A Foreign Experience: Arbitrating Insurance Coverage Disputes in London
December 01, 2003
Many insurance policies now include arbitration provisions providing that disputes be arbitrated in London under the substantive law of New York. To policyholders, the "deck" in an international insurance arbitration appears to be stacked in favor of the insurance company, if only because the insurance company — a repeat player in London arbitrations — knows the results of its past arbitrations and the policyholder (and its counsel) likely does not. However, with careful strategy and preparation, a policyholder can prevail even in a "foreign experience" in international insurance arbitration.
Case Briefs
December 01, 2003
Highlights of the latest insurance cases from around the country.
Fighting Back: Is Insurance Funding Doctors' Countersuits the Answer to Med Mal Crisis?
December 01, 2003
Increasingly alarmed by the real and imagined inequities of the medical malpractice system, physicians across the country have been looking everywhere for relief. They have lobbied for law reform at both state and federal levels, they have rallied and protested, and some have even gone "on strike." While their efforts have achieved some success — notably in states that have enacted severe damage caps, such as California and Indiana — malpractice insurance premiums have continued to rise, prompting repeated announcements that the medical profession is facing an economic crisis.
Is 'Medical Justice' the Magic Key?
December 01, 2003
Increasingly alarmed by the real and imagined inequities of the medical malpractice system, physicians across the country have been looking everywhere for relief. They have lobbied for law reform at both state and federal levels, they have rallied and protested, and some have even gone "on strike." With so much angst and anger among so many affluent professionals, it was only a matter of time before an astute entrepreneur figured out a way to cash in on the problem. Which brings us to Dr. Jeffrey Segal, a North Carolina neurosurgeon and the founder of a new insurance plan called "Medical Justice," which he promotes as a deterrent to malpractice litigation. It is an intriguing idea that just might work. Then again, it might only be a clever marketing ploy.
New EMTALA Regulations
December 01, 2003
The Emergency Medical Treatment and Labor Act (EMTALA), which imposes requirements on hospitals with emergency departments to screen and stabilize anyone who comes to the emergency department seeking treatment, can provide the basis for a private civil action against the hospital if a person is injured by the hospital's violation of its requirements. New regulations clarifying hospitals' obligations under EMTALA went into effect November 10, providing new guidance on how the federal agency charged with enforcing the statute interprets its terms.
Verdicts
December 01, 2003
Recent rulings of importance to you and your practice.
Deposing the Hospital's Librarian and Chief of Staff
December 01, 2003
As part of discovery, the attorney would want to determine the origin of a particular medical record and seek explanations for whatever spoliation has occurred, whether physical (destruction or absence of the record) or content spoliation (an inaccurate account of the medical care). The place to begin, then, is with those responsible for enforcing medical record rules and regulations: the Chief of Staff and the hospital medical record librarian.
Counterclaims: Actionable Retaliation?
December 01, 2003
An employee sues his former employer for ERISA violations and for unpaid commissions. The employer counterclaims, alleging various tort and statutory violations committed by the now former employee. Just another litigant asserting its right to seek redress in court. Right. Not according to the court ...
A Word to the Wise
December 01, 2003
A party moves to compel arbitration. The court grants the motion. Should the court dismiss the action or stay the proceeding? If the court dismisses the action, should the dismissal be with or without prejudice?
