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COVID-19 and Ohio Workers' Compensation
Dinsmore & Shohl LLP, March 2020

  In the wake of the COVID-19 outbreak and the World Health Organization’s declaration of this coronavirus as a pandemic, employers of all sizes have serious, and somewhat unprecedented, issues to consider. Fortunately for most employers, workers’ compensation may not be one of them...

El Salvador: How Does the Pandemic Declared by the WHO Affect the Coverage of my Insurance Policies?
Consortium Legal - El Salvador, March 2020

It is normal that an insurance contract does not cover all the different events that are part of the entire risk, since this would imply that the contract was becoming more expensive every day, in the face of the appearance of catastrophic risks or risks that due to different factors do existed before. In this sense, the delimitation of the scope of the insurance contract becomes an important situation to analyze...

Legal Implications of the Coronavirus at a Glance
Heuking Kühn Lüer Wojtek, March 2020

  The COVID-19 virus (commonly known as the “coronavirus”) is affecting companies’ commercial activities around the world, with particular impact on supply chains and employment and insurance law. There is also a question around the measures the competent authorities may impose to prevent or contain the spread of the coronavirus. A...

Coronavirus and Insurance Cover
Heuking Kühn Lüer Wojtek, March 2020

  The coronavirus is currently causing a lot of uproar. Many companies are reviewing their risks in case of infection or are trying to mitigate damage caused by canceled events and trade shows...

Business Disruption Insurance and COVID-19
MinterEllisonRuddWatts, March 2020

Businesses that suffer losses because of disruption caused by COVID-19 will be considering whether they may be able to make claims under their insurance policies...

IRS Allows High-Deductible Health Plans to Cover the Full Costs of Coronavirus Testing and Treatment
Lowenstein Sandler LLP, March 2020

  On March 11, 2020, the Internal Revenue Service (IRS) issued Notice 2020-15 to clear up concerns about whether high-deductible health plans (HDHP) could cover all costs for testing and treatment of 2019 Novel Coronavirus (COVID-19). In general, HDHPs are subject to strict requirements under Section 223(c)(2)(A) of the Internal Revenue Code (Code) that require covered individuals to be responsible for all medical expenses up to the applicable deductible...

COVID-19 and Your Insurance Coverage
Dykema, March 2020

Gilda Radner’s character Rosanne Rosannadanna always ended her routines on Saturday Night live by saying, “It’s always something.” She might well have been talking about COVID-19, the effects of which are just beginning to be felt throughout the world. Schools are closed, supply chains may be cracked, travel is slowing and events are being postponed or canceled outright, with more impacts probably to come...

Bill of Health: Insurance Coverage for Coronavirus-Related Loss and Force Majeure Clauses
Haynes and Boone, LLP, March 2020

Since its emergence from Wuhan, China, in December, the coronavirus (COVID-19) has exacted an immense human cost in death and suffering, with tens of thousands of confirmed cases worldwide. As the world reacts, the spread of this disease has also impacted businesses and world markets. Governments around the globe have restricted travel from areas with widespread, sustained transmission rates. Corporations have also suspended travel and operations in areas with high rates of infection...

The Government Amends Government Regulation on Foreign Ownership in Insurance Companies
Makarim & Taira S., February 2020

The Indonesian government has recently issued Government Regulation No. 3 of 2020 (“New GR”) amending Government Regulation No. 14 of 2018 (“GR 14/2018”) on Foreign Ownership in Insurance Companies, which came into effect on 20 January 2020...

IT Outsourcing by Banks and Insurers Facilitated by Revised Regulations
Walder Wyss Ltd., January 2020

On 1 January 2020 the Swiss Financial Market Supervisory Authority (FINMA) implemented various revised rules primarily targeting small banks (the so-called 'small banks regime'). Among other aspects, this will result in a relaxation of IT outsourcing requirements for financial institutions. In this respect, a revised FINMA Outsourcing Circular is available in English and German, French...

Pennsylvania Health Insurers Must Cover Medication Synchronization Services Beginning July 2020
Dinsmore & Shohl LLP, January 2020

Beginning July 1, 2020, Pennsylvania’s Act 46 of 2019 (Act 46)[1] will require most Pennsylvania health insurers to cover medication synchronization services (MedSync) provided to patients taking two or more maintenance medications (i.e., medications for chronic long-term conditions, including diabetes, high blood pressure, and heart disease)...

OCR Announces Recent Enforcement Actions and Settlements for HIPAA Noncompliance
Dinsmore & Shohl LLP, January 2020

The Department of Health and Human Services (HHS), Office for Civil Rights (OCR) has announced several recent enforcement actions and settlements for violations of Health Insurance Portability and Accountability Act (HIPAA) rules. Ambulance Company Pays $65,000 to Settle Allegations of Long-Standing HIPAA Noncompliance On Dec. 30, 2019, West Georgia Ambulance, Inc...

USDA Announces Pilot Crop Insurance Program for Hemp Farmers
Waller, December 2019

The United States Department of Agriculture (USDA) has announced a pilot crop insurance program for hemp growers in select counties of 21 states in 2020...

