Fifty years ago, indemnification was predominately a contractual arrangement between two parties. The contract allowed the parties to define their relationship should a claim be made involving their transaction.
It was not until 1967 that the Legislature enacted legislation in order to set forth the public policy of this state, while still acknowledging that
parties were entitled to enter into contractual indemnity agreements as they saw fit. It was declared that the public policy of the State of California, due to the increasing use of hold harmless agreements in construction contracts protecting the general contractors from liability, would be that contractual indemnity agreements would be honored except in situations where the indemnitee was solely negligent or engaged in willful misconduct.
Published in: Claims Management MagazineIn personal injury cases, Medicare has a right to reimbursement for Medicare benefits already received or that may be received for future medical care. If plaintiff or plaintiff’s counsel does not reimburse Medicare, the defendant’s liability insurer may be on the line.
When handling personal injury suits, defense counsel should keep in mind three critical issues if there is a potential for Medicare to have an interest. First, the release should explicitly state that the parties have considered Medicare’s interests. Second, the insurance carrier must report the settlement or verdict to Medicare. Lastly, the litigation file should document the consideration of Medicare’s interests and possibly obtain a judicial finding as to the quantification of those interests.
Gray·Duffy, LLP recently announced that David S. Fisher joined the firm as a partner in the Encino office. Mr. Fisher has more than 25 years of experience handling complex real estate and business litigation and transactions, representing private lenders, developers and investors.
Common Issues in Construction Defect Claims
Gray·Duffy recently updated its comprehensive syllabus of common issues in construction defect claims to reflect 2012 case law.
The syllabus is provided as a resource to keep our clients abreast of issues that impact the construction defect industry.
To read past issues of Gray Matters and test your knowledge with “So You Think You Know The Law”, please visit our newsletter archives.
Gray Matters is provided for informational purposes only, and the contents are not intended and should not be construed as legal advice.
So You Think You Know The Law
Medicare Liability & Settlement Releases
1) In order to collect reimbursement of Medicare benefits paid on behalf of an injured plaintiff,
Medicare may either file a subrogation action or intervene if the plaintiff and defendant are stillin litigation.Trueor False
2) A plaintiff may be required to turn over his or her settlement received from the defendant’s insurer to satisfy the subrogation rights of Medicare program, even though settlement did not make the patient whole because of tortfeasor’s filing for bankruptcy.Trueor False
3)The statute of limitations for the government to prosecute Medicare recovery claims is 5 years.True or False
Gray·Duffy Selected to California’s Top Ranked Law Firms
Gray·Duffy, LLP has been recognized as one of California’s Top Ranked Law Firms by Martindale-Hubbell. California’s Top Ranked Law Firms features an elite group of law firms in which one out of every three attorneys has achieved Martindale-Hubbell’s® AV Preeminent® rating. Only 222 firms in California have attained this ranking.
Gray·Duffy Offers Seminars for Clients
As a service to our clients, Gray·Duffy regularly offers complimentary seminars on a variety of topics.
Topics include, but are not limited to:
–Indemnification on commercial building projects: Responding to new changes in the law.
–How to handle notice of insurance carrier liquidations.
–Early exit and resolution strategies in personal injury cases.
If you are interested in scheduling a presentation in your offices, please contact
Gary Gray
at
Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.
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