Insurance Coverage Defense

COVID-19: New IRS Relief Allows Health Plan and Flexible Spending Account Election Changes

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 ...
Read More
Palais

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 ...
Read More
Agency Agreements

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 ...
Read More
False Claims Act: The Fourth Circuit's Triple Canopy Decision

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 ...
Read More
Upcoming Events
Stay Connected
0
    0
    Your Cart
    Your cart is empty