Insights

Origins of Federal Rule of Civil Procedure 7.1 Since 2002, Rule 7.1 has required nongovernmental corporate parties in federal court to file a disclosure statement that either: identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock; OR states that there is no such corporation. The intent of Rule 7.1 was to alert judges of potential financial interests…

Note: This is an update to a previously published post. A Maryland Court of Special Appeals opinion that set Maryland precedent on business interruption losses due to COVID-19 is part of a national trend. Several courts have ruled in favor of insurers on the issue of whether losses incurred from government COVID-19 restrictions are covered by commercial property insurance policies. Background In May, the Maryland…

Effective July 1, 2022 the West Virginia Office of Judges, which was previously the first step in the litigation process following the issuance of a protestable order by the claims administrator, ceased handling new protestable orders. With any and all protestable orders issued July 1, 2022 and thereafter, the prior Board of Review replaced the Office of Judges and is now the initial step in…

The West Virginia Office of the Insurance Commissioner has issued the new state average weekly wage for fiscal year 2023 (dates of loss: 7/1/22 – 6/30/23). For injuries occurring on or after July 1, 2022, the following maximum weekly workers’ compensation rates are effective in West Virginia: Temporary total, permanent total and vocational rehabilitation benefits: $957.40 (paid at two thirds of the claimant’s average weekly…

On February 8, 2022, the Maryland Court of Appeals considered whether the difference between an injured person’s fair and reasonable value of medical provider bills and the payment of those bills made by a workers’ compensation insurer constitutes a “benefit” that the injured person has “recovered” under the Maryland Workers’ Compensation Act. At issue was whether this amount should be offset against any recovery that…

During its 2022 session, the Virginia General Assembly passed—and the Governor signed—Senate Bill 550, changing the law governing Virginia construction contracts. Specifically, SB550 amends §§ 2.2-4354 and 11-4.6 of the Virginia Code to eliminate or prohibit “pay if paid” clauses while requiring “prompt payment” clauses in public and private construction contracts. A contractor cannot require payment by the owner as a condition to paying lower-tier…