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Articles 1 - 30 of 48
Full-Text Articles in Insurance Law
Administrative Browbeating And Insurance Markets, George A. Mocsary
Administrative Browbeating And Insurance Markets, George A. Mocsary
Villanova Law Review
No abstract provided.
Put Your Money Where Your Mouth Is: Defending Commercial Reasonableness In Insurance Law's Duty To Make Reasonable Settlement Decisions, Sarah Gimbel
Villanova Law Review
No abstract provided.
Delayed & Denied: Recalibrating The Erisa Attorney's Fee Factors For Healthcare Claims, Katherine T. Vukadin
Delayed & Denied: Recalibrating The Erisa Attorney's Fee Factors For Healthcare Claims, Katherine T. Vukadin
Villanova Law Review
No abstract provided.
Go Phish: Circuit Split In Policy Interpretation For Social Engineering Fraud Losses Creates Ambiguity For Insurers And Insureds, Gabriella Scott
Go Phish: Circuit Split In Policy Interpretation For Social Engineering Fraud Losses Creates Ambiguity For Insurers And Insureds, Gabriella Scott
Villanova Law Review
No abstract provided.
Dual Regulation Of Insurance, Christopher C. French
Dual Regulation Of Insurance, Christopher C. French
Villanova Law Review
No abstract provided.
The Claim Game: Analyzing The Tax Implications Of Student-Athlete Insurance Policy Payouts, Kathryn Kisska-Schulze, Adam Epstein
The Claim Game: Analyzing The Tax Implications Of Student-Athlete Insurance Policy Payouts, Kathryn Kisska-Schulze, Adam Epstein
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Draft Protection Insurance: Elite Athlete Loss-Of-Value Policies And The Emerging Wave Of Coverage Litigation, Daniel J. Kain, C. Scott Toomey, Robert L. Joyce
Draft Protection Insurance: Elite Athlete Loss-Of-Value Policies And The Emerging Wave Of Coverage Litigation, Daniel J. Kain, C. Scott Toomey, Robert L. Joyce
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher C. French
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher C. French
Villanova Law Review
No abstract provided.
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
Working Paper Series
Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …
The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert
The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Insurance Perspectives On Federal Financial Regulatory Reform: Addressing Misunderstandings And Providing A View From A Different Paradigm, Jeffrey E. Thomas
Insurance Perspectives On Federal Financial Regulatory Reform: Addressing Misunderstandings And Providing A View From A Different Paradigm, Jeffrey E. Thomas
Villanova Law Review
The article discusses the insurance regulation in the U.S. and its role in the financial crisis. It states that the collapse of American International Group (AIG) was not an insurance regulatory failure. It describes the scope and approach to state insurance regulation and the development and functioning of the National Association of Insurance Commissioners (NAIC). The role played by the courts in insurance regulation is also addressed.
Calling It A Leg Doesn't Make It A Leg: Doctors, Lawyers And Tort Reform, Ellen Wertheimer
Calling It A Leg Doesn't Make It A Leg: Doctors, Lawyers And Tort Reform, Ellen Wertheimer
Working Paper Series
It has long been a truism that doctors hate lawyers. This article explores some of the reasons for this phenomenon, as well as some areas for reform that might help to promote a better relationship between the professions.
Same Injury, Different Coverage: How Privatized Insurance Policies Affect Injured Elite And Non-Elite Professional Athletes, Diana P. Cortes
Same Injury, Different Coverage: How Privatized Insurance Policies Affect Injured Elite And Non-Elite Professional Athletes, Diana P. Cortes
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Controversy Over Hospital Charges To The Uninsured - No Villains, No Heroes, Beverly Cohen
The Controversy Over Hospital Charges To The Uninsured - No Villains, No Heroes, Beverly Cohen
Villanova Law Review
No abstract provided.
The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready
The Mold Rush: The Onslaught Of Mold-Related Bad Faith Suits Against Insurers And The Price For Homeowners, Kellie Maccready
Villanova Environmental Law Journal
No abstract provided.
