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Full-Text Articles in Law

Climate Change And Insurance, Patricia Mccoy Dec 2015

Climate Change And Insurance, Patricia Mccoy

Patricia A. McCoy

Professor McCoy presented this lecture to the Insurance Law Section of the Boston Bar Association.


Panelist, Who Will Pay: The Public & Private Insurance Implications Of Climate Change's Drastic Challenges, Patricia Mccoy Nov 2015

Panelist, Who Will Pay: The Public & Private Insurance Implications Of Climate Change's Drastic Challenges, Patricia Mccoy

Patricia A. McCoy

Professor McCoy helped organize this conference and appeared as a panel commentator on three scholarly papers.


Amicus Brief Of Scholars Of Insurance Regulation In Metlife V. Fsoc May 2015

Amicus Brief Of Scholars Of Insurance Regulation In Metlife V. Fsoc

Patricia A. McCoy

This Amicus Brief of Scholars of Insurance Regulation involves MetLife's challenge to the Financial Stability Oversight Council’s ("FSOC") determination that material financial distress at the company could pose a threat to U.S. financial stability. The brief focuses on one central element of MetLife’s challenge -- that FSOC failed to adequately consider the strength of the state insurance regulatory system in designating MetLife as a systemically significant nonbank financial company. The amicus brief argues that FSOC’s designation of MetLife fairly accounts for state insurance regulation’s focus on protecting policyholders rather than mitigating systemic risk. It argues ...


Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance Dec 2014

Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance

Patricia A. McCoy

The state-based model of U.S. insurance regulation has been remarkably enduring to date, in part because the traditional rationales for a greater federal role – efficiency, uniformity, and consumer protection – have not succeeded in displacing it. However, the 2008 financial crisis, the federal government’s unprecedented bailouts of parts of the insurance sector, and the need for a coordinated international approach radically shifted the debate about the proper allocation of power between the federal government and the states by supplanting traditional concerns about efficiency, uniformity, and consumer protection in insurance with a new federal mission to control systemic risk. Unprepared ...


Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance Sep 2014

Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance

Patricia A. McCoy

The presentation explored the implications of systemic risk regulation for the allocation of authority for state and federal insurance regulation.


“The Protective Function Of Automobile Insurance From The Perspective Of Judicial Adjudication May 2014

“The Protective Function Of Automobile Insurance From The Perspective Of Judicial Adjudication

Patricia A. McCoy

This talk explored the social tensions between making mandatory auto insurance affordable and the solvency of those insurance plans.


Moderator, Big Data And The Paradigm Of Insurance Apr 2014

Moderator, Big Data And The Paradigm Of Insurance

Patricia A. McCoy

Moderated a panel on the theoretical paradigm of big data and insurance.


Market Conduct Supervisors And Their Interactions With Prudential Authorities Mar 2014

Market Conduct Supervisors And Their Interactions With Prudential Authorities

Patricia A. McCoy

This presentation addressed potential commonalities and conflicting interests of market conduct and prudential supervisors.


The Cra Implications Of Predatory Lending Mar 2002

The Cra Implications Of Predatory Lending

Patricia A. McCoy

This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.