|
Insurable Interest: An Ancient Doctrine Confronts Modern Problems
Bryan Bolton and Michael Cunningham, September 2008
This article appeared in the September 2008 issue of For the Defense. The article analyzes the application of the insurable interest doctrine in the context of modern viatical settlements and related financial transactions, including those commonly referred to as stranger-owned life insurance or speculator-initiated life insurance.
State Regulatory Oversight of the Role and Responsibilities of an Insurance Company's Corporate Directors
Donna Imhoff, Spring 2007
Whenever state regulators conduct a financial examination of an insurance company, they assess corporate governance against established insurance regulatory standards. In the Spring 2007 issue of the Journal of Insurance Regulation, Funk & Bolton's Donna Imhoff published an article that discusses those standards as they relate to corporate directors, and describes new standards the National Association of Insurance Commissioners (NAIC) recently adopted for all insurers.
The article is an educational tool for corporate directors. It discusses current regulatory standards, the role of directors in risk management, and new guidelines that regulators use in assessing director activities, as published in the 2007 edition of the NAIC's Financial Condition Examiners Handbook.
To obtain a copy of Corporate Governance: A Self-Evaluation Tool for Insurance Company Directors, contact Donna Imhoff.
Life and Health Insurance Update
Hisham Amin, May 2007
Funk & Bolton member Hisham M. Amin prepared this Update for the recent 2007 Life, Health, Disability and ERISA Claims Seminar. The paper highlights important decisions and emerging trends in recent life and health insurance litigation cases. As Mr. Amin concludes, success in litigating an insurance case requires careful compliance with applicable law and hard work to gather information from a variety of sources. In the final analysis, although litigating a life or health insurance case is never easy, the diligent practitioner often is the successful practitioner. Keeping abreast of the law is the first measure of necessary diligence.
Important Terms for Inclusion in Confidential Settlement Agreements for Financial Services Companies
Bryan Bolton, 2006
In a fast-paced financial world, it is easy to understand how parties agree on a settlement figure, assume the final documents resolving the matter are worth only perfunctory consideration, and press on to the next matter. This article questions the wisdom of approaching a rapidly changing financial services world armed with nothing more than a traditional "standard" release.
Declaratory Judgment Expenses: The Issue that Just Won't Go Away
September 2006
This article in the quarterly newsletter of Arias (the AIDA Reinsurance and Insurance Arbitration Society) addresses the issue of declaratory judgment actions, wherein an insured files an action to determine whether its insurer must defend it against a liability. It remains a topic of hot debate under thousands of reinsurance contracts written before such actions were as common and costly as they have become.
Maryland Court of Appeals issues opinion on required exclusions from auto liability policies in Harleysville Mutual Insurance Co. v. Walter Zelinski et al
Law Bulletin
Slip Opinion
Maryland Court of Appeals issues annexation opinion in Mayor and Town Council of Oakland v. Mayor and Town Council of Mountain Lake Park
Law Bulletin
Slip Opinion
Practical Considerations in Defending Mental Illness Disability Claims
Bryan Bolton and Hisham M. Amin, 2005
Building a mental disability case can be a treacherous task. Neither the science nor the law is well settled, leaving many aspects ripe for litigation. Adding to the complexity are the jurisdictional differences that have emerged. Handling a mental disability claim, therefore, requires familiarity with relevant legal trends, a working knowledge of leading mental disability texts, and the willingness to carefully review mental health records.
Hot Topics in Disability Bad Faith Litigation: An Overview and Some Recent Trends
Bryan Bolton and Alan Nochumson, 2004
The tort of bad faith refusal to settle a first-party insurance claim was first recognized in 1973 by the California Supreme Court. This paper covers a number of current topics related to bad faith litigation.
Special Considerations in the Investigation and Defense of Clinical Depression and Mental Illness Disability Claims
Bryan Bolton, 2003
This paper discusses various aspects and challenges involved in the process of adjudicating and defending against mental illness disability claims.
A Tough Pill to Swallow: The Impact of State Independent Review Laws on Appropriate Health Care Claims Handling
Bryan Bolton, 2003
The particulars of independent review differ from state to state, but the statutes all require the use of an independent reviewer when requested by an insured, the treating physician, or some other individual acting on behalf of the patient. The intent of this paper is to assist health care plans by identifying and summarizing key elements of the current independent review statutes.
Is Any Care Appropriate Care? The Scope and Application of Appropriate Care Provisions in Individual Disability Income Insurance Policies
Bryan Bolton, 2003
Although relatively few cases have squarely addressed the "appropriate care" language found in many of today's disability income insurance policies, the courts that have addressed this provision recognize that "appropriate care" is a higher standard than regular care. At the same time, the courts appear to be struggling with enunciating a clear standard for what is "appropriate care."
Health and Welfare Benefit Compliance in Maryland
Bryan Bolton, 2002
Covers ERISA compliance issues, HIPAA plans and compliance issues, and medical plans
Is Any Care Appropriate Care?
Bryan Bolton, 2001
The Scope And Application of Appropriate Care Provisions in Individual Disability Income Insurance Policies
Disability Hot Spots
Bryan Bolton, 2000
This paper provides the reader with a comprehensive overview of three areas of disability claims. First, the paper examines the law evolving in the area of risk of relapse disability claims. Second, the paper reviews the case law surrounding legal versus
factual disability claims. Third, the paper discusses the emerging case law on the question: What is "Your Occupation"?
Rights and Obligations Arising from Remediation and Rehabilitation Clauses
Bryan Bolton, 2000
This paper provides the reader with an overview of how courts have interpreted and applied disability policies to remediation or rehabilitation of the insured. The reader should note, however, that many of the issues discussed in the cases span across many
topics covered in this paper and the topical assignments given to these cases is somewhat arbitrary.
ERISA Fiduciary Litigation
Bryan Bolton, 1998
Although the Supreme Court has rarely rendered decisions expanding participant and
beneficiary claims under ERISA, the Court did just that in Varity Corp. v. Howe (1996). In Varity, the Court expanded both the scope of fiduciary duty and the claims available for a breach of that duty. In light of that expansion, and the onslaught of fiduciary litigation following Varity, this paper focuses on certain topics of interest for ERISA plan administrators and other ERISA fiduciaries.
|
