Insurance Law Commons^™

Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Mapping Territorial Limitations On Insurance Coverage, Douglas R. Richmond

San Diego Law Review

Globalization has come to financial markets and to innumerable industries. U.S. businesses export and import goods and products; many have done so for decades. Domestic companies that sell materials online almost certainly do some international business. American corporations have foreign facilities or operations. Americans travel internationally with relative ease. For those living in states that adjoin Canada or Mexico, international travel can be accomplished simply by driving across the border.

At the same time, insurance policies sold in the United States frequently contain territorial limitations on coverage that superficially seem out of place when compared to many aspects of modern …

The Duality Of Provider And Payer In The Current Healthcare Landscape And Related Antitrust Implications, Julia Kapchinskiy

San Diego Law Review

Health care landscape has changed with the introduction of the ACA and will keep changing due to the proposed repeal. The only constant is the desire of health plans and providers to maximize profits and minimize costs, which is attainable through consolidation. This Comment advocates a revision of the existing antitrust guidelines that would (1) recognize unique nature of health care market, (2) be independent from the current or proposed legislation to the maximum possible extent, and (3) reflect the insurer-provider duality, which heavily influences the quality and accessibility of the healthcare for the consumer.

Department Of Insurance, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher C. French

San Diego Law Review

When the superstar athlete—“Iron Mike” Webster—a nine-time NationalFootball League (NFL) Pro Bowler, four-time Super Bowl Champion, Hall of Fame center for the Pittsburgh Steelers—died at age fifty with severe brain dysfunction after becoming homeless and living in a truck, it was discovered he had a previously nameless disease, Chronic Traumatic Encephalopathy (CTE). The discovery of CTE opened the floodgates on interest in delayed manifestation brain diseases caused by repeated blows to the head. As part of that flood, many retired NFL players brought numerous class actions against the NFL for their alleged brain diseases caused by the repeated blows to …

Independent Counsel In Insurance, Douglas R. Richmond

San Diego Law Review

Mention the term "independent counsel" to many lawyers and they think immediately of the process whereby the Attorney General of the United States requests a panel of federal judges to appoint an Independent Counsel to investigate and prosecute crimes by government officials. Business lawyers may think of "independent counsel" in the context of counsel for independent directors on a corporate board in connection with select matters. For most litigators, however, the term "independent counsel" describes a lawyer engaged to defend an insured at a liability insurer's expense in a case in which the liability insurer has lost the right to …

Strict Liability For Gatekeepers: A Reply To Professor Coffee, Frank Partnoy

University of San Diego Law and Economics Research Paper Series

This article responds to a proposal by Professor John C. Coffee, Jr. for a modified form of strict liability for gatekeepers. Professor Coffee’s proposal would convert gatekeepers into insurers, but cap their insurance obligations based on a multiple of the highest annual revenues the gatekeepers recently had received from their wrongdoing clients. My proposal, advanced in 2001, would allow gatekeepers to contract for a percentage of issuer damages, after settlement or judgment, subject to a legislatively-imposed floor. This article compares the proposals and concludes that a contractual system based on a percentage of the issuer’s liability would be preferable to …

American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey

University of San Diego Public Law and Legal Theory Research Paper Series

In American Insurance Association v. Garamendi, the U.S. Supreme Court invalidated California's Holocaust Victim Insurance Relief Act (HVIRA), which required insurance companies doing business in California to disclose all policies they or their affiliates sold in Europe between 1920 and 1945. According to the Court, the state's law unconstitutionally interfered with the foreign affairs power of the national government. The decision was easily overlooked in a Term filled with landmark cases dealing with affirmative action and sexual privacy. What coverage the case did receive emphasized its federalism aspects, and excited little reaction because the result seemed intuitively appropriate given the …

Department Of Insurance, Stacy Baker, Paul T. Greco, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, Collette C. Galvez, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Reimbursing Insurers’ Defense Costs: Restitution And Mixed Actions, Douglas R. Richmond

San Diego Law Review

The pejorative “Indian giver” describes a person who, having given a gift to another, takes it back or demands its return. This childhood insult arguably has surfaced in the law of liability insurance. A liability insurer that provides its insured with a defense to a lawsuit, but that later seeks to recover from the insured the costs associated with the defense of uncovered claims, might be described by the insured or by an insensitive court as an Indian giver. Having promised to defend its insured even against suits that are “groundless, false or fraudulent," an insurer that later seeks the …

Department Of Insurance, M. A. Frasca, C. Knight, S. Olender, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler,, J. D'Angelo, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

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

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. Miller, R. Raynor, J. D'Angelo, R. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. Miller, R. Raynor

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. Miller, R. Raynor

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. Miller, R. Raynor

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, D. Hall, A. Leahy

California Regulatory Law Reporter

No abstract provided.