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<i>Hoffman v. Travelers</i>
For decades, courts throughout the country interpreting the “reasonable expenses incurred” language in automobile MedPay clauses have distinguished between payments made on an insured's behalf by a private healthcare insurer, and medical services that an insured receives free of charge. The former are deemed to have been “incurred” and recoverable under a MedPay policy because the insured is legally liable for them even though a collateral source made the payment. The latter do not equate to “incurred expenses” because the insured neither paid the expenses nor became legally liable to pay them. The Superior Court of New Jersey detailed the difference in its 1977 decision in Sanner v. Government Employees Insurance Company, in which a National Guardsman sought coverage from his insurer for medical bills he claimed he incurred after receiving free medical treatment in a veterans facility:
[T]here exists a valid distinction between “benefits received by an injured person pursuant to some private medical payment insurance purchased by him and benefits received [from the Federal Government]. Under a private policy the insured becomes liable for, and therefore incurs, the expenses which he must pay if his private carrier for some reason declines to do so; as a serviceman receiving medical treatment to which he is absolutely entitled with no obligation of reimbursement, he does not become liable for the reasonable value of the treatment. Hence, under the private policy, medical expenses are incurred by the insured; when treatment is afforded by the Federal Government with no obligation to reimburse, such expenses are not incurred.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.