Menu

Medicare and Medicaid Billing Errors Do Not Involve Professional Services Under Healthcare Professional Liability Policies

February 2023 | Category: Articles and Presentations

Applying Iowa law, the 8th Circuit Court of Appeals held that a dispute over Medicare and Medicaid billing errors does not involve professional services as that term was defined under the healthcare professional liability policies.  DeWall v. Med. Protective Co., 22-1952, 2023 WL 1790697 (8th Cir. February 7, 2023).

Read Article

Marine Insurance Policy Does Not Insure Losses During the COVID-19 Pandemic

February 2023 | Category: Articles and Presentations

The Connecticut Supreme Court recently held that, under New York law, a marine insurance policy did not afford coverage for the lost value of the insured’s excess shoe inventory sustained as a result of its retail customers cancelling their orders due to the COVID-19 pandemic.  Hartford Fire Ins. Co. v. Moda, LLC, SC 20678, 2023 WL 1087510 (Jan. 27, 2023). 

Read Article

Court Rejects Maritime Insurer’s Late Notice Defense

October 2022 | Category: Articles and Presentations

In a maritime insurance coverage dispute involving late notice to the insurer, a federal district court in Louisiana recently denied an insurer’s motion for summary judgment notwithstanding its findings that the insureds unreasonably delayed in reporting the loss and the insurer established actual prejudice resulting from the insureds’ unreasonable delay. Champagne v. M/V Uncle John, et al., No. 21-476, 2022 WL 6742007 (E.D. LA October 11, 2022).

Read Article

Washington Supreme Court Allows Recovery of Extraordinary Damages for “Negligent Reproductive Healthcare”

September 2022 | Category: Articles and Presentations

Have parents sustained compensable damages if they have an unplanned child as a result of a physician’s failure to meet the standard of care when providing contraceptive care? What if the child is born with disabilities that were not caused by the physician’s care? Is the physician liable for the extraordinary medical costs necessitated by the child’s condition? May the parents recover for emotional distress arising from raising a child with disabilities? The Washington Supreme Court recently answered these questions in the affirmative in Pacheco v. U.S., 515 P.3d 510 (2022).

Read Article