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Browse Darras, Frank N.

1-30 out of 30 article(s)
Title Type Date Words
Fly away with me: an Arizona court orders a health insurer to pay for a patient's airlift home. Jul 1, 2013 552
Let it drain: an upstairs washroom floods a business beneath, but will a damage claim hold water? Mar 1, 2013 595
Paid in full: judges must now consider 'bias' in rulings by benefits administrators that both decide and pay claims. Nov 1, 2012 543
Line of duty: insight: whose job is it to notify subcontractors that a CGL carrier has gone bust? Jul 1, 2012 560
Splitting the check: disability benefits might be a divisible marital asset in divorce proceedings. Do insurance proceeds constitute community property because the premiums were paid with community funds? Mar 1, 2012 531
Accuracy required: the Supreme Court decides a key question regarding Erisa-mandated program descriptions. Nov 1, 2011 568
The call of duty: drivers owe each other 'ordinary care' to avoid causing unreasonable risks. Jul 1, 2011 540
Pain reliever: an appeals court rules that a disability claim is legitimate even without objective medical evidence. Mar 1, 2011 516
'Prevailing Party' not a requirement: The Supreme Court eases the way to collecting attorney's fees in Erisa claims. Nov 1, 2010 533
Time difference: a federal decision clarifies the statute of limitations in a group disability case. Jul 1, 2010 584
A matter of fact: a federal appeals court finds signs of bias after an insurer stopped paying a total-disability claim. Mar 1, 2010 567
Home court advantage: policyholders who move to another state sometimes leave their legal remedies behind. Nov 1, 2009 564
Weight losses: issuing insurance without thoroughly investigating the accuracy of an application proves costly. Jul 1, 2009 578
Rescissionist history: a recent court decision clarifies when an insurer can rescind a policy. Mar 1, 2009 529
Bad faith affirmed: conducting a thorough and fair claim investigation leaves little room for questions on motivation. Dec 1, 2008 547
Aiming for fair and accurate: a conflict of interest must be considered in judicial review. But how? Sep 1, 2008 583
Tolling benefits and pre-existing conditions: some individual state laws may prohibit an insured's coverage for a certain period of time, but as one court ruled, not forever. Jun 1, 2008 563
Conviction not required: a felonious act, even where the insured has not been charged, may still be considered a felony for insurance purposes. Mar 1, 2008 561
When there is nothing to see: surveillance of a disabled insured is not suspicious. Continuing to do so after the insured's claim is approved? Now that's suspicious. Dec 1, 2007 574
Affirming viatical settlement laws: the NAIC developed the viatical settlements model act to protect insureds and to create a transparent and fair viaticat settlements market. Sep 1, 2007 566
Discretionary debate: state insurance regulators are increasingly invalidating discretionary clauses, finding such provisions violate specific state insurance laws. Jun 1, 2007 544
For the long haul: understanding the regulations surrounding long-term-care insurance is the first step to successfully selling it. Mar 1, 2007 595
Trusting in nature: some courts are relying on the laws of nature, not policy time-limit provisions, to determine when an insured's injuries become disabling. Dec 1, 2006 748
Playing doctor: disability insurers should leave medical decisions up to the insureds and their physicians. Sep 1, 2006 761
Running on faith: for disability insurers, the good, the bad and the ugly of bad faith litigation depends on how well they investigate an insured's claim. Jun 1, 2006 734
Cause or sympton? Two key court decisions define the limitations of mental illness insurance claims. Case overview Mar 1, 2006 777
Forging ahead: UnumProvident is offering reassessment to tens of thousands of California claimants. Dec 1, 2005 724
Before the fact: a ruling says carriers cannot "read back" a pre-existing condition that went undiagnosed in the look-back period. Sep 1, 2005 756
A second look: UnumProvident is poised to reopen and reconsider more than 215,000 denied disability claims. May 1, 2005 773
Adjusting the definition: a court ruling maintains that a literal interpretation of the total disability clause would defeat the very purpose of own-occupation disability insurance. Nov 1, 2004 775

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