No setoff provision
Uninsured Motorist Coverage: The Validity of Medical ...
Uninsured Motorist Coverage: The Validity of Medical Payment Setoff Provisions Don S. Smith ... The Validity of Medical Payment Setoff Provisions, 17 Tulsa L. J. 138 (2013). ... to limit his liability by inserting a "setoff" provision in the insurance policy. A "setoff" provision deducts from the insured's uninsured mo-
IS TAT ULE
argued the setoff provision was void and unenforceable pursuant to binding Wisconsin law and Wisconsin’s collateral source rule. The circuit court concluded the setoff provision was not a reducing clause and was thus valid and enforceable. The court reserved making a final decision on what, if any, payments may
[PDF File]GENERAL CLAUSES (Acquisition of Leasehold Interests in ...
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No setoff pursuant to this clause shall constitute a breach by the Government of this lease. 9. DELIVERY AND CONDITION (JAN 2011) ... Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its default, the Government may perform the service, provide the item, or obtain ...
[PDF File]UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ...
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secured claim to the extent of the amount subject to setoff. A creditor asserting the right to set-off in bankruptcy must establish that (1) it has a right of setoff under nonbankruptcy law and (2) this right should be preserved in bankruptcy under the Bankruptcy Code’s setoff provision.
[PDF File]Assignment of Claims - Department of Energy
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No Offset Provisions –Statutory provision (DoD, GSA, and DOE) allows inclusion of “no –setoff provision,” which protects assigned against setoff for: •Liability of the assignor arising independently of the contract •Liabilities for fines and penalties (except those imposed for contract non-compliance), taxes, or social security
[PDF File]FOR THE EASTERN DISTRICT OF PENNSYLVANIA NOLU PLASTICS ...
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3 Importantly, although the No Setoff Provision is unambiguous, Defendants cannot rely on it as a convenient means of avoiding their own obligations under paragraph seven. During an October 5, 2004 hearing before this Court, Defendants conceded that they have no personal stake
[PDF File]United States Office of the Associate Chief Washington D.C ...
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of the no-setoff provision may facilitate private financing of contract . Attachment Page 2 Bulletin OCFO 06-05 August 25, 2006 Excerpt from FAR, Sub Part 32.8, Assignment of Claims performance. However, in the event an offer or is significantly indebted to the
[PDF File]STATE OF MICHIGAN COURT OF APPEALS - State Bar of Michigan
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policy unambiguously provided for a setoff. Defendant Citizens also contended that, even if defendant Zervos misrepresented that there was no setoff provision, the statements of an independent insurance agent could not be imputed to the insurance company. Moreover,
[PDF File]shumanlaw.com
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Anti-Subrogation and Setoff Provisions in Tort Claims Acts, and Unsettled Federal Preemption Issues by Karen Tracy McElhinny and Paul D. Ellis gation provision that states "[a]ll actions filed against a political subdivision shall be filed in the name of the real party or parties of interest and in no event may
[PDF File]The Right of Setoff- What Does a Banker Need to Know?
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The Right of Setoff- What Does a Banker Need to Know? By Terri D. Thomas, JD tthomas@ksbankers.com Presented on February 10, 2016 10:00 a.m.-12:00 p.m. CST The information contained in this material and the accompanying presentation is designed for reference use only. It is presented with the understanding that Terri Thomas is not rendering
[PDF File]2017 HB 2104-Uninsured and Underinsured Motorist Coverage ...
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2017 HB 2104—UNINSURED AND UNDERINSURED MOTORIST COVERAGE AND INSURANCE SETOFF This memorandum discusses current law and statutory changes proposed by 2017 HB 2104 related to uninsured motorist (UM) and underinsured motorist (UIM) coverage and insurance setoff in Kansas, as well as various approaches taken by select states. “Setoff”
[PDF File]A Setoff Provision in Underinsured Motorist Coverage for ...
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setoff provision that provided that “the limit of liability for this coverage shall be reduced by all sums paid because of the ‘bodily injury’ by or on behalf of persons or organizations who may be legally responsible.” The insured made a demand for UIM benefits under the policy, but her insurer declined. The insurer asserted
[PDF File]The Affordable Care Act’s Uncertain Impact on Michigan’s ...
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The Affordable Care Act’s Uncertain Impact on Michigan’s No-Fault Act Michigan Bar Journal March 2014 20 he Affordable Care Act’s individ-ual mandate requiring the purchase of health insurance likely turns the No-Fault Act’s coordination of medical and no-fault benefits into a setoff of health insurance coverage. Michigan no-fault in-
[PDF File]B-221717 [Question Concerning Priority for Distribution of ...
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S 3727, and contained a no setoff clause. The clause stated: "[Playments to an assignee of any amounts due or to become due under this contract shall not to the extent specified in the Act, be subject to reduction or setoff." -On November 7, 1985, Mr. Kullhem executed an assignment of the described purchase order contract to the Security
No Safe Harbor Protection for Triangular Setoff Under Swap ...
the exercise of a contractual right of setoff in connection with swap agreements, notwithstanding the operation of any provision of the Bankruptcy Code that could operate to avoid or otherwise limit that right, provided the right exists in the first instance. The court reasoned that because there is no mutuality,
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