Bankruptcy Preference Payment Disputes
This brochure discusses the law of Section 547 of the Bankruptcy Code, which governs the treatment of a debtor’s pre-petition payments and other property transfers, and the powers of the bankruptcy trustee to avoid and recover such transfers. The brochure is focused on the defense of such avoidance claims, and the law relating to the exceptions to the trustee’s avoidance powers.
Insurance Issues in Bankruptcy
This brochure discusses several of the key issues that insurance companies and agents face when an insured files a bankruptcy petition. The topics covered include the automatic stay, post-petition/administrative claims, setoff and recoupment, assumption or rejection of an insurance contract, preferential transfers, and non-dischargeability of a debt due to fraud.
ERISA: An Outline of the Law of the Employee Retirement Income Security Act
This handbook summarizes the key statutory provisions and case decisions concerning the federal Employee Retirement Income Security Act of 1974 (ERISA). The brochure is focused on the law concerning claims under group insurance programs and other employee welfare benefit plans.
Recent Developments in ERISA, Life, Health and Disability Insurance Law in Massachusetts
This brochure summarizes the rulings in key reported decisions of the federal and state courts in Massachusetts since 1995 concerning the Employee Retirement Income Security Act (ERISA) and life, health and disability insurance law.
Recent Developments in Environmental Claim Coverage Law in Massachusetts
This brochure summarizes the rulings in key reported decisions of the federal and state courts in Massachusetts since 1997 concerning insurance coverage of environmental claims.
Judgment Enforcement and Debt Collection: Practice and Techniques
This handbook focuses on the collection of debts and unpaid judgments in Massachusetts. The handbook summarizes the law and offers practice tips for dealing with situations where the debtor claims that it is unable to meet its obligations, but the client suspects that the debtor has in some way hidden or transferred its assets so as not to pay its obligations. The topics covered include fraudulent transfers, piercing the corporate and trust veil, corporate successor liability, and prejudgment attachments and trustee process.
The Freedom of Information Act (FOIA) and Public Information Source Investigation
This handbook discusses practice and procedure under the U.S. Freedom of Information Act (FOIA) and the use of public agency sources to obtain information for use in insurance claims handling and litigation.
Employees and Independent Contractors
Determining whether a worker is an employee or an independent contractor is an issue that arises with increasing frequency, particularly in the context of workers compensation insurance. This brochure summarizes Massachusetts law on the subject and might be of interest to insurance company auditors, claim representatives and attorneys.