News

The D.C. Council enacted legislation that declares void indemnification clauses in construction contracts that require a subcontractor to indemnify or hold harmless a contractor for a contractor’s sole negligence.  This law only applies to contracts executed on or after April 1, 2023.  The new law also prohibits contractors from requiring their subcontractors to purchase additional… read more

The Centers for Medicare and Medicaid Services (“CMS”) is permitted to impose a civil monetary penalty of “up to $1,000” per day for a liability insurer’s failure to comply with reporting requirements with respect to settlements of third-party liability claims with Medicare beneficiaries.  In October 2023, CMS adopted regulations specifying when and how it will… read more

CLIENT ADVISORY PENNSYLVANIA CLIENT ADVISORY Pennsylvania Supreme Court upholds preclusion of evidence of a product liability defendant’s compliance with industry and governmental safety standards. In a much-anticipated decision, Sullivan v. Werner Company, No. 18 EAP 2022 (Pa. Dec. 22, 2023), the Pennsylvania Supreme Court has ruled that product liability defendants may not introduce evidence of… read more

On May 8, 2023, Maryland’s Governor approved House Bill 128.  For private passenger vehicle insurance policies, the Bill converts enhanced underinsured motorist coverage (“EUIM”) from opt-in coverage to opt-out coverage. By way of background, Maryland first enacted optional EUIM coverage during its 2017 legislative session.  The law applied to private passenger vehicle policies dated July… read more

Below is a summary of laws passed during the 2023 Legislative Session, along with certain provisions of the Virginia Code enacted in prior legislative sessions, which will take effect this year.  2023 Va. Chapter 321 (HB 1495/SB 1216: “Transportation network companies; uninsured and underinsured motorist coverage.” The above bills require transportation network companies, commonly referred… read more