Digital Commons Network^™

Piercing The Shield Of U.C.C. Article 4a: Estate Of Levin V. Wells Fargo Bank’S, Implications For Terrorism Victims’ Attachment Of Blocked Electronic Wire Transfers Originating From State Sponsors Of Terrorism, Olivia Lu

University of Miami Business Law Review

This Piece examines how ambiguity in the property interests that would be subject to attachment under section 201 of the Terrorism Risk Insurance Act (“TRIA”) and section 1610(g) of the Foreign Sovereign Immunities Act (“FSIA”) has affected efforts by victims of terrorism to fulfill their monetary judgments, especially in light of courts’ use of Article 4A of the Uniform Commercial Code to fill the definitional gap. This Piece focuses on a recent D.C. Circuit decision, Estate of Levin v. Wells Fargo Bank, N.A., analyzing its implications for terrorism victims holding monetary judgments to attach blocked electronic funds transfers (“EFTs”) originating …

Quantifying The Role Of Insurance In Tornado-Impacted Community Recovery: A Survey And Simulation-Based Approach, Jie Zhao, Ji Yun Lee, Guirong Grace Yan, Fangjiao Ma

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Insurance against disasters plays a critical role in community recovery by providing policyholders with reliable and timely payments for repairing or reconstructing damaged houses. By allowing homeowners to transfer risk, insurance enables homeowners to address house without experiencing significant financial burdens. Although historical events have highlighted the importance of insurance, its quantitative impact on community recovery, particularly in tornado-impacted communities, is understudied. This study focuses on advancing our understanding of whether sufficiently insured houses can have a positive impact on the recovery of tornado-impacted communities (i.e., the main research question). This paper proposes a two-stage simulation framework to quantitatively evaluate …

Reconceiving Tort Law And The Role Of Insurance: Achieving Mutual Accountability, Grace Hong

CMC Senior Theses

Despite insurance being a deciding factor in whether liability is found in tort cases, it is not always reflected in tort theories and court opinions. In this paper, I offer a framework for reconceiving the role of insurance in tort law. To achieve this, I outline where insurance falls into instrumental and non-instrumental theories and why non-instrumental theories are more persuasive. After establishing this, I move to Goldberg and Zipursky’s civil recourse theory and delineate how similarities between the right to vote and right of action indicate parallel problems with failures to comprehend lack of access to the political process …

Structural Sex Discrimination: Why Gynecology Patients Suffer Avoidable Injuries And What The Law Can Do About It, Christopher Robertson, Annabel Kupke, Louise P. King

Faculty Scholarship

The nearly four million Americans who undergo gynecological surgeries each year suffer avoidable lifelong, painful, and disabling injuries. This Article diagnoses the root cause in our legal framework for healthcare finance and identifies legal solutions.

America’s public-private system for reimbursing healthcare pays for procedures rather than outcomes, and it pays substantially more for work on male rather than female anatomies. This disparity is due to the federal government’s reliance on a secretive industry committee to set those rates, and the committee’s reliance on junk science surveys, allowing self-interested and gender-biased responses, contrary to objective measures.

As payors disvalue the bodies …

A Descriptive Analysis Of Risk Management Revenue And Expenditure Trends For Historically White Men’S College Social Fraternities, Ashley Tull, Zhan Shi, Dani Myers, Carson Flynn

Journal of Sorority and Fraternity Life Research and Practice

Historically White men’s social fraternities are at the center of college and university life on many campuses. They have also been a place for high-risk activities such as alcohol consumption, hazing, sexual misconduct, and other health, safety, and wellness issues. Current risk management mitigation activities are addressed in the literature review that follows. This descriptive study examined the rising costs associated with insuring against high-risk issues for 32 historically White inter/ national fraternities. Results indicated a 7.2% year-over-year average annual percentage increase for each organization in the study and a 72% average annual percentage increase for the period studied (2010-2018). …

Is Tenure Enough?: Reproductive Healthcare And Academic Precarity, Lisa Vandenbossche

ABO: Interactive Journal for Women in the Arts, 1640-1830

This piece focuses on insurance and parental leave. While it feels like we know in the abstract that insurance and leave policies are important concerns for faculty members, and employees across all industries, conversations about them by and large taken place in informal settings – through mentorship or personal conversations between friends. In reconstructing these informal information networks, this article seeks to make visible ways that leave policies impact career decisions by women academics. We need to start seeing employee benefits as a reflection of institutional values, to ask about them when considering employment, and to have these conversations with …

