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