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Protecting the Interests of Medicare Advantage Plans in Settlement Involving Plan Beneficiaries

May 22, 2018 BY Jason Prine | Insurance and Reinsurance Law

Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to beneficiaries when there is liability or workers' compensation insurance that would otherwise be available to the beneficiary. Practitioners and claims professionals are (or should be) familiar with the process of requesting information concerning the amount of these payments and Medicare's claims for reimbursement through the Center for Medicare and Medicaid Services ("CMS") when finalizing the terms and conditions of settlements involving Medicare beneficiaries. ... Continue Reading

Disclaimer and Reservations of Rights Traps for the Insurer

June 19, 2017 BY Gwendolyn Havlik | Insurance and Reinsurance Law

An all too typical scenario- an insurer receives notice of a lawsuit filed against its insured. Coverage is questioned but the answer due date approaches. Should the insurer hire defense counsel? Send a reservation of rights? Disclaim coverage? Under two Georgia Supreme Court cases, the timing and decision could cost the insurer its rights to disclaim coverage. ... Continue Reading

A hard rain's a-gonna fall: Hail damage, appraisal, and Lam V. Allstate

November 03, 2014 BY Christina Jay | Insurance and Reinsurance Law

he appraisal process provides a mechanism by which homeowners and insurance companies may quickly and relatively inexpensively resolve disputes ... Continue Reading

LAM V. ALLSTATE Indemnity Company: Appraisal Provision Does Not Apply To The Scope Of The Loss

May 02, 2014 BY Paul Burke | First Party Insurance Law

In a recent decision, the Georgia Court of Appeals has ruled that an Appraisal Provision in a property insurance policy would be limited to questions ... Continue Reading

Don't Waive Goodbye To Potential Coverage Defenses

March 31, 2014 BY Sarah Dumbacher | First Party Insurance Law

Adjustment of a claim can be an arduous process in any line of insurance coverage. During adjustment, insurers must enforce strict ... Continue Reading

The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved. 

Editorial Board:

H. Michael Bagley
(Editor-in-chief)

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