Insurance Law Developments

Could Possible Predictability Be Coming to Wilderness Therapy Coverage Disputes?Current trends in litigation regarding wilderness therapy coverage center on motion practice.  Courts have been unpredictable with granting or denying defendants’ motions to dismiss and motions for summary judgment, and recent case law does not provide much clarity or predictability. Predictability in dispositive motion practice is important, as the success of a dispositive motion can

The question of whether Mutual of Omaha discriminated against a gay man (John Doe) when it refused to issue a long-term care insurance policy due to the company’s practice of denying coverage to anyone using the HIV-prevention protocol Truvada, also called PrEP, is set to be decided by a Massachusetts court and may have an

A Letter from the Editors

Because each state’s laws related to insurance are unique and because federal courts’ application of ERISA to a set of facts can vary from circuit to circuit, there exist myriad nuances in the law as applied to life, health, disability and long-term care insurance. To address this somewhat amorphous area