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Recreational Incidents Liability Insurance And Judicial Interpretation For Fee Access Activities On Nonindustrial Private Forest Lands In Mississippi, Sangita Pokharel

Theses and Dissertations

Private landowners refrain to open their land for recreational users in the fear of potential liability. This study covered the extent of liability, actual bodily injuries and property damages sustained by hunters and anglers in Mississippi. In order to aid for comparison, the study was divided in two sections. First it examined the risk and liability in fee access recreation through the review of court cases from 1904 to 2005. Second study explored the extent of actual bodily injuries and property damages sustained by hunters and anglers in Mississippi during 2002/03 to 2004/05 using telephone survey. It was found that …

0555 Health Care Task Force, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Natural Disaster Risks: An Introduction, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

An introduction to a special issue of the Journal of Risk and Uncertainty dealing with the implications of catastrophic events for research on risk and uncertainty. What are the consequences of natural disasters? How do individuals and firms respond to such disasters? How do insurers respond, and how should the government respond? Several of these papers will have a strong normative component as they will suggest what actions individuals, firms, and the government should take in anticipation of natural disasters.

Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson

Northern Illinois University Law Review

The medical malpractice insurance "crisis" results not from out-of-control juries or overly-litigious plaintiffs and their attorneys, but rather is simply the result of epidemic levels of negligence among physicians. The myth that the liability system is to blame for high premiums facing doctors creates opportunities for insurance companies to restrict plaintiffs' access to courtrooms and to limit the amount of compensation they may receive after proving negligence. This article examines and debunks the leading myths regarding the so-called "crisis" and presents several suggestions that may improve the healthcare provided to patients nationwide.

Redefining The ‘Doctrine Of Insurable Interest’ For Life Insurance – The New Dimensions!, Manmeet Singh Rai Mr.

Manmeet Singh Rai Mr.

No abstract provided.

Insurance Against Misinformation In The Securities Market, Tom Baker

All Faculty Scholarship

Prepared at the request of the Task Force to Modernize Securities Legislation in Canada, this study describes and evaluates evaluate a new capital markets insurance concept: securities misinformation insurance. This new insurance would compensate investors for losses caused by securities law violations. The most powerful objection to this new concept is that investors do not need a new insurance program for securities misinformation losses. Individual and institutional investors already can spread securities misinformation losses by holding a diversified portfolio. Nevertheless, a securities misinformation insurance program has the potential to provide systemic benefits: improved compliance with securities laws (resulting from cost …

How To Enroll In Medicare Part D Prescription Drug Insurance After May 15, 2006, Elizabeth E. Gorham, Nancy J. Pauly

SDSU Extension Extra Archives

If you did not meet the May 15, 2006, deadline for open initial enrollment in Medicare Part D Prescription Drug Insurance, what can you do to get enrolled? This depends on your income, Medicare enrollment status, existing prescription drug coverage, and possible change of residence. Find the statement that best describes your situation to determine your options for enrollment in Medicare Part D.

How To Activate Medicare Part D Prescription Drug Insurance, Elizabeth E. Gorham

SDSU Extension Extra Archives

This document provides information on how to activate Medicare insurance, specifically in Part D Prescription Drug insurance.

Addressing The Medical Malpractice Insurance Crisis: Alternatives To Damage Caps, Carrie Lynn Vine

Northern Illinois University Law Review

This article examines the history of damage caps as a means of tort reform and their effect on past medical malpractice crises. The article then proposes alternative solutions for future reform. Statistical evidence is presented demonstrating that damage caps are an ineffective means of reducing malpractice insurance premiums because they do not address the underlying causes of rising premiums. "Malpractice crises" correlate with market fluctuations and changes in the supply and demand of malpractice insurance, rather than with any increase in malpractice litigation or verdicts. In order to address the economic source of malpractice crises, the author proposes two alternative …

The Three Faces Of Retainer Care, Frank A. Pasquale

ExpressO

Retainer care arrangements allow patients to pay a fee directly to a physician’s office in order to obtain special access to care. Practices usually convert to retainer status by concentrating their attention on a small panel and dropping the majority of their patients. Proponents call retainer care a triumph of consumer-directed health care; opponents deride it as “boutique medicine.” Both sides are deploying a variety of legal tactics in order to attain their goals.

After surveying these conflicts, this article clarifies what is at stake by analyzing the three key features of retainer care: preventive care, queue-jumping, and amenity-bundling. Most …

Life Insurance As A Source Of Long-Term Savings In Nigeria: Regulator's Perspective., O. E. Chukwulozie

Bullion

Life insurance is an insurance contract in which the insured transfers, and the insurer assumes, the risk of death for a specified period of time. As in other insurance businesses, the insured transfers the risk to the insurer, and receives a life insurance policy, upon payment of a premium. The paper outlines the intrinsic benefits of life insurance, assess its performance in the Nigeria situation and examine what a regulator could do to facilitate its development. The paper reveals that, It was observed that there is an ongoing recapitalisation and consolidation programme which would boost the paid up share capital …

Contra Proferentem: The Allure Of Ambiguous Boilerplate, Michelle Boardman

Michelle Boardman

No abstract provided.

