To help with your writing efforts, here’s what people are looking for in Insurance Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
Blue Cross Blue Shield’s agreement to pay $2.8 billion to resolve antitrust claims against the insurer; key allegations leading up to the proposed settlement; how the company plans to change its claims process under the terms of the settlement; what else stands out to you about this settlement and the overall antitrust case.
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A lawsuit filed against Anthem Blue Cross and Blue Shield over insurance coverage for mental health care; what to know about the No Surprises Act; any related legal, business, or legislative trends of note regarding insurance for mental health care, and overall access to mental health care.
Related information:
https://www.axios.com/2024/10/24/health-coverage-provider-ghost-networks
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The status of a proposed merger deal between UnitedHealth Group and Amedisys; significance of a merger of this magnitude; noteworthy issues that the two companies have had to contend with so far; related antitrust trends; how M&A activity in the insurance and/or healthcare sectors has been faring, either during 2024 in particular or under the Biden administration as a whole.
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A recent ruling by the Hawaii Supreme Court in an insurance dispute involving climate change; basis for the ruling; what’s next for this dispute; any practical takeaways from this ruling for other policyholders; related insurance industry trends and rulings involving climate change, insurance coverage, and exclusions.
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A $421 million jury verdict against Blue Cross and Blue Shield of Louisiana over the insurer’s alleged failure to fully pay out-of-network charges; key issues in this case regarding contractual terms and in-network and out-of-network service providers and procedures; what stands out to you about this case (in addition to the size of the jury verdict).
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Lawsuits being filed against major companies over health plan surcharges faced by employees who smoke; key claims in the lawsuits; applicable laws that govern these types of health plan measures; what employers should consider before implementing such surcharges; alternative options for employers and employees concerned about health, wellness, and insurance costs.
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Insurance trends involving state-sponsored cyberattacks; what to know about this form of cyberthreat and how it’s evolved over the years; how these cyberattacks are affecting policyholders, insurers, and the insurance industry; what policyholders need to know about cybersecurity best practices and related obligations on their part, their current insurance coverage, possible gaps in coverage, additional insurance options, war exclusions and other limitations, the claims process, and related matters.
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Individual coverage health reimbursement arrangements; what these arrangements consist of; how common they are (in the jurisdiction of your choice); what employers or employees should know before switching to this type of health reimbursement arrangement in place of, or in addition to, more common forms of health insurance coverage.
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Lawsuits against insurance companies over their denial of claims for the use of weight-loss drugs; how insurance coverage for this type of drug is trending; any emerging patterns among the lawsuits; grounds for discrimination allegations; any noteworthy settlements or verdicts in disputes over this type of coverage; what to know about insurance policies’ obesity exclusion; alternative options for individuals or employers.
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Final rules from the Biden administration regarding mental health services; the rules’ intent and effective date; the regulations’ potential impact on individuals, the insurance industry, or employers; prospects for industry litigation challenging the final rules; what else to know about the 2008 Mental Health Parity and Addiction Equity Act.
Related information:
https://www.cnn.com/2024/09/09/health/mental-health-parity-rule/index.html
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Insurance coverage that applies to email scams; incidents that may or may not qualify as computer fraud under a particular type of insurance policy; how computer fraud may be defined under a given policy; forms of coverage to understand and choose among; misconceptions that may exist regarding available coverage types and applicable limitations; any recent or otherwise noteworthy court decisions dealing with insurance disputes over computer fraud.
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Long-term care insurance; pros and cons of this type of insurance for various individuals or scenarios; how to calculate, plan for, and manage the cost of long-term care insurance; how to evaluate specific insurance plans and providers; what else to know before purchasing long-term care insurance; potential alternatives to this type of insurance.
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A federal judge’s ruling that Tennessee’s Medicaid program unlawfully terminated health care coverage for thousands of Tennesseans; key points in the ruling; what insureds or potential insureds should do if they think they have been unjustly denied, or cut off from, anticipated or existing health coverage; what other insurance providers may be able to learn from this case as regards their existing systems, oversight procedures, and safeguards, especially as they pertain to eligibility determinations.
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Recent Biden administration action regarding prescription drug prices; what’s ahead for drug prices; whom pricing changes will most affect; related implications for pharmaceutical companies and for insurance plans.
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Practical guidance for policyholders on filing claims involving losses from business interruption; what to know about available insurance for these types of incidents, and related coverage limitations or impediments to recovery; additional tips on increasing the chances of making a successful claim or contesting the denial of a claim.
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Types of insurance policies that may provide coverage for losses resulting from an insured’s use of, or connection to, artificial intelligence; what types of policies are most likely to be of use in these types of situations; insurance limitations, exclusions, or other coverage gaps to be on the lookout for; any noteworthy legal disputes that may help demonstrate the finer points of securing adequate insurance coverage in an era of evolving AI risks.
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Flood insurance; what to know about flood insurance policy options or other forms of coverage, relief, or assistance in the event of flood damage; common misconceptions regarding insurance for flood-related damage, and regarding what is or is not typically covered by standard homeowners insurance vs. flood insurance; how businesses, individuals, or others can best prepare for an apparently increasing likelihood of flood damage to their property in an era of accelerated impacts linked to climate change; additional tips on filing claims and maximizing recovery.