Insurance Requirements: Tips to Navigate Insurance on Projects
Bradley Arant Boult Cummings, LLP, December 2019

  In the modern era, most construction contracts incorporate insurance requirements as a primary means to address the risk of unexpected occurrences that are inherent to the construction industry. Some insurance, like workers’ compensation coverage, may be required by law. Other insurance coverage may be required by a lender or other financing party in order to close on the construction loan for a project...

California Individual Mandate for Health Coverage Takes Effect in 2020
Hanson Bridgett LLP, December 2019

Starting next year, California residents who don’t have health care coverage could face a state tax penalty. Under the new Minimum Essential Coverage Individual Mandate, California residents who fail to maintain minimum essential coverage for themselves and their dependents could owe a state tax penalty, unless they qualify for an exemption...

Insurance Services Organization Revises Policy Forms to Address Cannabis
Bradley Arant Boult Cummings, LLP, October 2019

The Insurance Services Office, Inc. (ISO), which develops standard insurance policy forms for use by insurers, recently released its first cannabis-related endorsements (Cannabis Endorsements) to the businessowner policy form. This new release provides five cannabis exclusion endorsements; two of the endorsements change property coverage for cannabis, and the other three endorsements change liability coverage for cannabis...

Regulators Release Updated Examination Procedures for Acceptance of Private Flood Insurance
Bradley Arant Boult Cummings, LLP, October 2019

  The final rule promulgated by the Board of Governors of the Federal Reserve (Federal Reserve), the Farm Credit Administration, the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration, and the Office of the Comptroller of the Currency (OCC) went into effect on July 1, 2019, to implement the portion of the Biggert-Waters Flood Insurance Reform Act mandating regulated lending institutions to accept private flood insurance policies...

Recent Increase in IRS Enforcement of ACA Reporting Penalties
Hanson Bridgett LLP, September 2019

Recently, the IRS has intensified enforcement of information reporting compliance under the Affordable Care Act (ACA). Information reporting penalties apply in addition to any penalties assessed for failures to meet the employer shared responsibility provisions, known as the employer mandate...

Insurers Beware: California's Notice-Prejudice Rule Is a "Fundamental Public Policy"
Hanson Bridgett LLP, September 2019

For those insurers that seek to circumvent California’s notice-prejudice rule, the California Supreme Court has just made that more difficult. In Pitzer College v. Indian Harbor Insurance Company, 845 F.3d 993 (9th Cir. 2017), the Ninth Circuit certified questions to the California Supreme Court, including: “Is California's common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?” (Pitzer College, 845 F.3d at 994...

Insurers Beware: California's Notice-Prejudice Rule Is a "Fundamental Public Policy"
Hanson Bridgett LLP, September 2019

For those insurers that seek to circumvent California’s notice-prejudice rule, the California Supreme Court has just made that more difficult. In Pitzer College v. Indian Harbor Insurance Company, 845 F.3d 993 (9th Cir. 2017), the Ninth Circuit certified questions to the California Supreme Court, including: “Is California's common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?” (Pitzer College, 845 F.3d at 994...

Insurers Beware: California’s Notice-Prejudice Rule Is a “Fundamental Public Policy”
Hanson Bridgett LLP, September 2019

For those insurers that seek to circumvent California’s notice-prejudice rule, the California Supreme Court has just made that more difficult. In Pitzer College v. Indian Harbor Insurance Company, 845 F.3d 993 (9th Cir. 2017), the Ninth Circuit certified questions to the California Supreme Court, including: “Is California's common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?” (Pitzer College, 845 F.3d at 994...

Employers May Offer Two New Types of Health Reimbursement Arrangements in 2020
Hanson Bridgett LLP, July 2019

Under final rules issued last month, employers can offer two new types of health reimbursement arrangements or HRAs: individual coverage HRAs ("ICHRAs") and excepted benefit HRAs ("EBHRAs"). HRAs are self-funded, account based plans that reimburse employees for qualified medical expenses on a tax-free basis. The final rules apply for plan years beginning on or after January 1, 2020. While the rules are complex, the new ICHRAs and EBHRAs offer new planning opportunities for employers...

Ninth Circuit Rules ERISA Pension Plan Must Pay Survivor Benefits to Registered Domestic Partner
Hanson Bridgett LLP, June 2019

In a short, unpublished opinion, the Ninth Circuit Court of Appeals ruled that an ERISA pension plan administrator should have treated a deceased participant's registered domestic partner as a surviving spouse and granted his claim for survivor benefits...

California Appellate Court Affirms Large Punitive Damages Award Against Insurer
Hanson Bridgett LLP, June 2019

Last month, a California appellate court rejected an insurer's arguments and affirmed a large punitive damages award against the insurer, providing a fresh roadmap for policyholders to obtain such relief when insurers engage in certain bad-faith practices. Mazik v. GEICO General Insurance Company (2019) 35 Cal.App.5th 455 involved a policyholder's claim for the $50,000 limits under his underinsured motorist policy...

Beware: Violations Of State Safety Requirements Bring Penalties For Both State Fund and Self-Insured Employers
Dinsmore & Shohl LLP, April 2019

Recently, Dinsmore has noticed an uptake in claimant allegations that an employer has caused an accident due to violation of a specific safety requirement (VSSR). A VSSR award is an additional award paid to the employee by the Bureau of Workers’ Compensation (BWC) billed directly to state fund employers or paid directly by a self-insured employer...

 

 

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