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

Introduction The Centers for Medicare & Medicaid Services (CMS) recently released its long-awaited regulations on civil money penalties (CMP) that will be imposed when entities fail to meet their reporting obligations. The Final Rule comes after significant deliberation and feedback from interested parties. This article discusses the provisions of the Final Rule, CMS’ extensive analysis describing its […]

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

It is commonplace in construction projects for a contractor to require its subcontractors to purchase liability insurance that protects against certain claims and that includes the contractor as an additional insured. The problem is that many times the policy that the subcontractor purchases does not on its face meet the requirements set forth in the […]

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

In arriving at this holding, the Supreme Court seemingly distinguished an older Missouri appellate court opinion in Hocker Oil Co., Inc. v. Barker-Phillips-Jackson, Inc., 997 S.W.2d 510 (Mo. App. S.D. 1999), that refused to apply a similar pollution exclusion to property damage caused by leaks from a gasoline station’s underground storage tanks. Doe Run and Hocker Oil illustrate how […]