Category Archives: Insurance Coverage

National Survey of COVID-19 Medical Malpractice Immunity Legislation

(as of July 17, 2020) [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 ... Read More

Client Alert: New York Assembly Bill Would Repeal State’s Healthcare Immunity Statute Passed in Wake of COVID-19 Citing Concerns Over Nursing Home Conduct

A New York Assemblyman has introduced a bill that would repeal Article D-30, Emergency or Disaster Treatment Protection Act of the New York Public Health Law, which was enacted on April 2, 2020, and provides health care facilities, health care providers, and volunteer organizations from immunity from civil or criminal liability for harm or damages sustained as a result ... Read More

Client Alert: D.C. Council Declined to Vote on First-of-Its-Kind Legislation Requiring Certain Insurers to Retroactively Cover COVID-19 Business Interruption Losses; Other States Are Still Considering

On Tuesday, May 5, 2020, the D.C. Council declined to vote on a portion of the Coronavirus Omnibus Emergency Amendment Act of 2020, called the Business Interruption Insurance Amendment Emergency Act, which would have required every business interruption and loss of use or occupancy insurance policy currently in force in the District of Columbia be read to cover business ... Read More

Client Alert: A Summary of Legislative Efforts to Compel Insurers to Pay COVID-19 Related Business Interruption Losses

Small businesses across the country debilitated by the COVID-19 crisis are searching for solutions to shrinking revenue due to nationwide stay-at-home orders. Many businesses believe their insurance should cover their losses, evidenced by a growing wave of litigation against insurance carriers. Small businesses claim that without insurer payouts, they will be unable to re-open and re-hire laid off employees after ... Read More

Seven Tips for Preparing an Effective Reservation of Rights Letter

An insurer’s reservation of rights letter is often one of the most important documents in insurance coverage litigation.  Insurers too often do not prepare coverage position letters that most effectively protect their interests.  In a routine, low-value claim, this may not matter much.  But in complex or potentially expensive cases, insurers should take extra care to prepare reservation of rights ... Read More

Client Alert: The Supreme Court of Ohio Ruling in Lubrizol Advanced Materials, Inc. v. National Union Fire Insurance Company of Pittsburgh

The Supreme Court of Ohio agreed to accept the matter of Lubrizol Advanced Materials, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., Case No. 1:17-cv-01782-DAP (N.D. Ohio) on certified question as to whether an insured is permitted to seek full and complete indemnity under a single policy providing coverage for “those sums” when the property damage occurred over ... Read More

Supreme Court of Virginia Holds That Insurer is Entitled to Equitable Contribution From Another Covering Insurer and that Consent to Settlement Conditions Are Waived by Denial of Coverage on Other Grounds

In a decision issued on July 18, 2019, the Supreme Court of Virginia vacated a judgment entered in favor of a liability insurer seeking contribution against another liability insurer and remanded the case to the trial court on the grounds that the complaint had stated a claim for equitable contribution. Nationwide Mut. Fire Ins. Co. v. Erie Ins. Exchange, 829 ... Read More

Changes in Legal Landscape That Could Impact Medical Malpractice Risks | August 2019

In researching and reviewing recent legal developments in the medical malpractice field, Jackson & Campbell, P.C. has identified recent changes in the law and the legal landscape that could impact medical malpractice claims and the risk associated with such cases. Below highlights some of these issues. Impact of Increase in Successful Challenges to Caps on Non-Economic Damages Louisiana (October 2016): Supreme ... Read More

SCOTUS Opinion: Medicare Act Requires Notice And Comment Before Any Changes To “Medicare Fraction”

Under the Medicare Act, the enforcing agency is required to go through a public notice and comment period before changing any “substantive legal standard” affecting Medicare benefits. 42 U.S.C. sec. 1395hh(a)(2). Under Medicare Part A, the federal government paid hospitals who served low-income patients through a “Medicare fraction,” which was calculated by dividing the time spent by a hospital ... Read More

Virginia Supreme Court: Collateral Source Rule Can Apply To Contract Cases

In Dominion Resources, Inc. v. Alstom Power, Inc., the U.S. District Court for the District of Connecticut certified the following question to the Virginia Supreme Court: “Does Virginia law apply the collateral source rule to a breach of contract action where the plaintiff has been reimbursed by an insurer for the full amount it seeks in damages from the ... Read More

Congratulations to our Attorneys and Practice Groups

Jackson & Campbell, P.C. is proud to announce our 2019 Super Lawyers. Please join us in celebrating Nathan J. Bresee, Richard W. Bryan, Arthur D. Burger, David H. Cox, William E. Davis, Christopher P. Ferragamo, Robert N. Kelly, James N. Markels, Nicholas S. McConnell, and Brian W. Thompson; and ... Read More

What’s in a Name? Well-Known Insurance Coverage Case Concepts That All Claims Handlers and Insurance Coverage Professionals Should Know

By Christopher P. Ferragamo and Susan Knell Bumbalo “You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney, if you cannot afford one, one will be provided to you …” Anyone that has ever watched a crime drama ... Read More

Decisions, March 2019, Volume 5, Issue 2

Christopher P. Ferragamo, a Director in Jackson & Campbell, P.C.'s Insurance Coverage Practice Group, prepares a bi-monthly newsletter that addresses healthcare issues and healthcare coverage issues called Decisions. Read the latest issue here. Please see below for prior issues of Decisions: January 2019 - Volume 5, Issue 1 November 2018 - Volume 4, Issue 6 September 2018 - Volume ... Read More

Virginia Supreme Court: Newly-Acquired Subsidiary Does Not Receive Coverage Under Owner’s Property Insurance

After EPC MD 15, LLC purchased commercial property fire insurance from Erie Insurance Exchange, it purchased another company that owned a separate building on another property. The new subsidiary was not a named insured under the original policy. When that building sustained fire damage, EPC submitted a claim, claiming that the purchase of the subsidiary made the subsidiary’s property “newly ... Read More

Susan Knell Bumbalo article published in DRI’s For the Defense

Susan Knell Bumbalo, an attorney in our Insurance Coverage group, wrote an article entitled "Examining Insurers' Obligations to Their Insureds Post-Verdict", which appears in this month’s edition of DRI’s For the Defense.  The article addresses insurer’s duty to appeal and issues associated with various issues that arise when insureds/insurers face an adverse jury verdict.  The article is a good roadmap and ... Read More