The Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act Summary and Implementation Timelines

Eric M. Peterson from the law firm of Dorsey & Whitney LLP has done a nice job summarizing the recently enacted Patient Protection and Affordable Care Act.  Peterson’s article, ‘Health Care Reform is Here’ is set forth verbatim immediately below, followed by the...

California Supreme Court Accepts Review of Howell: Will the Collateral Source Rule Be Extended to Cover Non-Discounted Medical Expenses?

The collateral source rule is familiar to every attorney in California.  Every attorney recalls spending time studying the rule in law school.  The collateral source rule is critical to people injured by the wrongful conduct of tortfeasors, whether they be an...

An Insurer Has A Duty to Notify Insured of Contractual Limitations Provision Regardless of Whether the Insured is Represented By Counsel.

Regardless of whether the insured is represented by counsel, an insurer has a duty to provide notice of a contractual statute of limitations period.  The Insurance Corporation of New York discovered this holding the hard way when the California Court of Appeal...

ERISA Plan Administrators Take Heed

In an article appearing inthe February 10, 2010 editions of theLos Angeles and San FranciscoDaily Journals, I discuss the impact of the Ninth Circuit’s Montour v. Hartford Life & Accident, 588 F.3d 623 (9th Cir. 2009). Here it is: The Employee Retirement Income...