Adam V. Russo | July 9, 2010
This year’s lone felony/intoxication case raises an interesting question: when is driving under the influence a felony? In Kay-Woods v. Minnesota Life Insurance Co.,13 the insured died in a single-vehicle accident while driving with a revoked license and under the influence of alcohol and cocaine. The policy provided that benefits would not be paid if [...]
Adam V. Russo | February 23, 2010
Illinois. The Illinois Supreme Court has struck down a medical malpractice law enacted in 2005 that limited monetary damages for pain and suffering to $1 million from hospitals and $500,000 from doctors. The court said the law violates the state’s separation-of-powers clause between the branches of government by allowing lawmakers to interfere with a jury’s [...]
Adam V. Russo | August 15, 2008
ERISA preempted an Illinois state law outlawing any claim on a workers’ compensation award, because the law related to benefits plans regulated by ERISA, a federal trial court decided. As a result, an employer may seek reimbursement of group health plan funds from workers’ compensation awards. The health plan paid the expenses before a determination [...]
