Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (16)
- Medical Jurisprudence (7)
- Transportation Law (5)
- Contracts (4)
- Legislation (4)
-
- State and Local Government Law (4)
- Health Law and Policy (3)
- Labor and Employment Law (3)
- Tax Law (3)
- Air and Space Law (2)
- Business Organizations Law (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Conflict of Laws (2)
- Consumer Protection Law (2)
- Housing Law (2)
- Law and Economics (2)
- Taxation-Federal (2)
- Administrative Law (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Evidence (1)
- Genetics (1)
- Genetics and Genomics (1)
- Government Contracts (1)
- Land Use Law (1)
- Law and Gender (1)
- Legal Profession (1)
- Keyword
-
- Insurance (20)
- Liability insurance (8)
- Physicians and surgeons (6)
- Life Insurance (5)
- Indiana (4)
-
- Contracts (3)
- Indiana Medical Malpractice Act (3)
- Insurance Law (3)
- Jeffrey O'Connell (3)
- 1975 Indiana Legislature (2)
- Accidental Means (2)
- Automobile insurance (2)
- Comparative law (2)
- Conflict of Laws (2)
- Coverage (2)
- Evidence (2)
- Insurance Contract (2)
- Insurance Contracts (2)
- Insurance Policies (2)
- Motor Vehicle Accidents (2)
- Negligence (2)
- Old-Age and Survivors Insurance (2)
- Property Insurance (2)
- Securities Regulation (2)
- Terms of Insurance Contracts (2)
- The Injury Industry and the Remedy of No-Fault Insurance (2)
- 167 N. E. 156 (1)
- 1961 Indiana Securities Law (1)
- 1968 (1)
- Absenteeism (Labor) (1)
Articles 1 - 30 of 72
Full-Text Articles in Insurance Law
The Limits Of Regulation By Insurance, Kenneth S. Abraham, Daniel Benjamin Schwarcz
The Limits Of Regulation By Insurance, Kenneth S. Abraham, Daniel Benjamin Schwarcz
Indiana Law Journal
Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and misleading aspiration for insurance—that it also can and often does substitute for or significantly complement health and safety regulation—is increasingly in vogue. This vision starts from the uncontroversial recognition that insurers typically adopt measures designed to counteract “moral hazard,” the tendency of insurance to blunt policyholders’ incentives to take care. But proponents of this vision go on to contend that the risk-reducing potential of insurance is significantly more extensive than is traditionally imagined, because insurers are …
The Specific Consumer Expectations Test For Product Defects, Clayton J. Masterman, W. Kip Viscusi
The Specific Consumer Expectations Test For Product Defects, Clayton J. Masterman, W. Kip Viscusi
Indiana Law Journal
In this Article, we propose that courts adopt an amended version of the consumer expectations test that we call the “specific consumer expectations test.” The specific consumer expectations test would apply to any product or product component for which consumers have clear, articulable ex ante expectations about the function of the product. Under the specific consumer expectations test, a defendant is liable if consumers expected such a product to reduce a particular risk, and the product in fact increased that risk. Similarly, if a product was intended to convey a particular benefit, but in fact harmed consumers along the same …
The Promises And Pitfalls Of Harmonization: What Insurance Guarantee Schemes Tell Us About When Harmonization Works, Jordan Burton
The Promises And Pitfalls Of Harmonization: What Insurance Guarantee Schemes Tell Us About When Harmonization Works, Jordan Burton
Indiana Law Journal
In Part I, this Note considers the mechanisms of harmonization and the regulatory and fairness policy concerns that harmonization is designed to address. Part II explores some of the problems harmonization can create, with an eye toward how those problems manifest in the IGS context. Finally, Part III discusses how IGS address an urgent and inevitable problem that affects actors in the insurance market at every level. By analyzing comments on the Commission’s White Paper, Part III proposes that these three factors—convergence of stakeholder interest, inevitability, and urgency— are key to understanding when member states, EU citizens, and industry actors …
It Saves To Be Healthy: Using The Tax Code To Incentivize Employer-Provided Wellness Benefits, Hilary R. Shepherd
It Saves To Be Healthy: Using The Tax Code To Incentivize Employer-Provided Wellness Benefits, Hilary R. Shepherd
Indiana Law Journal
With lifestyle-related disease on the rise and an increasing number of employers being held responsible for providing health insurance to their employees, we as a society have incentives to promote wellness, even if only to cut health care costs. Part I of this Note outlines a brief history of employer-provided wellness benefits and provides a concise summary of the employer-provided wellness benefits available. Part II analyzes the relevant federal income tax law, specifically, the fringe benefits provision of the Internal Revenue Code, and concludes that under existing tax law, on-premises gym facilities do not yield any taxable income to employees, …
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Indiana Law Journal
No abstract provided.
