Centers for Medicare & Medicaid Services Issue Final Rule Regarding Civil Money Penalties for Failing to Timely Report Personal Injury Settlements Involving Medicare Beneficiaries

The Centers for Medicare & Medicaid Services (CMS) has issued its Final Rule on civil money penalties for failing to report personal injury settlements for Medicare beneficiaries. This regulation outlines penalties for noncompliance and emphasizes timely reporting, expanding the definitions of good faith efforts to clarify the reporting process. Learn how these rules may impact your organization’s compliance with Medicare Secondary Payer requirements.

Illinois Appellate Court Rejects Request to Re-Write Insurer’s Additional Insured Coverage to Conform with Construction Agreement

In a recent ruling, the Illinois Appellate Court firmly stated that contractors cannot rely on subcontractors’ liability policies to provide coverage that doesn’t align with their written agreements. The case of Vivify Construction, LLC v. Nautilus Insurance Co. highlights the critical importance of ensuring that insurance policies meet the specific requirements outlined in construction contracts. With the court’s rejection of extrinsic evidence to interpret unambiguous policy language, contractors and subcontractors must be vigilant in verifying that their insurance coverage truly protects them as intended. Discover the implications of this decision for your construction projects and liability coverage.

Missouri Courts’ Application of the Pollution Exclusion: A Contrast of Two Very Different Approaches to Insurance Policy Interpretation

In its October 31, 2017, opinion in Doe Run Resources Corp. v. American Guarantee & Liability Ins., the Missouri Supreme Court examined whether a general liability policy’s pollution exclusion bars coverage for bodily harm from toxic emissions. This case contrasts with Hocker Oil Co. and could reshape coverage in pollution-related claims.