INSURING BUSINESSES INTERRUPTED BY TERRORIST ATTACKS
How does one begin to recover from the September 11, 2001 terrorist attacks on the World Trade Center (“WTC”)? After people have begun this seemingly impossible task in their personal...
RECENT DEVELOPMENTS IN INSURANCE BAD-FAITH LITIGATION
1. No “Comparative Bad Faith.” In Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390, 97 Cal.Rptr.2d 151, the California Supreme Court soundly rejected the idea that an...
PROVIDER COVERAGE DECISIONS AREN’T IMMUNE FROM PUNITIVE DAMAGES
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...
MEDICARE PREEMPTION: ERISA ALL OVER AGAIN?
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. These plans are...
PLAINTIFF’S STRATEGIES IN HMO LITIGATION
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. 1. THE HMO MODEL...
