Amicus Update

Article Taken From: NASP The Florida Bar Board of Governors unanimously approved a recommendation to amend the Rules of Professional Conduct 4-1.5, titled fees and costs for legal services.  The proposal would allow a personal injury attorney hired on a contingency fee basis to seek a
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Social media helps insurers manage underwriting, claims and risks in real-time

Article Written By: Bill Kenealy Taken From: Business Insurance Social media networks provide a rich source of data insurers can use to improve a variety of operational processes, but it will take time for insurers to fully utilize the data, experts say. Karlyn Carnahan, principal at
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New York Assembly Bill 7828 (Companion Senate Bill 5715)

Article Taken From: The National Association of Subrogation Professionals AMICUS Updates As you may recall, New York introduced a bill which would close perceived loopholes which allowed a fully insured ERISA plan to pursue subrogation or reimbursement. New York General Obligations 5-
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Arkansas Certifies Class of Insureds Claiming They Were Not Made Whole

Taken From:  The National Association of Subrogation Professionals AMICUS Updates June 19, 2013  Arkansas is becoming an extremely difficult state for a carrier to pursue subrogation rights or a right to reimbursement of any kind.  Recently, a federal court in Arkansas granted class a
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Multiple States Continue to Target Self-Insurance

Taken From: Self-Insurance Institute of America, INC.   June 17, 2013 – It continues to be a busy legislative season at the state level with several important developments affecting companies involved in the self-insurance marketplace. Provided below is an update for the week of
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TEXAS PASSES BILL LIMITING SUBROGATION

 Governor Rick Perry signed Texas House Bill 1869 on May 25, 2013.  During the legislative process, the bill was amended to limit the severity to subrogation carriers.  Nonetheless, the bill, which takes effect January 1, 2014, affects the contractual subrogation rights of certain hea
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Maine Amends Anti Subrogation Bill

 As you may recall, Maine recently introduced a bill, Maine Legislative Document 756, which attempted to eliminate Med Pay subrogation claims.  This bill was recently amended to allow for the limited pursuit of subrogation claims.  The new language would allow the casualty insurance p
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Scheduled to be voted on the floor of the House THIS WEEK — Saturday, May 4

 This is the “Anti-Subrogation” bill, and it would legislatively limit a Plan’s contractual right to be reimbursed for medical care if the member/patient received less than a full recovery from a third party who might have liability. Based upon the outcome of persona
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Supreme Court Forbids Rewrite Of ERISA Plan

The supremacy of a written ERISA -governed plan still reigns as the U.S. Supreme Court reversed the ruling of an appellate court which had held that a court in equity can ignore unambiguous subrogation reimbursement language, and simply rewrite the terms of an ERISA-governed plan in l
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Defining Equitable Relief and Plan Terms

While it may seem boring to those who don’t deal with benefit plans on a daily basis, the Supreme Court’s recent decision in US Airways, Inc. v. McCutchen is somewhat important.  The issues litigated in that case were whether two equitable defenses applied in the context o
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