State False Claims Acts can add sharp teeth
Article Abstract:
The False Claims Act is very useful at the federal level and several states have already recognized the value of such a law at their level. State-level false claims laws would follow the trend of moving federal programs to the states. As states control more of the national budget, they will have to oversee contracts worth more money than they are used to handling. Declining state budgets will mean fewer investigators of such programs, increasing the need for a state false claims act as it depends on citizen deputies. State legislators can point to the success of the federal law in trying to enact their own false claims laws.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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It is a mistake to view insurance policies as self-executing; most companies can preserve coverage for their future claims by providing 'notice of circumstances.'
Article Abstract:
Most liability insurance policies have a notice-of-circumstances provision under which it is possible to lock in coverage. This is also true of directors' and officers' policies. This locking in provision provides certainty and also guards against the subsequent introduction of a new exclusion. Notices must be timely and most notice provisions specify the scope of the information sought. Once the company discovers circumstances which could lead to claims, it must decide whether to take advantage of the notice-of-circumstances provision.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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EPL policies cover the claims of employees; such specialty policy insurance often excludes 'wilful' acts
Article Abstract:
The employment practices liability (EPL) policy is a new kind of liability insurance which has emerged as employers face the huge costs which come with ever-increasing emmployment-related litigation. Approximately 20 companies now provide EPL coverage. Among the factors employers should review in a policy before purchase are the covered individuals, the scope and triggering of coverage, the deductibles and the liability limits. Insurance companies will consider factors including loss history, work force statistics and labor contracts.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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