SURVIVE DISMISSAL, Ross v. Republic Fire & Cas. Ins. Co., 5 No. 11 Andrews Insurance Bad Faith Litig. Rep. 3, Andrews Insurance Bad Faith Litigation Reporter October 6, 2009
A Louisiana federal judge has refused to dismiss coverage and bad-faith claims involving damage caused by Hurricane Katrina, finding questions about causation and giving the plaintiff homeowner time to amend his complaint to cure deficiencies. U.S. District Judge Ivan L.R. Lemelle of the Eastern District of Louisiana said the insurer was asking the court to rule on causation, an improper request at this stage of the case.

Legal Malpractice: INSURER LOSES BID TO KEEP SOME DOCUMENTS SECRET, In re Prof'ls Direct Ins. Co., 5 No. 11 Andrews Insurance Bad Faith Litig. Rep. 4, Andrews Insurance Bad Faith Litigation Reporter October 6, 2009
The 6th U.S. Circuit Court of Appeals has refused to vacate an order requiring an insurance company sued for bad faith to produce documents it claims are privileged and subject to the work product doctrine. The work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel.According to the opinion, Ohio law firm Wiles, Boyle, Burkholder & Bringardner specialized in insurance defense.

Long-Term-Care Insurance: NO BAD FAITH IN LTC INSURER'S PRICING SCHEME, 8TH CIRCUIT SAYS, Rakes v. Life Investors Ins. Co., 5 No. 11 Andrews Insurance Bad Faith Litig. Rep. 5, Andrews Insurance Bad Faith Litigation Reporter October 6, 2009
The 8th Circuit has affirmed summary judgment for an insurance company that was accused of underpricing the long-term-care policies it sold to young, healthy buyers, only to raise rates to unaffordable levels when those policyholders became old and frail. The 8th U.S. Circuit Court of Appeals found that the policies and marketing language warned buyers that rates could increase.According to the opinion, plaintiffs Robert Rakes and Robert Hollander purchased LTC insurance from Life Investors Ins.

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