Patient Dies During Arbitration Agreement Rescission Period

What happens when a nursing home patient signs an arbitration agreement with a 30-day rescission, or cooling-off, period and then dies before the end of that period?  Is the agreement enforceable because it wasn’t rescinded?  Or is it unenforceable because expiration of the 30-day period was a condition …

[Read more...]

Why the Tail Policy Didn’t Cover the Doctor’s Tail

Dr. Steven Svabek may have set a record for the number of reasons why his tail policy didn’t cover the medical malpractice claims against him. According to a memorandum decision issued last week by the Indiana Court of Appeals, on Dec. 7, 2012, Dr. Svabek purchased a tail policy from Lancet Indemnity, …

[Read more...]

4th Cir. Sides with Surgeon in Disability Policy Dispute

On May 5 the Fourth Circuit reversed a District Court decision upholding Lloyd’s of London’s rescission of a Maryland surgeon’s disability policies.  Lloyd’s had rescinded the policies because the surgeon gave false answers on the application forms.  The 4th Cir. found ambiguity in every question, even …

[Read more...]

IRS Updates Form 8928 for Self-Reporting of Excises Taxes Owed for PPACA Failures

The IRS recently updated Excise Tax Form 8928 and its Instructions. Employers and plan sponsors must use Form 8928 to report excises taxes due for failures to meet certain requirements of the Public Health Services Act, COBRA, HIPAA or HSA comparable contributions. The revised Form 8928 and Instructions now …

[Read more...]