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Health insurance coverage for employees who are on extended leave; obligations, rights, and options on the part of either the employer or the employees in these instances; laws that may apply in these situations; any cautionary tales that may illustrate how best to navigate these issues and head off misunderstandings regarding continued insurance coverage.
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A lawsuit against Wells Fargo over alleged mismanagement of its employee health insurance plan; core allegations at the heart of the lawsuit; how pharmacy benefit managers’ role is part of this lawsuit; what employers should know about their obligations under the Employee Retirement Income Security Act (ERISA); related legal or regulatory trends involving employer-sponsored health plans; best practices for employers looking to minimize costs without jeopardizing employee well-being.
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Retiree health insurance benefits; potential pitfalls or misunderstandings, on the part of either employers or their current or former employees; practical guidance on communicating benefit information and minimizing conflicts and liability risks involving employee rights, available benefits, and eligibility criteria.
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Insurance trends involving cybersecurity risks, whether cyberattacks, system failures, or other cyber-related mishaps or misfortunes. Take your pick of angles to explore, such as noteworthy disputes or cautionary tales; significant rulings, regulatory or legislative actions; applicable insurance options; common misconceptions about different types of insurance and how they may (or may not) cover cyber-related losses; any new requirements or other pressures that insurers may be putting on policyholders regarding their cybersecurity practices; how to go about vetting, choosing, negotiating, or maximizing insurance coverage; or, alternatively, how policyholders may inadvertently wind up jeopardizing their insurance coverage for losses stemming from cyber failures.
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How the U.S. Supreme Court’s overturning of the ‘Chevron’ doctrine is already having an impact on health care and insurance matters; what to know about a a Mississippi federal judge’s blocking of anti-discrimination rules involving health care for transgender individuals; what an injunction imposed by U.S. District Judge Louis Guirola may mean for equal access to health care; likely next steps in the legal battle over the anti-discrimination protections.
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Directors and officers insurance; what companies need to know about the scope and limitations of this type of insurance; how to evaluate available forms of coverage; potential pitfalls to be aware of when assessing coverage options; significant court rulings or emerging liability risks that may increase the urgency of reviewing existing D&O coverage or changing coverage; any other noteworthy legal trends, cautionary tales, or interesting disputes involving D&O coverage.
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Travel insurance tips; costs or situations that travel insurance policies typically cover; limitations or exclusions to watch out for when researching travel insurance; whether other forms of insurance would be of use when travel plans go awry; alternatives to a stand-alone insurance policy when weighing travel-related risks.
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A recent federal appeals court ruling regarding certain Affordable Care Act requirements; the ruling’s potential implications for insurers, healthcare providers, and access to preventive care; prospects for this case winding up before the U.S. Supreme Court; longer-range implications for federal health entities’ authority.
Related information:
https://www.ca5.uscourts.gov/opinions/pub/23/23-10326-CV0.pdf
https://www.cnn.com/2024/06/21/politics/appeals-court-aca-no-cost-preventive-care/index.html
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Insurance issues that typically arise during hurricane season; insurance-related preparations that property owners and others should address before a hurricane or severe storm hits; what can be done after the fact to facilitate the insurance claims process and maximize recovery; common policyholder misunderstandings, errors, or oversights that can arise prior to, or after, a storm or hurricane; types of insurance to consider buying if concerned about the likelihood of hurricanes, flooding, wind damage, or other severe weather events; potential red flags to watch out for when vetting insurance companies or when reviewing contract terms presented by existing or prospective insurance providers.
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The National Association of Insurance Commissioners’ Model Bulletin on the Use of Artificial Intelligence (AI) Systems by Insurers; the document’s purpose; key concerns driving the bulletin; how state insurance regulators are responding to the NAIC bulletin; how some states diverge regarding insurers’ use of artificial intelligence; prospects for a more uniform, national industry standard for AI’s use by the insurance sector.
Related information:
https://content.naic.org/sites/default/files/inline-files/2023-12-4%20Model%20Bulletin_Adopted_0.pdf
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A recent U.S. Supreme Court ruling involving bankruptcies and insurer rights; potential significance of the decision in Truck Insurance Exchange v. Kaiser Gypsum Company Inc.; types of bankruptcies most likely to be affected by the high court ruling.
Related information:
https://www.supremecourt.gov/opinions/23pdf/22-1079new_6536.pdf
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Insurance pointers for nonprofit organizations; special or unique risks or other concerns that may shape their insurance needs; any insurance types that nonprofits may be required to have; additional forms of coverage that may be worth consideration; common insurance-related misconceptions or oversights that nonprofits may be at risk of harboring; practical guidance on finding and vetting insurance policies and getting the most value for one’s money.
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A June 5 hearing by the U.S. Senate Budget Committee regarding homeowner insurance trends; related issues involving insurance costs and availability of insurance coverage; purpose of the hearing; any other noteworthy actions by legislators, regulators, or others regarding homeowner insurance needs; and perhaps some practical guidance for property owners on how to increase their chances of finding adequate coverage that they can afford.
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