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Category: Professional Liability

Category: Professional Liability

Home Archive for category "Professional Liability"

: : Provider Claims Barred By Insurer’s Anti-Assignment Clause

Roy Harmon 502(A)(1)(B) Claim for Benefits / Preemption / Professional Liability July 30, 2021 July 30, 2021

Dr. Komarnisky may prefer that Cigna pay for his services, rather than his patients, but that does not mean Cigna legally injures him by declining to pay out benefits. The law is clear that if …

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:: Should ERISA Attorneys Be Held Liable For Aiding & Abetting A Fiduciary Breach?

Roy Harmon Practice Tips / Professional Liability March 9, 2021 March 9, 2021

May an attorney be held liable for aiding and abetting a fiduciary breach? A recent law review article raises the issue and advocates the view. The article isn’t written for an ERISA audience, but it …

Read more":: Should ERISA Attorneys Be Held Liable For Aiding & Abetting A Fiduciary Breach?"

:: Indemnification Provisions: Do They Apply To Excuse A Party’s Own Wrongdoing?

Roy Harmon Negligence / Practice Tips / Professional Liability March 9, 2021 March 9, 2021

Only after the first tranche of the settlement funds had been distributed was a challenge raised in late January 2007 by a dissatisfied class member as to the accuracy of the distribution. Upon investigating, Hewitt …

Read more":: Indemnification Provisions: Do They Apply To Excuse A Party’s Own Wrongdoing?"

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