Blog Posts in July, 2018

  • Second Circuit Holds Insurance Companies Had Duty to Defend in Wrongful Death Lawsuit

    Second circuit reverses decision in coverage dispute over construction site fatality A lawsuit from 2014 alleges that Hellman Electric Corporation, the Metropolitan Transportation Authority, and the Triborough Bridge and Tunnel Authority negligently caused the death of Nicholas Cavataio when a 2,700-pound battery struck him at a construction site. Cavataio was an employee of Hellman at the time of ...
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  • Don't Mess with Texas Medicaid

    Texas Reaches $15.2M Settlement with Fraudulent Medicaid Providers Texas Attorney General Ken Paxton announced on May 30, 2018 that the state of Texas reached settlements totaling $15.2 million with a group of Dallas-Fort Worth area Medicaid rehabilitation therapy providers that were accused of making false statements and conspiring to avoid repaying unauthorized Medicaid benefits. Background ...
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  • 4th Circuit Voids "Other Insurance" Clause in Yacht Crash Coverage Dispute

    Beware of state statutory language that can shift liability In a recent decision, Nat’l Liab. & Fire Ins. Co. v. State Farm Fire & Cas. Ins. Co. , No. 17-1969 (4th Cir. May 31, 2018), the 4th Circuit Court of Appeals ruled that an insurance company could not use an “other insurance” clause in its personal injury policy to shift all liability stemming from a yacht accident to a fellow insurer. ...
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  • HHS $2B Healthcare Fraud Takedown

    The Department of Justice is taking on “the most defendants ever charged in health care fraud” as the nationwide opioid crisis continues. Almost 200 doctors and 220 other medical professionals have been charged with opioid-related crimes since January 2017. According to Attorney General, Jeff Sessions, “this is the most doctors and the most medical personnel, and the most fraud that the Department ...
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  • Ace in the Hole: Insurer Escapes $105.7M Judgment

    Last year, in Great Am. Ins. Co. v. Hamel , 525 S.W.3d 655 (Tex. 2017), the Texas Supreme Court decided that a judgment rendered against an insurance company’s policyholder in an underlying action was unenforceable against the insurance company because the judgment was not the product of a fully adversarial proceeding. In what may be the first federal use of the Hamel decision, a Texas federal ...
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