Claims and Costs News

Judge Nixes Punitive Damages for Kentucky Comair Crash Family

The family of a Louisiana man killed in the August 2006 crash of a Comair regional jet in Lexington cannot pursue punitive damages from the airline after a federal judge found the company couldn’t be punished for what he called …

Court: Arbella Can’t Recoup from Trust Fund in Massachusetts Case

Massachusetts insurer Arbella cannot recoup from the state’s Workers’ Compensation Trust Fund a substantial portion of a $67,500 settlement with an injured carpenter, the Appeals Court has ruled. The ruling stems from a 2006 settlement with Keiran Kelly, who had …

Ohio AG: Settlement Reached with Firm in $26M Medicaid Fraud Case

Ohio Attorney General Mike DeWine announced a $26 million settlement with CareSource, a Dayton-based managed health care company, and its related corporate entities. The settlement resolves allegations that CareSource submitted false data and received reimbursements from Medicaid for health care …

Essentials: What Every Claim Adjuster Should Know About Bad Faith

Many adjusters don’t have a clear understanding of what constitutes insurance bad faith. The tort of common law bad faith is an outgrowth of judicial concern that the insurance industry could employ improper economic motivation to delay or refuse to …

Oil Spill Claims Administrator Feinberg Not Independnent of BP: Judge

The administrator of BP Plc’s $20 billion fund to compensate victims of the Gulf oil spill is not independent and the oil company must refrain from calling him “neutral,” a federal judge ruled on Wednesday. Judge Carl Barbier also ruled …

Daly City Councilwoman Appears Headed to Trial

A Daly City, Calif., council member accused of exercising at the gym and riding a motorcycle when she was supposed to be too injured to work appears headed for trial. San Mateo County prosecutors tell the San Francisco Examiner they …

91,000 Claims But BP Business Ally Only Firm to Get Final Payment

BP’s compensation fund for Gulf oil spill victims has issued a final settlement payment to just one of the thousands of people and businesses waiting for checks, records show, and that $10 million payout went to a company after the …

Mississippi AG Wants Court to Intervene in BP Oil Spill Claims

U.S. courts must compel the administrator of BP’s $20 billion oil spill fund to meet his legal obligations and stop short-changing victims of the Gulf of Mexico disaster, Mississippi said on Tuesday. Until now, “sweeping deficiencies and violations of law” …

OSHA Settles Texas Power Plant Whistleblower Case

The U.S. Department of Labor has settled with Baton Rouge, La.-based MMR Contractors and Greenville, S.C.-based Fluor Corp. to resolve findings by the Occupational Safety and Health Administration that the companies illegally terminated a Franklin, Texas, power plant employee for …

Liens Stress California Workers’ Comp System

Liens are “choking” California’s workers’ compensation system, with employers and insurers spending roughly $200 million per year on loss adjustment expense to handle medical liens claims, according to a new liens report. In the Golden State’s workers’ compensation system, a …