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Full-Text Articles in Insurance Law
Mandates, Markets, And Risk: Auto Insurance And The Affordable Care Act, Jennifer Wriggins
Mandates, Markets, And Risk: Auto Insurance And The Affordable Care Act, Jennifer Wriggins
Faculty Publications
Now that the Affordable Care Act (ACA) individual health insurance mandate has been upheld by the United States Supreme Court, it is an opportune time to examine precedents for the individual mandate that were not considered in the legislative debate or litigation about the ACA’s constitutionality, particularly auto insurance mandates. Although opponents’ arguments were cast largely as Commerce Clause claims, the arguments have a deeper foundation as claims about liberty and coercion which go far beyond the Commerce Clause. Although auto insurance mandates are obviously different, particularly in that they are state rather than federal, auto insurance mandates can help …
Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii
Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii
Faculty Publications
This article examines the connections between the doctrine of reasonable expectations and the law of contract. Judge Keeton urged in his 1970 article that protecting the insured's reasonable expectations is a better justification for results in many reported cases than the rationales offered by judges! Without disagreeing with that point, it can be claimed, as this article does, that insurance law's efforts to explain outcomes that contradict the plain language of contractual text are appropriately viewed as a subset of a larger effort to rationalize contract law with the challenges presented by the widespread use of standardized forms in consumer …
Health Insurance Coverage For High-Cost Health Care: Reflections On The Rainmaker, Robert H. Jerry Ii
Health Insurance Coverage For High-Cost Health Care: Reflections On The Rainmaker, Robert H. Jerry Ii
Faculty Publications
This article reflects upon the film "The Rainmaker" and analyzes how the health insurance coverage problems that it addresses take us to the vortex of some of the most difficult issues facing our nation's health care system.
Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson
Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson
Faculty Publications
In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
New Developments In Kansas Insurance Law, Robert H. Jerry Ii
Faculty Publications
Since 1959 the Kansas Law Review has encouraged commentary on recent developments in Kansas insurance law. This article continues this tradition, examining developments that have occurred during the last five years.
Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii
Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii
Faculty Publications
This article examines the implications of the differing remedies provided by tort and contract law. Part I describes the traditional major duties owed by an insurer to an insured and outlines the remedies currently provided in most jurisdictions for the breach of these duties. Part II gives special attention to the insurer's implied duty of good faith and fair dealing; it reviews the historical origins of the duty and describes the alternative ways to categorize it. Part III argues that the duty of good faith and fair dealing should be treated as a contract duty, but that courts should administer …
Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield
Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield
Faculty Publications
This Article contends that gender is an impermissible basis for calculating insurance premiums and payments. Although this Article agrees with the arguments of those who share this view, it offers a different justification for eliminating gender discrimination in insurance. Part I of this Article briefly reviews the status of existing restrictions on gender discrimination in insurance. Part II examines the issues involved in gender-based insurance rating from the perspective of both insurers and advocates of individual equality. Part III presents a new justification for unisex insurance.
Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii
Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii
Faculty Publications
For most of us the "small world" of insurance law, as it reflects and responds to changes in the "larger world," is also becoming increasingly complex. Part I of this article discusses cases involving questions of contract formation and termination; Part II concerns issues involving the performance of obligations arising out of the insurance contract; Part III studies several cases involving the construction and interpretation of contract language; Part IV is devoted solely to automobile insurance issues; finally, Part V discusses a few detached ideas.