Articles

In recovery: Business-interruption insurance

By William Shernoff and Douglas M. Carasso

Business-interruption coverage is designed to protect a company's earnings when it cannot pursue normal operations because of physical loss or damage to the company's real or personal property. From Los Angeles Daily Journal.

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Insuring businesses interrupted by terrorist attacks

By William Shernoff and Douglas M. Carasso

How does one begin to recover from the September 11, 2001 terrorist attacks on the World Trade Center? After people have begun this seemingly impossible task in their personal lives, how do the many businesses located in the now decimated buildings recover? From the Los Angeles Daily Journal.

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Recent developments in insurance bad-faith litigation

By William M. Shernoff

In Kransco v. American Empire Surplus Lines the California Supreme Court soundly rejected the idea that an insurer could assert its insured's "comparative bad faith" as an affirmative defense in a bad-faith lawsuit by the insured. From Mealey's California Insurance Conference.

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Provider coverage decisions aren’t immune from punitive damages

By Michael J. Bidart & Douglas M. Carasso

Plaintiffs in medical malpractice actions are hindered from pursuing punitive damages against health-care practitioners by a roadblock firmly set by California law. But alternate routes to plead the same damages successfully against these practitioners are readily available in insurance-bad-faith cases. Here is how it works. From the Los Angeles Daily Journal.

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Medicare preemption: ERISA all over again?

By Michael J. Bidart & Jeffrey Isaac Ehrlich

Millions of Americans eligible for Medicare have enrolled in "Medicare + Choice" managed-care health plans.In California, 35 percent of Medicare enrollees have selected manage care plans. From Forum magazine.

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Plaintiff’s strategies in HMO litigation

By Michael J. Bidart and Ricardo Echeverria

Litigating managed care cases presents several challenges for plaintiff's lawyers. The following is a discussion of some highlights to keep in mind when prosecuting HMO cases. From the Washington State Trial Lawyers Association.

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The erosion of ERISA preemption of bad faith liability actions

By Michael J. Bidart & Ricardo Echeverria

An explanation of how ERISA impacts insurance bad faith lawsuits. From The Advocate.

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The cases we remember: “MGM Grand ‘Retroactive’ Insurance Case”

By William M. Shernoff

One of the most unforgettable lawsuits I experienced occurred when the MGM Grand Hotel sued a multitude of insurers and its insurance broker after the carriers refused to reimburse the hotel for claims it had settled as a result of the disastrous 1980 Las Vegas fire. From the Trial-Journal of the Association of Trial Lawyers of America.

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Arguing punitive damages in an HMO bad faith case

By Michael J. Bidart & Ricardo Echeverria

As with any HMO bad faith case, obtaining a favorable verdict that includes punitive damages will depend largely on the individual facts of each case.

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Litigating an HMO bad faith case from the plaintiff: Perspective and the lessons of Goodrich v. Aetna

By Michael J. Bidart & Ricardo Echeverria

Litigating HMO bad faith cases presents several challenges for trial lawyers. The following is a discussion of some highlights to keep in mind when prosecuting HMO bad faith cases as well as a discussion of the Goodrich case. From the Whitter Law Review.

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