Bulletins

Bulletin No. Date Topic
2015-2  April 22, 2015 Perils Of The Affordable Care Act – Health Insurer May Be Liable For Coverage Denial Delaying Treatment For Pre-Existing Conditio
2015-1 March 26, 2015 Preferred Provider Claims Under Texas Prompt Payment Act Survive ERISA Preemption Challenge
 2014-3  August 26, 2014 Federal Court Grants Summary Judgment To Insurer Based On Untimely Proof Of Disability
2014-2 June 11, 2014 Federal Court Dismisses Amended Complaint Because  Plaintiff Who Filed The Complaint Lacked Standing
 2014-1 March 12, 2014 Life Insurance Policy Beneficiary Cannot Assert Bad Faith Claim Under Virginia Code Annotated § 38.2-20
2013-2 May 24, 2013

Plaintiff “John Doe” Ordered To Pursue Disability Claim In Real Name

2013-1 April 9, 2013

Negligence Claims Arising From Terminated Pension Plan Are Preempted By ERISA And Subject To Removal

2012-2 February 27, 2012 Maryland’s Highest Court Affirms Geographic Underwriting Restriction Limiting Catastrophic Hurricane Risk
2012-1 February 10, 2012 Insurance Commissioner Rules Agent Lacks Standing to Request Hearing on Life Insurance Policy Owned by Insurance Trust
2011-2 October 17, 2011 Court Rejects Private Right of Action under HIPAA
2011-1 January 25, 2011 Denial Of Receipt Of A Policy Notice Is Insufficient To Rebut The Presumption Of Receipt By Mail
2010-2 December 10, 2010 Petition For Judicial Review Must Be Filed Within Thirty Days After Mailing, Not Receipt, Of Commissioner’s Order
2010-1 November 1, 2010 The Duty of Good Faith and Fair Dealing Does Not Obligate an Insurer to Complete a Blank Check to Avoid a Lapse in Life Insurance Coverage
2009-1 May 9, 2009 Insurance Commissioner Rules Insured Lacks Standing to Request Hearing Concerning Life Insurance Policy Owned by Trust
2008-7 November 7, 2008 Insurance Commissioner Determines Complaint is Barred by Laches
2008-6 September 12, 2008 Court Rules People’s Insurance Counsel Lacks Statutory Authority to Seek Judicial Review
2008-5 August 27, 2008 Insurance Commissioner Dismisses Complaint Based on Administrative Collateral Estoppel
2008-4 July 7, 2008 Insurance Commissioner Holds Compliance With Industry Practice Is Safe Harbor Under Insurance Article
2008-3 May 7, 2008 Court Holds Claims Arising Out Of Insurer’s Termination Of Agent Agreement Are Subject To Binding Arbitration
2008-2 March 4, 2008 Annuity Withdrawal Does Not Require Co-Owner’s Consent
2008-1 February 11, 2008 Insurance Commissioner Determines Geographic Restriction on New Homeowners Business Complies with Maryland Law
2007-9 October 22, 2007 Third Circuit Rules Insurer Statements Were Not Proximate Cause of Lapse of Life Insurance Policy
2007-8 October 5, 2007 Court Holds Contacting Decedent’s Physicians To Authenticate And Confirm Contents Of Medical Records Is Not HIPAA Violation
2007-7 June 15, 2007 Maryland Insurance Commissioner Holds Policyowner Has Duty to Read and Understand Universal Life Policy
2007-6 April 20, 2007 Court Holds Maryland Insurance Article Does Not Require Life Insurer to Send Premium, Grace Period, or Lapse Notices
2007-5 April 9, 2007 State Court Divorce Decree is Preempted by ERISA
2007-4 March 5, 2007 Assessment of Corporate Governance by Insurance Regulators
2007-3 February 26, 2007 Transfer of Annuity to Co-Owners Creates Tenancy in Common, Not Joint Tenancy
2007-2 February 2, 2007 New Jersey District Court Dismisses Putative Nationwide Class Action Filed By Term Life Insurance Policyholder
2007-1 January 17, 2007 Insurance Commissioner Holds Insurer Appropriately Issued Policy Loan Based On Alleged Forged Request
2006-6 October 20, 2006 Computer Training is not Required by Rehabilitation Provision in ERISA Disability Plan
2006-5 July 28, 2006 Third-Party Claimant Lacks Standing to Assert Violation of Unfair Claim Settlement Practices Act
2006-4 June 26, 2006 Class Action Settlement Bars Complaint Before Insurance Commissioner
2006-3 June 5, 2006 Maryland’s Highest Court Upholds The Named Driver Exclusion In commercial Automobile Policies
2006-2 May 5, 2006 Insurance Commissioner Rules Complaint Barred by Administrative Collateral Estoppel
2006-1 February 15, 2006 Approaching Deadline for Insurance Company Compliance: Anti-Money Laundering Program and Reports of Suspicious Activities

Local Government Bulletins

Bulletin No. Date Topic
localgov-2010-1 May 26, 2010 Race-Based Traffic Stop Data No Longer Required
localgov-2009-3 July 17, 2009 October 1st Deadline Looms for New Elements in Comprehensive Plans
localgov-2009-2 May 11, 2009 New Mandate Requires Local Debt Policies by September 1
localgov-2009-1 January 16, 2009 US Department of Labor amends Family and Medical Leave Act
localgov-2008-1 November 24, 2008 Procurement – Use of eMaryland Marketplace for Publication Required

Reinsurance Law Bulletins

Bulletin No. Date Topic
2007-3r May 14, 2007 Communications with Reinsurer Are Discoverable in Action Filed Against Life Insurer for Breach of Contract and Bad Faith
2007-2r March 19, 2007 Court Holds Follow the Fortunes Clause Is Not Implied as a Matter of Law in Reinsurance Contract
2007-1r January 18, 2007 Rejecting Liquidator’s “Alchemy” New Jersey Court Strikes Attempt to Convert IBNR Claims into “Absolute” Claims
2006-1r October 10, 2006 Party Forfeited Right To Appoint Arbitrator For Failure to Comply With Thirty-Day Time Limit In Arbitration Agreement