Twisted Machines: Police Pursuit Policy And Accountability, Madeline Hedrick

Journal of the National Association of Administrative Law Judiciary

Part I of this comment will examine the cultural and legal approach to high-speed pursuits exemplified in Los Angeles—the national center of televised car chases. Part II will unpack the thorny judicial doctrine of qualified immunity and evaluate how it impacts the incentives and accountability of police pursuits. Part III will examine who pays for the lawsuits that survive qualified immunity and the role insurance companies have in the facilitation of police reform. In Part IV, this comment will examine the qualified immunity bills in New Mexico and Colorado, the nationwide example they set, and the pushback they have received. …

Association Between Frequent Mental Distress And Insurance Status Using The 2022 Brfss, Christina Clayson

Capstone Experience

Objectives

Determine if there is a direct relationship between frequent mental distress and health insurance coverage.

Methods

Data from the 2022 BRFSS was used to calculate adjusted percentages. Crude odds ratios for both mental distress and insurance coverage. Multivariate analysis calculated crude and adjusted odds ratios for frequent mental distress by insurance coverage with income as a covariate.

Results

Individuals reporting frequent mental distress had lower income, less education, and were younger. Individuals without health insurance were more likely to be younger, Hispanic, and not have graduated high school. There was no significant association between frequent mental distress and not …

Esg Scores Impact On U.S. Insurance Companies’ Financial Performance, Franceska Xhafa

Doctoral Dissertations (DBA)

This paper examines the impact of Environmental, Social, and Governance (ESG) scores on U.S. insurance companies' financial performance and is among the first to do so. The existing literature has sundry conclusions on whether there is any impact; this study intends to add to the existing literature to elucidate an answer. In this study, the financial ratio, net profit margin, is used as the dependent variable. The ESG score, governance score, and governance metrics such as the number of independent directors on the audit committee, size of the compensation committee, board size, and the number of executives are used as …

Assessing How Children Modify The Impact Of Having Health Insurance On Smoking Status Using The 2021 Behavioral Risk Factor Surveillance System Survey, Zak Lippert

Capstone Experience

Objective: To understand if children living in the home modify the relationship between health insurance and smoking.

Methods: This analysis used the 2021 Behavioral Risk Factor Surveillance System Survey. The outcome was being a current smoker with health insurance as the exposure. The analysis was stratified by children to determine if children changed how having health insurance impacted smoking. The odds ratios for each stratum were compared to determine if children was a modifying factor.

Results: Children had a modifying effect on health insurance. For someone with children, if they had insurance, their odds of smoking were 0.91 (95% CI: …

A Tale Of Two Situations: A Case Report Of The Merger Between Dermatology Outcomes And Prescription Drug Access, Kara Ye, Yasseen Amellal, Will Evans, Theresa Rohr-Kirchgraber

Cooper Rowan Medical Journal

This case report illustrates a case of guttate psoriasis in a young adult and the logistical role dermatologists can play in patients acquiring their prescriptions and improving the quality of their care.

The Effectiveness Of Pasture, Rangeland, And Forage Insurance, Jonathon Frost

All Graduate Plan B and other Reports, Spring 1920 to Spring 2023

This thesis research tests the historical usefulness and desirability of pasture, rangeland, and forage insurance for ranchers in Utah. PRF insurance is specifically for ranchers who own livestock and rely on their livestock to graze in the fields for food consumption. If there is inadequate precipitation, there will be less grass growth for livestock which causes ranchers to purchase hay, leading to higher feed costs. It is similar to other insurance policies requiring premium and indemnity payments. By analyzing the historical payments, a decisive conclusion can be made that PRF suits both ranchers and USDA policymakers. Other studies that discussed …

Socioeconomic Disparities Exist In Access To Rotator Cuff Repair Surgery, Justin Solarczyk, Heather Roberts Md, Stephanie Wong Md, Derek Ward Md

Journal of Health Disparities Research and Practice

Background: The relationship of socioeconomic disparity in access to rotator cuff repair (RCR) has not been well studied. Socioeconomic, racial, and ethnic disparities in access to surgical management of rotator cuff tears have previously been described in patients with commercial insurance. This study is a population-level analysis which investigates racial and ethnic disparities in access to surgical rotator cuff repair across multiple health insurance statuses.

Purpose: (1) Is non-white race and ethnicity associated with lower rates of RCR? (2) Do these associations change throughout different insurance statuses?

