Law Commons^™

Illegal Discrimination In Health Insurance, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Insurance, Maximilian A. Pock

Mercer Law Review

A few prefatory and quite impressionistic observations seem warranted. The annual stream of substantive "insurance" cases, and cases that have an "insurance" integument, continues unabated. Georgia has definitely joined the ranks of "tastemaker" states that have a decided influence on the evolution of insurance law, as is evidenced by the frequent appearance of Georgia decisions in our leading law school casebooks.

The new user-friendly "easy reading" policies are surfacing in ever increasing numbers in our appellate jurisprudence. Whatever their intrinsic merits, these policies seem to absorb more judge-time because they do not, as yet, travel with the baggage of decades …

The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton

BYU Law Review

No abstract provided.

Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler

California Regulatory Law Reporter

No abstract provided.

The Validity Of Anit-Stacking Language In Automobile Insurance Policies In West Virginia--Application Is Limited By Public Policy, James C. Stebbins

West Virginia Law Review

No abstract provided.

Department Of Insurance, V. Breen, C. Egan, C. Walsh

California Regulatory Law Reporter

No abstract provided.

Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer

Faculty Publications

No abstract provided.

America's Health Care System: Condition Critical, John D. Rockefeller Iv

West Virginia Law Review

No abstract provided.

Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman

Michigan Law Review

This Note argues that the current voluntary intoxication defense to the intentional injury exclusion clause should be modified to allow insurers subrogation rights against insureds who commit intentional acts while voluntarily intoxicated, subject to an exception for alcoholic insureds who successfully complete alcohol treatment programs. Part I discusses the public policy concerns of victim compensation and deterrence and how they influence courts deciding between the three traditional approaches to "intent." Part II analyzes the impact of these intent standards on courts' decisions to allow a voluntary intoxication defense and concludes that the defense as currently formulated promotes victim compensation at …

Book Review, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Review of the following: lAIN HAY, MONEY, MEDICINE AND MALPRACTICE IN AMERICAN SOCIETY. (Praeger 1992) [244 pp.] Abbreviations, annotated list of personal communications, figures, glossary, index, full legal citations, notes, preface, references, tables. LC 91-38477, ISBN 0-674-13645-4. [Cloth $49.95. P.O. Box 5007, Westwood CT 06881-9990.]

Insurance Claims Fraud Problems And Remedies, Robert W. Emerson

University of Miami Law Review

No abstract provided.

Department Of Insurance, V. Breen, C. Egan, C. Walsh

California Regulatory Law Reporter

No abstract provided.

The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson

University of Michigan Journal of Law Reform

This Article explores the common-law and statutory background of the tort of bad faith in first-party insurance situations analyzes the varying standards of culpability that have been developed by the courts and suggests a uniform statutory solution to the problems created by the varying standards. The statute also tailors the remedies more closely to the particular type of insurer wrongdoing. The proposed remedies recognize the dual nature of the insurer-insured relationship, that is, one based upon contract and tort concepts. Such a statute would eliminate many of the ambiguities and other deficiencies in the common law of those states that …

Due Process

Touro Law Review

No abstract provided.

Washington's Judicial Invalidation Of Unambiguous Exclusion Clauses In Multiple Causation Insurance Cases, Lawrence Alan Wans

Washington Law Review

The Washington Supreme Court has restricted the use of unambiguous exclusion clauses that limit homeowners' insurance coverage in multiple causation cases. This Comment discusses the court's "proximate cause" analysis, judicial treatment of policy exclusions, and the insured's expectations of coverage. The Comment argues that the Washington approach to multiple causation cases should be narrowly construed in Washington and rejected in other jurisdictions, because its consequences may harm insurers and insureds alike.

Notes: Insurance Law — The Exposure Theory Versus The Manifestation Theory: Which Method Should Courts Use To Determine When Coverage Is Triggered Under A Standard Comprehensive Form General Liability Policy? Lloyd E. Mitchell, Inc. V. Maryland Casualty Co., 324 Md. 44, 595 A.2d 469 (1991), Julie Dameron Wright

University of Baltimore Law Review

No abstract provided.

Uninsured Motorist Coverage In Maryland, Andrew Janquitto

University of Baltimore Law Review

No abstract provided.

Judicial Bias, The Insurance Industry And Consumer Protection: An Empirical Analysis Of State Supreme Courts’ Bad-Faith, Breach-Of-Contract, Breach-Of-Covenant-Of-Good-Faith And Excess-Judgment Decisions, 1900–1991, Willy E. Rice

Faculty Articles

Consumers are becoming increasingly dissatisfied with the services and products that the American insurance industry provides. Correspondingly, they are filing an ever-increasing number of lawsuits against insurers in state courts. While courts have ruled equally in favor of insurers and policyholders, advocates for both consumers and the insurance industry strongly believe “judicial bias” or “judicial hostility” permeates state supreme courts.

Some United States Supreme Court Justices have argued that state supreme courts are hostile towards insurance carriers. Commentators have also viciously criticized state supreme courts for being biased against insurance carriers. The contrary view that state supreme courts are anti-consumer …

The "Sudden And Accidental" Exception To The Pollution Exclusion Clause In Comprehensive General Liability Insurance Policies: The Gordian Knot Of Environmental Liability, Sharon M. Murphy

Vanderbilt Law Review

From 1973 to 1985, comprehensive general liability (CGL) insur- ance policies contained a pollution exclusion clause.' The plethora of litigation spawned by this clause, however, has done little to clarify either its meaning or its relationship to the policy as a whole.' Uncertainty regarding the scope of liability coverage under this clause drives many of the hazardous waste and toxic tort lawsuits filed. Courts have interpreted the pollution exclusion clause variously, often admitting that the law in this area is a confusing array of policy arguments and conflicting drafting histories. Part II of this Note sets forth the historical framework …

Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson

American University Law Review

No abstract provided.

Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh

LLM Theses and Essays

Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …

Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver

Articles & Book Chapters

The recent decision of the British Columbia Court of Appeal in Smyth v. Szep once again canvasses the validity of releases signed by injured victims in favour of insurance companies and once again plunges into the murky waters of contractual unconscionability. Both issues have become more or less permanent squatters on judicial calendars throughout North America, and it seems worthwhile to consider why this is so and whether something can be done to reduce their tenure at least in Canada.

The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien

Faculty Scholarship

As the numbers of uninsured mount⁴ because of job dislocations, exhaustion of benefits, and unaffordably high premiums, the incidence of "dumping" by private hospitals is, predictably, on the rise. Dumping occurs when a hospital, in violation of federal or state law, transfers an emergency patient to another (usually public) hospital or simply refuses any treatment based on the patient's inability to pay.5 In addition to the completely uninsured, favorite dumping targets include Medicare and Medicaid patients, AIDS patients, and cancer patients whose therapy may cost more than the maximum reimbursement under private insurance.

Dumping is merely a part of …

Rules And Regulations

Touro Law Review

No abstract provided.