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
Working Paper Series
In light of increasing punitive damages awards, the United States Supreme Court formulated criteria for evaluating whether a punitive damages award is so unreasonably large that it violates substantive due process. Unfortunately, these "guideposts," which were first erected in BMW v. Gore and applied last term in State Farm v. Campbell, are difficult to use and have resulted in inconsistent decisions. Indeed, Justice Scalia stated that they "mark a road to nowhere." The authors argue that the problems with the guideposts can be fixed by refining the third guidepost, which compares the punitive damages award to the criminal (or civil) …
One Word Can Make All The Difference: An Examination Of The Third Circuit's Handling Of Health Care Insurance Policy Exclusion Clauses For Pre-Existing Conditions, Christina M. Finello
One Word Can Make All The Difference: An Examination Of The Third Circuit's Handling Of Health Care Insurance Policy Exclusion Clauses For Pre-Existing Conditions, Christina M. Finello
Villanova Law Review
No abstract provided.
Using Environmental Insurance To Manage Risk Encountered In Non-Traditional Transactions, Janice E. Falini
Using Environmental Insurance To Manage Risk Encountered In Non-Traditional Transactions, Janice E. Falini
Villanova Environmental Law Journal
No abstract provided.
Pharmacists Without Remedies Means Serious Side Effects For Patients: Third Circuit Denies Pennsylvania Pharmacists Standing To Challenge Reimbursement Rates Under Medicaid Act, Meredith Warner Nisse
Pharmacists Without Remedies Means Serious Side Effects For Patients: Third Circuit Denies Pennsylvania Pharmacists Standing To Challenge Reimbursement Rates Under Medicaid Act, Meredith Warner Nisse
Villanova Law Review
No abstract provided.
Inside The Mind Of The Reasonable Person: Determining When Discovery Of Loss Has Occurred Under A Fidelity Bond In The Third Circuit, Paul A. Briganti
Inside The Mind Of The Reasonable Person: Determining When Discovery Of Loss Has Occurred Under A Fidelity Bond In The Third Circuit, Paul A. Briganti
Villanova Law Review
No abstract provided.
Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts
Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts
Villanova Law Review
No abstract provided.
And The Wallpaper Comes Crumbling Down: Pollution Exclusion Clause Relieves Insurer Of Duty To Defend In Stamford Wallpaper Co. V. Tig Insurance, Stephanie M. Tita
And The Wallpaper Comes Crumbling Down: Pollution Exclusion Clause Relieves Insurer Of Duty To Defend In Stamford Wallpaper Co. V. Tig Insurance, Stephanie M. Tita
Villanova Environmental Law Journal
No abstract provided.
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Villanova Law Review
No abstract provided.
Morton International V. General Accident Insurance Co.: The New Jersey Supreme Court Defines The Scope Of The Qualified Pollution Exclusion Clause In Comprehensive General Liability Policies, Jennifer Goodman
Villanova Environmental Law Journal
No abstract provided.
Dailey V. National Hockey League: The Impact Of Erisa's Exclusive Federal Jurisdiction On The Applicability Of The Princess Lida Doctrine In An International Sports Context, Candice I. Polsky
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Triggering An Obligation: Receipt Of An Epa Prp Letter And An Insurer's Duty To Defend, Sidney S. Liebesman
Triggering An Obligation: Receipt Of An Epa Prp Letter And An Insurer's Duty To Defend, Sidney S. Liebesman
Villanova Environmental Law Journal
No abstract provided.
The Liability Crisis - A Perspective, Sean F. Mooney
The Liability Crisis - A Perspective, Sean F. Mooney
Villanova Law Review
No abstract provided.
Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington
Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington
Villanova Law Review
No abstract provided.
The Validity Of Time Limitations In Accidental Multiple Indemnity Death Provisions Of Life Insurance Policies, Samuel J. Arena Jr.
The Validity Of Time Limitations In Accidental Multiple Indemnity Death Provisions Of Life Insurance Policies, Samuel J. Arena Jr.
Villanova Law Review
No abstract provided.
Insurance Law - Asbestos-Related Diseases Trigger Insurer's Duty To Defend And Indemnify When The Diseases Become Reasonably Capable Of Medical Diagnosis, Mark C. Levy
Villanova Law Review
No abstract provided.