Casualty Solutions

8/18/2022 - 29 min read

The U.S. Eleventh Circuit Court of Appeals applies a four-year statute of limitations to an MSP private cause of action claim – dismisses action as untimely

In an important new MSP decision, the U.S. Circuit Court of Appeals for the Eleventh Circuit in MSPA Claims 1, LLC v. Tower Hill Prime Insurance Co.

7/28/2022 - 0 min read

Getting a handle on rising claims litigation costs and frequency

Litigation continues to be a major contributor to rising claims costs, and the issue is only getting worse.

7/12/2022 - 28 min read

Illinois enacts the “Consumer Legal Funding Act” -- new law regulates various aspects of third-party litigation funding practices

In a significant development on the TPLF front, on May 27, 2022, Illinois Governor J.B. Pritzker (D) signed into law the Consumer Legal Funding Act.

7/12/2022 - 14 min read

Delaware’s State Senate passes concurrent resolution encouraging the Delaware Judiciary to study possible third-party litigation funding (TPLF) disclosure rules

In an interesting development to watch, on June 28, 2022, the Delaware State Senate passed Delaware Senate Concurrent Resolution No. 127.

6/30/2022 - 2 min read

Claims commitment: Empowering insurers on the innovation journey

The insurance industry has experienced tremendous change in the past few years.

6/24/2022 - 15 min read

The RAMP Act is introduced in Congress – proposed bill aims to repeal Medicare’s private cause of action (“double damages”) statute

6/10/2022 - 25 min read

The United States Supreme Court rules that Medicaid may seek recovery from settlement payments representing future medical care

The Court rejected the plaintiff’s argument that Medicaid’s recovery was limited to only that portion of the settlement representing past medical care.

5/31/2022 - 1 min read

Starting June 4, 2022, CMS Will Use the 2019 CDC Life Table for WCMSAs

5/23/2022 - 0 min read

Why injury analytics aren’t just for soft-tissue claims

Rising injury claim severity is presenting insurers with significant challenges. Not only are these claims more costly, but they’re often more complex.

5/23/2022 - 4 min read

COVID-19 and Workers’ Compensation in 2022: Legislative Update and Clearing Presumption of Coverage Hurdles

After two years, COVID-19 continues to impact workers’ compensation claims. In previous entries, we provided a broad look at the industry.

4/18/2022 - 12 min read

Reducing WCMSAs and Getting Claims Settled: Cost mitigation strategies for success

4/14/2022 - 4 min read

CMS discusses the MSPRP’s “go paperless” function at recent webinar

CMS held a webinar to discuss the Medicare Secondary Payer Recovery Portal’s (MSPRP’s) “Go Paperless” function.

3/24/2022 - 10 min read

Updated Workers’ Compensation Medicare Set-Aside (WCMSA) Reference Guide (Version 3.6) released – CMS makes further clarifications to its WCMSA EBMSA/non-submit policy and other updates

CMS makes what it terms as “clarifications” regarding the application of its EBMSAs and non-submit MSA policy as stated in Section 4.3 of the Reference Guide.

3/16/2022 - 2 min read

How insurers can improve demand package review results for injury claims

It takes substantial resources to get a complete picture of the medical history and relevant data in a case to properly review demand packages.

3/11/2022 - 1 min read

Medicare Secondary Payer recovery debts can now be paid using automated clearing house transactions

CMS has released a notice advising that MSP recovery debts may now be paid using ACH transactions.