Saturday, August 11, 2012

Insurance, restraint of trade, restraint of reproductive rights and fresh rosemary bread with mango chive and cucumber chutney

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 classRAMON 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 injuryVALERIE 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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