Finding The Sweet Spot: A Two Industry Study Using The Zone Of Tolerance To Identify Determinant Service Quality Attributes, Srinivas Durvasula, Antonio Lobo, Steven Lysonski, Subhash Mehta

Marketing Faculty Research and Publications

This paper makes a detailed comparison of two major financial services in Singapore: life insurance and stockbrokerage. Relationships of perceptions and expectations of service quality, mean service adequacy (MSA) and mean service superiority (MSS) with service satisfaction and loyalty are examined. Results indicate that the reliability aspect of service quality is strongly related to satisfaction and loyalty in the stockbrokerage industry, while the assurance aspect of service quality enjoyed a similar status in the life insurance industry. Results also confirm that while MSA and MSS both drive satisfaction and loyalty, perceptions of actual service have the strongest correlations with those …

Determinants Of Care Seeking For Persons With Low Back And Neck Pain Treated By Physicians, Chiropractors Or Physical Therapists, Julia Chevan

Theses and Dissertations

Low back and neck pain are frequent reasons for adults to seek healthcare. Three types of practitioners are commonly used in the United States: physicians, chiropractors and physical therapists. In this study, Andersen's "Behavioral Model of Health Services Utilization" is used to examine care seeking and provider selection. Estimates of back and neck pain prevalence in the United States are presented as well as care seeking rates and care consumption estimates for patients who used the three providers of interest. Multivariate regression analyses are presented that model the variables that most influence care seeking and provider selection.Cases with the conditions …

Factors Associated With The Provision Of Coronary Heart Disease Preventive Careservices, Patricia Carcaise-Edinboro

Theses and Dissertations

The Anderson and Aday access framework (1974) is utilized to investigate the association of individual and community level, predisposing, socio-demographic, and enabling factors, on potential and realized access to coronary heart disease (CHD) preventive care. The cross-sectional study is based on a sample of adults age 18-85 from the Medical Expenditure Panel Survey (MEPS) who were identified with CHD risk or who had a CHD diagnosis.Variables from the MEPS and the Area Resource File (ARF) are used to test logistic regression models for dependent variables measuring primary and secondary CHD preventive care services. The primary preventive care measures include blood …

The Limitations Of Legislatively Imposed Damages Caps: Proposing A Better Way To Control The Costs Of Medical Malpractice, Nancy L. Zisk

Seattle University Law Review

This Article considers whether state damages caps are constitutional and examines recent studies suggesting that damages caps are not achieving their intended goals. Given the mounting evidence against the effectiveness of damages caps and the questions about their constitutional validity, this Article proposes moving away from legislative caps on damages. Instead, this Article argues for a modified market model based on a combination of improved care, which would include improvements in service; better peer review; and, if necessary, legislation which would be designed to protect the confidentiality of peer review, reduce frivolous lawsuits, and regulate insurance rate increases. Part II …

Regulating The Business Of Insurance: Federalism In An Age Of Difficult Risk, Robert H. Jerry Ii, Steven E. Roberts

UF Law Faculty Publications

Although the United States has not established a much-needed and increasingly discussed national catastrophe policy, most significant points in current risk management strategies involve significant federal coordination and control. The authors suggest that a regulatory model that defers to the states with respect to the regulation of the insurance aspects of difficult risks is no longer viable, and an enhanced federal role in insurance regulation specifically -- and in risk management more generally -- is both necessary and appropriate with respect to difficult risks.

The Court Of Appeals For The Fifth Circuit 2004-2005 Disposition Of Insurance Decisions: A Survey And Statistical Review, Willy E. Rice

Faculty Articles

he Court of Appeals for the Fifth Circuit decided twenty-four insurance-related cases between June 2004 and April 2005. Those cases originated in nine federal district courts. Unlike its 2002-2004 rulings, the Court of Appeals did not decide any exceptionally novel or complex substantive or procedural questions. In fact, the Fifth Circuit issued four extremely short per curiam decisions, and in two other cases, presented brief analyses and dispositions of statutes-of-limitations and exhaustion-of-administrative-remedies questions under Louisiana’s law. Although the remaining eighteen cases present a diverse body of law and legal issues, only the more novel and highly questionable Fifth Circuit insurance …

A Needs Assessment For Annual Physical Examination For Selected Richmond Public School Children, Aimee Gibbs

Theses and Dissertations

Introduction: The following risk factors have found to be associated with inadequate health care and have been found to affect the well-being of children: racial or ethnic minority, poverty status, median family income, family structure of household, maternal education level, and parental employment status. Also, there has found to be health indicators including, teen pregnancy, asthma hospitalization, and lead poisoning cases that affect the well-being of a child and are associated with the presence of these risk factors in a population. Objectives: The objectives of this study is to (1) compare the presence of risk factors and health indicators in …

Too Big To Fail: Moral Hazard In Auditing And The Need To Restructure The Industry Before It Unravels, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

Large audit firms may believe that they are too big to fail. Arthur Andersen's 2002 criminal indictment reduced their number from five to four, and the government decided in 2005 to avoid indicting KPMG for crimes it admitted committing. If audit firms interpret the government's reluctance to indict as signaling aversion to tough action against them, moral hazard arises. This offsets auditing improvements mandated by the Sarbanes-Oxley Act of 2002 that are designed to strengthen auditors' reputations with managers for thoroughness and improve financial statement reliability. Neutralizing this moral hazard requires a credible alternative industry structure so that when a …

Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes

Seattle University Law Review

On August 1, 2005, significant amendments to the Washington Condominium Act (WCA) became effective. These amendments were intended to substantially reduce water infiltration in multiunit residential buildings and to simplify the condominium construction dispute resolution process. The heart of the amendments is the implementation of alternative dispute resolution (ADR) procedures, as well as fee-shiftingprovisions which require the non-prevailing party to pay the attorney fees and costs of the prevailing party. A decade of lawsuits brought under the WCA by condominium owners associations against builders and developers, and in turn by builders against subcontractors, alleging defects in the ability of the …