The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
A parent’s worst nightmare sets the stage for the exhilarating new thriller in Robert K. Tanenbaum’s New York Times bestselling Butch Karp series. New York District Attorney Butch Karp has no qualms about putting David and Nonie Ellis on trial following the excruciating death of their young son, Micah. To him, the case is cut-and-dried—reckless manslaughter. Helpless ten-year-old Micah counted on his parents to protect him from the effects of a rare but treatable cancer. Instead, the Ellis family relied solely on prayer and the guidance of snake-oil salesman Reverend C. G. Westlund, of the End of Days Reformation Church of Jesus Christ Resurrected, to save him. Westlund and his zealous followers set up camp outside the DA’s office, angrily protesting the indictment of their “brother” and “sister,” but the charismatic leader’s true objective is to create a diversion from an alarming fraud. He coerced Nonie Ellis into signing an insurance policy that listed himself and the church as beneficiaries in the event of Micah’s death, but he needs the Ellises to be exonerated to get the payout. When David Ellis discovers the deception, no amount of faith can save him from his gruesome fate. Amid the firestorm of controversy surrounding the case, Karp’s wife, private investigator Marlene Ciampi, heads to Memphis to uncover Westlund’s past. The evidence she finds is enough to blow the top off the con man’s scheme—if she doesn’t get herself blown away in the process. Back in Manhattan, meanwhile, Karp is confronted by a deadly nemesis from the past who has explosive plans of her own. The edge-of-your-seat action comes to a head at the annual Halloween parade when a merciless struggle between good and evil metes out its own fatal form of justice.
This book discusses the law of insurance bad faith in Pennsylvania. Cliff Rieders' book discusses the Pennsylvania statutes creating a cause of action for insurance bad faith, and various scenarios where such insurance bad faith claims can arise, including on underinsurance motorist claims, as well as the types of damages that are available for bad faith. In addition, this book contains an up to date discussion of relevant case law concerning insurance bad faith in Pennsylvania.
ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.
Covers Pennsylvania's common law and §8371 - Pennsylvania's "Bad Faith Statute."Insurance Bad Faith in Pennsylvania is designed for busy practicing attorneys, claims professionals, judges and law clerks. This clearly written, straightforward volume examines every important issue relating to bad faith lawsuits under Pennsylvania's common law and under §8371- Pennsylvania's "Bad Faith Statute." With this helpful book, you'll be able to handle any debate in the bad faith arena.Insurance Bad Faith in Pennsylvania includes the following:- Oversixty-five (65) new court opinions briefed and discussed- Summaries of all significant bad faith cases, organized by category- Discussion of the impact of recent important decisions, including:The ongoing litigation in Berg v. Nationwide Ins. Co.Wolfev. Allstate, and assignability of §8371 bad faith claimsMcMahon v. Medical Protective, and third-party bad faith claimsThe Supreme Court decision in Babcock & Wilcox Co. v. American Nuclear Insurers- In-depth analysis of the hottest topics in the field:The questionable expansion of first- and third-party common law bad faithContinuing debate over severance and bifurcation in post-Koken UM and UIM claimsDisputes over delay in payment and settlement negotiationsClaims for compensatory and consequential damages- Strategic considerations in presenting, and defending against, bad faith claims- The latest court decisions dealing with the discover ability of claims handling documents, and protection afforded for attorney communications and work product- Updated Verdict Index, summarizing bad faith trial verdicts in Pennsylvania
