INSURANCE: Challenges to GEICO’s subrogation practices properly rejected as not allowable under UTPA… Molloy affirmed (memorandum). [Read more…]
CWA, golf course disposal of treated wastewater
CLEAN WATER ACT: Amended complaint naming golf course owner dismissed for failure to sufficiently identify alleged violation to allow for correction following Defense verdict for water & sewer district… Morris. [Read more…]
Elections, HB 176, SB 169 injunction stay on appeal
ELECTIONS: SOS’s request to stay preliminary injunction prohibiting enforcement of HB 176 and SB 169(2) granted… Moses reversed… order. [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
$6,952,065 settlements, hospital employees’ health plans
SETTLEMENT: $6,952,065, action for accounting, disgorgement of profits, reimbursement of losses, on behalf of 11,000 employees with health benefit plans at 5 hospitals. [Read more…]
Insurance, med-pay advance absent explicit request
INSURANCE: Insurer had no obligation under UTPA to advance-pay 3rd-party medical bills absent explicit request, demand, or claim, also had reasonable basis for not making advance payments… common law bad faith claim time-barred… DeSoto’s 56(a) ruling not precluded by Lynch’s prior 12(b)(6) ruling… DeSoto/Morris. [Read more…]
Insurance, 3rd run at GEICO subrogation rejected
INSURANCE: Third Amended Complaint fails to save previously rejected challenges to GEICO’s subrogation practices, no further amendment allowed… Molloy. [Read more…]
Insurance, duty to provide policy to 3rd-party claimant
INSURANCE: Claim that insurer has duty to provide policy to 3rd-party claimant when insured’s liability is reasonably clear not rendered moot by insured providing the policy after suit filed… insurer failed to show inapplicability of voluntary cessation exception by showing its conduct will not recur… Rienne McElyea reversed. [Read more…]
Insurance, subrogation practices, UTPA preemption
INSURANCE: Putative class Plaintiffs’ request for declaratory judgment as to GEICO’s subrogation practices preempted by UTPA, but amendment permitted to bring proper UTPA claim… Molloy. [Read more…]
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