Tag Archives: liability insurance

Court of Appeal decides cap and collar does not fit

The NSW Court of Appeal delivered judgment on 16 May 2018 in Weir Services Australia v AXA Corporate Solutions Assurance [2018] NSWCA 100. The Court considered the nature of a cap and collar agreement between Weir Services Australia (Weir) and AXA Corporate Solutions Assurance (AXA) and the characterisation of a liability to be indemnified pursuant to broad form liability insurance policy.

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Medicare Secondary Payer Compliance: Non-Group Health Plans (NGHPs) (Part IV)

Our next blog installment turns to Non-Group Health Plans (NGHPs). While the reporting requirements for Group Health Plans are largely uniform, the same cannot be said for NGHPs. If professionals are not aware of the requirements and the potential consequences, these distinctions can lead to confusion, or worse, to double damages and a minimum fine of $1000 per day per unreported beneficiary. The most recent NGHP policy guidance covers several forms of liability insurance (including self-insurance), no-fault insurance, and workers compensation in several states of existence and decay, such as NGHPs that are in bankruptcy, those that are acquired by larger entities, those that are in the liquidation process, and those that are general self-insurance pools.[1]  Although we cannot cover every conceivable variation here, we set forth below what NGHPs are and what generally they will be required to report, so that counsel and compliance professionals can identify whether their organization is affected.

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