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Articles 1 - 15 of 15

Full-Text Articles in Law

Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash Nov 2012

Rethinking Principals Of Comparative Fault In Light Of California's Proposition 51, James A. Gash

Pepperdine Law Review

No abstract provided.


Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle Nov 2012

Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle

Pepperdine Law Review

No abstract provided.


Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch Nov 2012

Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch

Pepperdine Law Review

No abstract provided.


Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller Nov 2012

Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller

Pepperdine Law Review

No abstract provided.


Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea Nov 2012

Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea

Pepperdine Law Review

No abstract provided.


Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue Nov 2012

Outsourcing Regulation: How Insurance Reduces Moral Hazard, Omri Ben-Shahar, Kyle D. Logue

Michigan Law Review

This Article explores the potential value of insurance as a substitute for government regulation of safety. Successful regulation of behavior requires information in setting standards, licensing conduct, verifying outcomes, and assessing remedies. In various areas, the private insurance sector has technological advantages in collecting and administering the information relevant to setting standards and could outperform the government in creating incentives for optimal behavior. We explore several areas that are regulated more by private insurance than by government. In those areas, the role of the law diminishes to the administration of simple rules of absolute liability or no liability, and affected …


Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi Oct 2012

Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi

Pepperdine Law Review

No abstract provided.


Assuring Quality Long-Term Care In America, Thomas D. Begley Jr., Jo-Anne Herina Jeffreys Aug 2012

Assuring Quality Long-Term Care In America, Thomas D. Begley Jr., Jo-Anne Herina Jeffreys

Marquette Elder's Advisor

Ninety percent of the 76 million baby boomers will be retired by the year 2030, and many will eventually need a continuum of care. The authors suggest that financing such care is primarily a middle-class problem, and suggest that making long-term care coverage both mandatory and universal, such as through a government program, may be the best way to spread the risk.


Internet Resources For Long-Term Care Insurance, Robin C. Schard Aug 2012

Internet Resources For Long-Term Care Insurance, Robin C. Schard

Marquette Elder's Advisor

This article looks at long-term care insurance on the Web. The various perspectives represented and information provided by insurance governance, organizations, consumer advocacy groups, and insurance companies create a solid basis for beginning the decision making process with regard to LTC insurance.


The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer Aug 2012

The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer

Marquette Elder's Advisor

Increasingly common usage of the secondary market for life insurance policies is discussed in this article which explains the secondary market and describes the benefits of viatical and life settlement firms as well as accelerated death benefits. Changing regulations of the secondary market and suggested ways for counselors to assist clients in specific circumstances are included.


Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski Aug 2012

Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski

Marquette Elder's Advisor

Originally solely a government-administered program, Medicare is now offering options involving private insurers. Private fee-for-service plans may offer additional benefits and lower out-of-pocket costs. These plans are expected to have lower administrative costs, but currently require a government subsidy. Advantages and disadvantages of such plans are discussed, and examples showing detailed cost comparisons of two plans, SmartValue Classic and Humana Gold Choice, are given.


Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss , Ashley Smith Jul 2012

Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss , Ashley Smith

Journal of Dispute Resolution

While the appraisal procedure is commonly used in property insurance claims, the scope of an appraisal is contested. Courts are divided on whether to allow the determination of causation within an appraisal process. Whether or not to allow the determination of causation in appraisal and the reasoning behind each position can be influential for the majority of state and federal courts who have yet to confront this issue. Outlined below is an overview of the appraisal process within the property insurance context, a distinction of causation from coverage, and courts’ reasoning for allowing or forbidding the determination of causation in …


The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard Mar 2012

The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard

University of Richmond Law Review

No abstract provided.


Insurance Hb 47, Georgia State University Law Review Feb 2012

Insurance Hb 47, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.


Imdeminification And Insurance: Who Is To Blame?—Engineering & Construction Innovations, Inc. V. L.H. Bolduc Co., 803 N.W.2d 916 (Minn. Ct. App. 2011), Eric M. Carpenter Jan 2012

Imdeminification And Insurance: Who Is To Blame?—Engineering & Construction Innovations, Inc. V. L.H. Bolduc Co., 803 N.W.2d 916 (Minn. Ct. App. 2011), Eric M. Carpenter

Journal of Law and Practice

No abstract provided.