DISCOVER THE KEY TO HMO BAD-FAITH CASES
Plaintiff lawyers must have a sound approach to discovery in order to effectively litigate bad-faith cases against health-maintenance organizations (HMOs).Discovery will establish whether there was a critical delay in authorization,...
PUNITIVE DAMAGES IN INSURANCE BAD-FAITH CASES AFTER STATE FARM V. CAMPBELL
Despite what you may have heard, the United States Supreme Court’s recent decision in State Farm Mutual Automobile Insurance Company v. Campbell, __ U.S. __, 2003 WL 1791206, is not the...
PUNISHING PATTERNS OF MISCONDUCT
In TXO Production Corp. v. Alliance, the United States Supreme Court approved a punitive damage ratio of 526 to 1 for a pattern of misconduct. The jury found that TXO engaged...
SICKLY ABODES: AS MOLD CONTINUES TO SPREAD, HOMEOWNERS SHOULD KNOW FUNGUS IS NOT ALWAYS COVERED
It is a situation that has become all too common in recent years. A homeowner experiences water damage to his or her home. Fortunately, the homeowner has insurance, so the...
IN RECOVERY: BUSINESS-INTERRUPTION INSURANCE
After the attacks on the World Trade Center, businesses located in the buildings will attempt the seemingly impossible task of recovering. Insurance is a good way to start, including business-interruption...