Insurance Coverage Defense
COVID-19: New IRS Relief Allows Health Plan and Flexible Spending Account Election Changes
On May 12, 2020, the IRS issued guidance (IRS Notice 2020-19) to allow temporary changes to section 125 cafeteria plans. These plans allow participants to pay their portion of health insurance premiums and contribute to health care flexible spending accounts and dependent care assistance spending accounts (FSAs) on a pre-tax basis. In return for the tax-favored treatment, the IRS imposes strict prohibitions on a participant’s ...
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The Economic Loss Rule is Alive and Well for Insurance Licensees
When professionals of all types are sued by their clients for errors and omissions (E & O), the plaintiffs frequently assert both tort and contract claims against the defendants. This is particularly true when insurance policyholders or putative policyholders sue their insurance agents. Torts that are usually asserted include claims of actual fraud, constructive fraud, negligence and breach of fiduciary duty. In addition, plaintiffs virtually ...
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Agency Agreements
Authored by Douglas M. Palais Agreements between insurers and their appointed agents set forth the actual authority, as opposed to the apparent authority, of the agents. While commission schedules often change with some regularity, there are other portions of these agreements that agents should monitor on a regular basis. This article will very briefly point out a few of these types of provisions and provide some ...
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False Claims Act: The Fourth Circuit’s Triple Canopy Decision
Authored by attorney Megan Caramore The False Claims Act, 31 U.S.C. §§3729-3733, also known as the “Lincoln Law,” is a federal law that imposes liability on individuals and companies (often federal contractors) who defraud the government. The Act prohibits contractors from presenting the government with a false or fraudulent claim for payment. The Fourth Circuit recently examined the issue of what constitutes a false or ...
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