Topic
Materiality
117 published works
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 16 Volume 21 – Establish Materiality
By Barry Zalma
Establish Materiality To apply the Marine Rule, the adjuster must understand that because facts about prior claims and cancellations are so frequently misrepresented or concealed, when the adjuster first meets…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 16 Volume 18 – More on Materiality
By Barry Zalma
More on Materiality In the above case, Sogomonian misrepresented two material facts: that he had never incurred a prior loss and that he had never been refused insurance, or had…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 16 Volume 17 – Materiality
By Barry Zalma
Materiality The California Court of Appeal reaffirmed the general rule stated in the California Insurance Code that the test to determine materiality of facts misrepresented or concealed, when rescinding a…
Health Law Update
No Longer Implied: Supreme Court Expressly Recognizes Implied Certification as a Theory of Liability Under the False Claims Act
By W. Barron A. Avery, B. Scott McBride, John W. Petrelli
Court Rejects the First Circuit's "Expansive View" of the Theory by Articulating "Rigorous" Standards of Materiality Yesterday, the U.S. Supreme Court issued a long-anticipated decision on the viability of the…
The FCA Insider
Tenth Circuit Elaborates Upon FCA’s Materiality Requirement
The FCA’s implied certification theory is based on the concept that every time a payee submits a claim to the government it has impliedly certified compliance with all contractual, statutory, and regulatory…
FCA Update
Opening Brief Filed Before Fifth Circuit in Appeal of Largest False Claims Act Judgment
Trinity Industries filed its appeal brief before the U.S. Court of Appeals for the Fifth Circuit in U.S. ex rel. Harman v. Trinity Industries on March 21, 2016, appealing “the…
Inside the False Claims Act
FCA Deeper Dive: Materiality and the Government’s Decision To Pay
By Molly Ruberg
The FCA continues to be the federal government's primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we…
Delaware Chancery Law Blog
Post-Trulia Disclosure Settlement Approved – Management Projections Material
In the recent decision of In Re Trulia Inc. Stockholder Litigation, C.A. No. 10020-CB (Del. Ch. Jan. 22, 2016), which we discussed here, the Court made clear that disclosure-only settlements…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 8 – Volume 31 – Rescission – 7
By Barry Zalma
Rescission – 7 Materiality, as California Insurance Code section 334 tells us, must be determined solely by the probable and reasonable influence which the admittedly undisclosed information would have had…
Banking, Finance and Securities
PRA CRD IV updates
In its CRD IV update for June the PRA notes that on 29 June 2015, it confirmed that firms are required to comply with the European Banking Authority’s Guidelines on…