Insuring Corporate Crime, Miriam Hechler Baer
Insuring Corporate Crime, Miriam Hechler Baer
Indiana Law Journal
Corporate criminal liability has become an important and much-talked about topic. This Article argues that entity-based liability-particularly the manner in which it is currently applied by the federal government---creates social costs in excess of its benefits. To help companies better deter employee crime, the Article suggests the abolition of entity-wide criminal liability, and in its place, the adoption of an insurance system, whereby carriers would examine corporate compliance programs, estimate the risk that a corporation's employees would commit crimes, and then charge companies for insuring those risks. The insurance would cover civil penalties associated with the entity's employee-related criminal conduct. …
A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman
A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman
Indiana Law Journal
No abstract provided.
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Indiana Law Journal
No abstract provided.
Bridging The Gap Between Life Insurer And Consumer In The Genetic Testing Era: The Rf Proposal, Christopher M. Keefer
Bridging The Gap Between Life Insurer And Consumer In The Genetic Testing Era: The Rf Proposal, Christopher M. Keefer
Indiana Law Journal
No abstract provided.
Physician Employment Under Managed Care: Toward A Retaliatory Discharge Cause Of Action For Hmo-Affiliated Physicians, Peter B. Jurgeleit
Physician Employment Under Managed Care: Toward A Retaliatory Discharge Cause Of Action For Hmo-Affiliated Physicians, Peter B. Jurgeleit
Indiana Law Journal
No abstract provided.
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Indiana Law Journal
No abstract provided.
And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber
And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber
Indiana Law Journal
No abstract provided.
State Insurance Takeover Acts: A Constitutional Analysis After Edgar V. Mite, Christopher Keele
State Insurance Takeover Acts: A Constitutional Analysis After Edgar V. Mite, Christopher Keele
Indiana Law Journal
No abstract provided.
The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer
The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer
Indiana Law Journal
No abstract provided.
Insurer Intervention In Uninsured Motorist Cases, Alan W. Becker
Insurer Intervention In Uninsured Motorist Cases, Alan W. Becker
Indiana Law Journal
No abstract provided.
Indiana's Allowance Of Punitive Damages In Contract Actions Against Insurance Companies: How New Is It?, Susan Marguet
Indiana's Allowance Of Punitive Damages In Contract Actions Against Insurance Companies: How New Is It?, Susan Marguet
Indiana Law Journal
No abstract provided.
Defining Taxable Consumption: A Comment On Personal Insurance Premiums, William D. Popkin
Defining Taxable Consumption: A Comment On Personal Insurance Premiums, William D. Popkin
Indiana Law Journal
No abstract provided.
Consumer Warranty Or Insurance Contract? A View Towards A Rational State Regulatory Policy, Doyal Mclemore Jr.
Consumer Warranty Or Insurance Contract? A View Towards A Rational State Regulatory Policy, Doyal Mclemore Jr.
Indiana Law Journal
No abstract provided.
The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson
The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson
Indiana Law Journal
No abstract provided.
The Insurer's Dilemma, Mark W. Gray
The Insurer's Dilemma, Mark W. Gray
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
Is Malpractice Insurable?, Geoffrey Segar
Is Malpractice Insurable?, Geoffrey Segar
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
The 1975 Indiana Medical Malpractice Act
The 1975 Indiana Medical Malpractice Act
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
A Cure For The Plaintiff's Ills?, Andrew C. Mallor
A Cure For The Plaintiff's Ills?, Andrew C. Mallor
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart
The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal
A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal
Indiana Law Journal
Symposium: The 1975 Indiana Medical Malpractice Act
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Leonard E. Eilbacher
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Leonard E. Eilbacher
Indiana Law Journal
No abstract provided.
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, John G. Ryan
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, John G. Ryan
Indiana Law Journal
No abstract provided.
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Philip C. Thorpe
The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Philip C. Thorpe
Indiana Law Journal
No abstract provided.
Compensation Reform: Accident Costs, And Traffic Safety: Toward A Unified Motor Transport Policy, Phillip C. Thorpe
Compensation Reform: Accident Costs, And Traffic Safety: Toward A Unified Motor Transport Policy, Phillip C. Thorpe
Indiana Law Journal
No abstract provided.
Resolution Of Conflicting "Other Insurance" Clauses: New Developments In Indiana, E. Alan Kirtley
Resolution Of Conflicting "Other Insurance" Clauses: New Developments In Indiana, E. Alan Kirtley
Indiana Law Journal
No abstract provided.