Rep. George Holding, R-N.C., announced Thursday that he has introduced a bill to increase potential criminal penalties for identify theft by government officials and others tasked with aiding Affordable Care Act implementation, saying inadequate background screening and weak website security necessitated the legislation.
Nelson Levine de Luca & Hamilton LLC has snagged a former top insurance executive from Prudential Financial Inc. for its regulatory team in New York, the firm said Wednesday.
The Texas Department of Insurance on Wednesday proposed rules subjecting individuals who provide public outreach and advice about the Affordable Care Act to criminal and financial screenings and prohibiting them from dispensing advice on specific insurance plans, the latest state to brand federal standards covering the so-called navigators inadequate.
Plaintiffs challenging Pennsylvania’s ban on same-sex marriage said Monday that a bid by Gov. Tom Corbett’s administration for an interlocutory appeal to the Third Circuit to determine whether claims in the lawsuit fell under federal jurisdiction would create needlessly delay.
A group of small-business owners and individuals on Tuesday urged a Washington, D.C., federal judge to block an Internal Revenue Service rule that they allege unlawfully expands insurance subsidies and related penalties under the Affordable Care Act, saying the statute clearly limits the scope of allowed subsidies.
The University of Notre Dame on Tuesday took a second crack at the Affordable Care Act’s contraception mandate, reiterating its claim that the rule is an unlawful government intrusion into the school’s freedom to practice religion.
Gov. Tom Corbett’s administration argued Monday that a lawsuit brought by a suburban Philadelphia couple challenging the constitutionality of Pennsylvania’s ban on same-sex marriage was barred by principles of sovereign immunity.
Both critics and supporters of financial reform say problems with the Financial Stability Oversight Council's construction have caused it to fall short of providing the market oversight and protection that is needed in order to prevent a future financial crisis.
The New Jersey Assembly's deputy speaker last week introduced a bill to help the construction industry secure insurance for property damage and injuries from faulty work, citing disagreements among courts on whether liability policies covers such losses.
A suburban Philadelphia court clerk told the Pennsylvania Supreme Court on Monday that a September decision ordering him to stop issuing marriage licenses to same-sex couples in defiance of state law would require him to violate his oath of office to uphold the U.S. Constitution.
The Internal Revenue Service on Friday published final rules clarifying what health insurers and plans will be subject to a new annual fee established by the Affordable Care Act, clearing up that it will not be applied to stop-loss coverage.
Free-market groups on Monday urged banking regulators to create a path for surplus lines insurers to provide flood coverage on mortgaged property and to set up protections against flood policies that offer little or no coverage.
The Federal Housing Finance Agency on Monday announced the completion of a major revision to guidelines outlining the minimum requirements for private mortgage insurance policies, aiming to provide stronger protections for policyholders and make claims processing more efficient.
The U.S. Supreme Court on Monday refused to take up a Virginia-based Christian university’s appeal of the Affordable Care Act's so-called employer mandate that sought to overturn a Fourth Circuit decision holding the government’s penalty fee for ACA nonparticipation is constitutional.
While three Kemper Corp. life insurers have the odds in their favor in recent lawsuits against California, Florida, Illinois and Pennsylvania over whether carriers must proactively search a federal death database to pay out benefits, victories in those cases could wind up only escalating the movement toward making searches mandatory, attorneys say.
Pennsylvania Gov. Tom Corbett asked a federal court Monday to dismiss a lawsuit challenging the state’s refusal to recognize same-sex marriages that were legally performed in other states, saying the suit is barred by sovereign immunity and fails to state a claim.
The Council of the European Union on Wednesday released details of a compromise with the European Parliament that will allow reforms to Europe's insurance regulatory regime to go forward in 2016, introducing amendments that may be bad news for U.S. and Canadian reinsurers.
The Obama administration on Wednesday delayed online enrollment by one year for small businesses using the Affordable Care Act's federal marketplace, a casualty of prioritizing repairs to the website's functions for individuals.
The fate of the Affordable Care Act’s contraception mandate now rests with the U.S. Supreme Court, but access to birth control could end up a mere subplot if the justices hand down a sweeping decision recognizing corporate religious rights, something that could weaken federal laws and build on the landmark Citizens United decision, experts say.
The Internal Revenue Service on Tuesday revealed a final regulation requiring individuals who receive at least $600 in mortgage insurance premiums from any given mortgage over a calendar year to file a return on that money.
State appellate courts provided sweeping decisions in 2013 affecting coverage rights under a variety of insurance policies. Practitioners can learn from K&L Homes Inc. v. American Family Mutual Insurance Co. and Capstone Building Corp. v. American Motorists Insurance Co., to name just two, say attorneys with Kilpatrick Townsend & Stockton LLP.
A Georgia federal court recently ruled in Metro Brokers Inc. v. Transportation Insurance Co. that an all-risk insurance policy did not provide coverage for online fraudulent withdrawals from the company’s bank account. This decision offers guidance as to how a court may treat a policyholder’s claim under a traditional all-risk policy and the effect of broad computer fraud exclusions, says James Kitces at Robins Kaplan Miller & Ciresi LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
If, as a recent Florida district court decision makes clear, other policyholders’ claim files are discoverable because they are relevant to the question whether an insurance carrier engaged in a pattern of bad-faith claim denial, why wouldn’t claim files be discoverable when they are relevant to other questions in coverage cases? The honest answer is — they should be, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.
Two line items — overhead and profit — in roof replacement insurance claims are causing considerable debate in Texas, as neither Texas law nor the Texas Department of Insurance has provided determinative guidance. Use competitive roof replacement bids submitted by reputable roofing contractors, rather than estimates generated by computer software, to determine the appropriate claim measure, says Todd Tippett of Zelle Hofmann Voelbel & Mason LLP.
The flagship federal website HealthCare.gov has reportedly been subject to 16 potential website breaches. However, HealthCare.gov is only one piece of the website and data network designed to facilitate health plan enrollment under the Affordable Care Act. And, as it turns out, the state-level exchanges may be of greater concern, say David Tolley and Timothy McCrystal of Ropes & Gray LLP.
Even if the European economic recovery remains constrained, the global real asset rotation and navigation of the commercial real estate debt gap should continue to propel real estate investment up the risk curve in 2014. The growing participation of larger institutional players also signals larger deals in core markets, says Eric Rosedale, co-chairman of Dentons real estate group in Europe.
In the last few months, California courts have issued several decisions concerning the scope of an insurer’s duty to defend its insured. These decisions address the circumstances under which a duty to defend exists, the commencement of the duty, the obligation to provide independent Cumis counsel and the insurer’s right to reimbursement of amounts paid, says Jose Umbert at Zelle Hoffmann Voelbel& Mason LLP.
Recently, the Federal Deposit Insurance Corporation advised regulated financial institutions to be wary of “an increase in exclusionary terms or provisions” in insurance policies covering directors and officers liability. While this advice was directed to financial institutions regulated by the FDIC, much of it is good advice to follow for all corporations and their boards of directors, say Brian Scarbrough and Daniel Johnson of Jenner & Block.
At the St. Petersburg summit in September, the G20 leaders drove forward the initiative for a global model of automatic exchange of tax information. While this could be an efficient tool to fight tax evasion, the proposed reporting obligations could impose significant costs on multinational enterprises, in particular financial institutions, says Johannes Frey of Skadden Arps Slate Meagher & Flom LLP.