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John M. Kirby

Integon Insurance v. Helping Hands Specialized Transport

In Integon Insurance v. Helping Hands Specialized Transport the Court of Appeals (on 5/6/2014), the court held that an automobile liability policy covered a claim arising when the claimant fell (or slid) in a wheelchair while being lifted up stairs, after being removed from the vehicle insured under the policy.

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John M. Kirby

Medicaid Lien: Wos v. E.M.A. (formerly Armstrong v. Cansler)

On March 20, 2013, the United States Supreme Court held that North Carolina’s statutory scheme for handling Medicaid liens violates federal law. The opinion in Wos v. E.M.A. the federal anti-lien provision pre-empts North Carolina’s irrebuttable presumption that one-third of a tort recovery is attributable to medical expenses.

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