Methods: We used the Healthcare Cost and Utilization Project (HCUP) database to identify …

Modelling Climate Litigation Risk For (Re)Insurers, Martin Lockman

Sabin Center for Climate Change Law

In response to the growing threat of climate change, the insurance industry has made significant investments in modelling and quantifying physical climate risks. However, the emerging risk of climate litigation has proven particularly difficult to model. In 2015 Mark Carney, then-Governor of the Bank of England and Chairman of the Financial Stability Board, warned that climate litigation poses “long-tail risks” for insurers that may be “significant, uncertain and non-linear.” Since that warning, the number of climate-related cases has more than doubled, and the scope and financial significance of climate litigation has become increasingly clear. However, insurers and regulators still struggle …

The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim

University of Miami Inter-American Law Review

Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …

The System Of Civil Liability Standard For Injuries Resulting From Driverless Vehicles: A Comparative Study Under Uae And Comparative Laws, Maamar Bentria Dr., Muorad Seghir Dr

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

levels, it is expected that this new generation of our vehicles will invade our markets, more than ever before. Even if the goal of this Driverless car is to achieve the highest levels of safety, comfort and sustainability, and to reduce human errors that find their source in human mistakes, the safety of using this vehicle on our roads still raises doubts. This contribution started from the fact that today's driverless vehicles are still in need of a civil liability rules, and compensation system that would effectively address the problem of attribution of damages to these vehicles, especially with the …

The System Of Civil Liability Standard For Injuries Resulting From Driverless Vehicles: A Comparative Study Under Uae And Comparative Laws, Maamar Bentria Dr., Dr. Muorad Seghir

UAEU Law Journal

The development of vehicle automation systems has reached very high levels, it is expected that this new generation of our vehicles will invade our markets, more than ever before. Even if the goal of this Driverless car is to achieve the highest levels of safety, comfort and sustainability, and to reduce human errors that find their source in human mistakes, the safety of using this vehicle on our roads still raises doubts. This contribution started from the fact that today's driverless vehicles are still in need of a civil liability rules, and compensation system that would effectively address the problem …

A Realistic Path Towards A More Affordable Healthcare System For The United States, James Loome

Honors Theses

This study was performed in order to try to discover ways in which the American healthcare system can improve and become more affordable for its citizens. The main focus was to see how implementing a universal healthcare system could benefit the United States. I analyzed aspects of many different universal healthcare system structures and chose aspects that I think should or should not be included in a revised version of the US healthcare system. There was a strong focus on the aspects of Japan and Costa Rica’s healthcare systems. I also pointed out weaknesses in the US healthcare system that …

Consumer Reaction To The Use Of Artificial Intelligence Chatbot On Distribution Of General Insurance In Singapore, Lai Hing Tan

Dissertations and Theses Collection (Open Access)

As technology rapidly permeates all aspects of our lives, it is not unusual to question and even challenge the rationale on why certain industries are slower to adapt to the new digital age. Insurance is a business that is under scrutiny given its traditional ways of selling and legacy challenges. Why is technology investment in insurance companies lagging others? One emerging technological disruption is artificial intelligence (AI). It is the science of designing and building intelligent systems that can complete tasks traditionally performed by humans. AI is expected to fundamentally transform today’s marketplace, for businesses and consumers alike. However, because …

Provider Perspectives On Mississippi's Child Care Payment Program, Katherine Broten

Honors Theses

The Mississippi Child Care Payment Program allocates public dollars from the Child Care Development Block Grant to decrease the cost of child care to qualifying Mississippi families. The purpose of this research is to examine how the coronavirus pandemic and ensuing policy changes from the state of Mississippi shaped child care providers' experience with the Child Care Payment Program. By surveying child care providers, this researcher assesses to analyze the effectiveness of the program and determines remaining what areas of need. Please note that this research applies to policies prior to the 2023 revision to the Child Care Payment Program …

Using A Distributive Approach To Model Insurance Loss, Kayla Kippes

Student Research Submissions

Insurance loss is an unpredicted event that stands at the forefront of the insurance industry. Loss in insurance represents the costs or expenses incurred due to a claim. An insurance claim is a request for the insurance company to pay for damage caused to an individual’s property. Loss can be measured by how much money (the dollar amount) has been paid out by the insurance company to repair the damage or it can be measured by the number of claims (claim count) made to the insurance company. Insured events include property damage due to fire, theft, flood, a car accident, …