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Articles 1 - 2 of 2
Full-Text Articles in Insurance Law
The Irony Of Health Care’S Public Option, Allison K. Hoffman
The Irony Of Health Care’S Public Option, Allison K. Hoffman
All Faculty Scholarship
The idea of a public health insurance option is at least a half century old, but has not yet had its day in the limelight. This chapter explains why if that moment ever comes, health care’s public option will fall short of expectations that it will provide a differentiated, meaningful alternative to private health insurance and will spur health insurance competition.
Health care’s public option bubbled up in its best-known form in California in the early 2000s and got increasing mainstream attention in the lead up to the 2010 health reform, the Patient Protection and Affordable Care Act (ACA). The …
Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker
Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker
All Faculty Scholarship
Insurance ideas inform legal thought: from tort law, to health law and financial services regulation, to theories of distributive justice. Within that thought, insurance is conceived as an ideal type in which insurers distribute determinable risks through contracts that fix the parties’ obligations in advance. This ideal type has normative appeal, among other reasons because it explains how tort law might achieve in practice the objectives of tort theory. This ideal type also supports a restrictive vision of liability-based regulation that opposes expansions and supports cutbacks, on the grounds that uncertainty poses an existential threat to insurance markets.
Prior work …