Next Week: Tort and Appellate Forum 2018

A cross-collaborative CLE forum presented by the TBA’s Appellate Practice and Torts & Insurance Practice sections comes to the Tennessee Bar Center on March 29. This must-see, must-do event will feature timely topics and expert analysis from seasoned professionals, guaranteed to help you up your game and stay on top of trends and advancements relevant to your practice. The forum will feature first-rate programming from speakers and producers such as:

  • Hon. Kyle Hendrick, Hamilton Co. Circuit Court, Chattanooga
  • James Hivner, Supreme Court of Tennessee, Nashville
  • Justice Janice Holder, Private Legal Solutions, Memphis
  • Justice William Koch Jr., Nashville School of Law, Nashville
  • Robertson Leatherman Jr., Attorney, Memphis
  • Morris Ricketts, Consumers Insurance USA a Motorists Insurance Group Company, Murfreesboro
  • Nathan Shelby, Rainey, Kizer, Reviere & Bell PLC, Nashville
  • Hon. Neil Thomas, Hamilton Co. Circuit Court (ret.), Chattanooga

Topics include:

  • Updates on the appellate court’s new e-filing process
  • Updates in tort law
  • A review of the claims evaluation process
  • Practice pointers for insurance coverage and bad faith
  • Effective lawyering in front of juries
  • Ethical considerations and professionalism in appellate practice

Section members receive a discount for the program. Here’s the key info:

When: Thursday, March 29, registration begins at 8 a.m. CST

Where: Tennessee Bar Center, 221 Fourth Avenue North, Nashville

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Congress Delays 'Cadillac Tax' and Other ACA-Related Taxes and Fees

Congress on Monday passed the Federal Register Printing Savings Act, which temporarily continued funding federal government activity and appropriated funds to various health-related programs such as the Children's Health Insurance Program, Medicaid and childhood obesity programs.
The Act also addressed the effective date for the controversial 40 percent excise tax on high-cost health care, commonly referred to as the "Cadillac Tax," which has been delayed until 2022. At a minimum, the new two-year delay gives employers and plan sponsors more time to adjust health plan design to avoid the Cadillac Tax, legislation that has been unpopular on both sides of the aisle.
The Cadillac tax was created as part of the Affordable Care Act largely to help fund benefits to the uninsured under the law. The U.S. Joint Committee on Taxation estimates that delaying the medical device tax will lower revenue by $3.8 billion over a decade, delaying the Cadillac tax will cost $14.8 billion and suspending the health insurance tax will cost $12.7 billion.
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Idaho to Allow Non-ACA Approved Health Insurance Plans

Idaho officials said they will begin allowing insurers to sell new plans that don't meet requirements set by the Affordable Care Act. In a bulletin issued Wednesday by state Department of Insurance Director Dean Cameron, "state-based health benefit plans" or "state-based plans" will not be subject to the federal restrictions applied to"grandfathered" or "transitional" plans.
Under these guidelines, insurers who participate are free to deny people coverage or charge more based on a customer's medical history, a practice that's illegal under Obama Care. Officials argue that the state needed to act to allow for cheaper plans that would help attract younger, healthier people back into an ailing market, however, critics say that this will likely mean steep premium increases for middle-class individuals with pre-existing conditions.
State officials said they are trying to press forward with the changes on their own without any action from Washington. The move will almost certainly be met with legal challenges by ACA proponents, as it has drastic implications on federal enforcement of individual market requirements.
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Court to Hear Insurance Law Debate From Bar Altercation

A battle over insurance laws has landed before the state Supreme Court following a man hitting a bar owner in 2012 while driving an Enterprise-Rent-A-Car, The Tennessean reports. Edward Martin, owner of The Pond in Franklin, appealed after a Williamson County judge dismissed the case because Martin’s insurance company claimed its policy supplied to Martin did not cover the Enterprise rental. The rental is considered “self-insured,” not uninsured. "The Court of Appeals (which upheld the Williamson County decision) has created a hole in the coverage of every uninsured motorist coverage plan in Tennessee," Shea Callahan, Martin’s attorney, said.

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BlueCross BlueShield to Appeal Breach of Contract Ruling

The Tennessean reports BlueCross BlueShield of Tennessee is appealing a recent decision by the Chancery Court for Tennessee's 20th Judicial District that says BCBST breached a contract with a general insurance agent. The court recently awarded James Walker, the president and owner of Individual Healthcare Specialists, $2.1 million after BCBST was found to have breached a commissions contract. BCBST argued that changes to the contract and commission structure on renewals were due to the Affordable Care Act.

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Discrimination Suit Against Farmers Granted Class Action Status

A California federal judge certified a class action status to a discrimination suit in which a group of female current and former attorneys of Farmers Insurance claim the company paid men higher salaries. Lynne Coates, who had worked for Farmers for a total of nine years, filed the original complaint in which she alleged Farmers was paying less-experienced male employees a larger salary than her own. Twelve attorneys have joined the suit. Read more from the Insurance Journal.

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