Insurance
-- Condominiums -- Assignment of claims -- Neither Declaration of Condominium
nor Articles of Incorporation prohibited Association from assigning potential
insurance claims for hurricane damage to former unit owners -- Trial court
erred in dismissing former unit owners' claims against insurer -- Trial court
did not abuse discretion in certifying unit owners as a class
RAMON
CASTELLANOS, ET AL., Appellants, vs. CITIZENS PROPERTY INSURANCE CORPORATION,
ET AL., Appellees. 3rd District.
Workers'
compensation -- Compensable accidents -- Fall on employer's premises -- Where
it was undisputed that claimant was actively engaged in work-related activity
at time of accident, and there were no competing causes of accidental injury,
claimant's work activity was de facto the major cause -- Judge of compensation
claims erred in finding that claimant failed to establish that work performed
within her employment caused her injury
VALERIE WALKER, Appellant, v.
BROADVIEW ASSISTED LIVING and CHARTIS CLAIMS, INC., Appellees. 1st District.
Criminal
Acts: SANDUSKY'S HOMEOWNERS POLICY DOESN'T COVER SEX-ABUSE DEFENSE COSTS,
INSURER SAYS, State Farm v. Sandusky, 22 No. 43 Westlaw Journal Insurance
Coverage 2, Westlaw Journal Insurance Coverage August 3, 2012 State Farm has
asked a federal court to rule that it has no obligation under Jerry Sandusky's
homeowners policy to cover defense costs in criminal and civil sex abuse suits
against the former Penn State assistant football coach. State Farm has provided
homeowners coverage to Sandusky and his wife since 1985, the insurer says in a
complaint filed in the U.S. District Court for the Middle District of
Pennsylvania. The policy, renewed annually, mainly covered the couple's
property
Expert
Testimony: EXPERT TESTIMONY ISN'T NEEDED TO SHOW BAD FAITH, 11TH CIRCUIT SAYS,
Tardiff v. Geico Indem. Co., 8 No. 7 Westlaw Journal Insurance Bad Faith 2,
Westlaw Journal Insurance Bad Faith August 7, 2012 The 11th U.S. Circuit Court
of Appeals has upheld the exclusion of an insurance consultant's expert testimony
from a suit against Geico Indemnity Co., finding that Florida juries do not
need experts to determine if an insurance company has acted in bad faith. The
three-judge panel said a layperson could "decide whether Geico acted in
bad faith without the assistance of expert testimony" in a case in which
Geico failed to settle a claim and exposed its clients to a $1.1 million
judgment.
Restraint of Trade: AETNA SUED FOR RESTRAINT
OF TRADE, Kerner v. Aetna Health Plans of Cal., 8 No. 7 Westlaw Journal Insurance
Bad Faith 11, Westlaw Journal Insurance Bad Faith August 7, 2012 A California
plastic surgeon has filed a class-action lawsuit alleging health insurance
giant Aetna bars doctors from participating in its plans if they refer patients
to out-of-network providers. Marc M. Kerner, who practices in Northridge, filed
the suit in the Los Angeles County Superior Court against Aetna Health Plans of
California Inc., Aetna U.S. Healthcare Inc. and their related companies. The
complaint alleges unfair competition in violation of Cal. Bus. & Prof. Code
17200
Contraception:
MISSOURI GOVERNOR VETOES BILL BANNING MANDATORY BIRTH CONTROL COVERAGE, 22 No.
43 Westlaw Journal Insurance Coverage 9, Westlaw Journal Insurance Coverage
August 3, 2012 Missouri's Democratic Gov. Jay Nixon vetoed legislation July 12
that would have expanded moral and religious exemptions from insurance policies
covering birth control. Drafted by Republican lawmakers, the bill stated that
Missouri employers and insurers should not be compelled to provide coverage for
abortion, contraception or sterilization if such medical procedures run
contrary to their "religious beliefs or moral convictions." SB 749
Health
Care Reform (Contraception): FEDERAL JUDGE TOSSES STATES' CHALLENGE TO OBAMA
CONTRACEPTION RULE, State v. U.S. Dep't of Health & Human Servs., 22 No. 43
Westlaw Journal Insurance Coverage 10, Westlaw Journal Insurance Coverage
August 3, 2012 A federal judge has dismissed a lawsuit by seven attorneys
general who sought to block a rule from the Obama administration's new health
care reform law that requires employers to provide contraception coverage for
workers. Nebraska Attorney General Jon Bruning sued on behalf of six other
states, three Catholic nonprofit institutions and two Catholic individuals,
alleging the rule violates the rights of employers and religious organizations
that oppose the use of contraceptives
Reproductive
Rights: PLANNED PARENTHOOD SUES ARIZONA OVER MEDICAID DEFUNDING LAW, Planned
Parenthood Ariz. v. Betlach, 22 No. 43 Westlaw Journal Insurance Coverage 11,
Westlaw Journal Insurance Coverage August 3, 2012 Planned Parenthood and three
of its patients have sued the state of Arizona in a bid to overturn a law that
bans family planning organizations that perform abortions from participating in
Arizona's Medicaid program and from receiving public funds. The law, signed by
Republican Gov. Jan Brewer in May, applies to any health care provider that is
eligible for federal funding under a Medicaid regulation, 42 U.S.C. 1396d(1)(2)(B).
Scheduled to take effect Aug. 2, HB 2800 excludes cases
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