The Medicare Secondary Payer law creates contingent liabilities for the insurance company or self insurance plan settling a liability or workers’ compensation claim. One way to mitigate against those liabilities is to settle a claim based on certain conditions. In...
Many times our Company is asked whether or not it is appropriate for a lawyer to sign a release agreement that includes an indemnification clause by the lawyer or law firm. The issue has come up more frequently as primary plans (insurance carriers and self insureds)...
It was bound to happen. When legal responsibility exists to comply with a law, but no policy or procedure is in effect as to how, parties to a liability case will fashion their own solution. That’s exactly what took place in Big R Towing, Inc. v. David Wayne Benoit,...
