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Health Law: Who Controls Health Cost Data?, Lucy Hodder 2016 University of New Hampshire School of Law

Health Law: Who Controls Health Cost Data?, Lucy Hodder

Legal Scholarship

No abstract provided.


Climate Change And Federal Crop Insurance, Chad G. Marzen, Grant Ballard 2016 Florida State University

Climate Change And Federal Crop Insurance, Chad G. Marzen, Grant Ballard

Chad G. Marzen

The federal crop insurance program is well-positioned today to promote resilient agricultural practices which mitigate the future impact of climate change. In light of climate change risk, this article examines issues relating to climate change and the federal crop insurance program. As a government-administered program, the federal crop insurance program is in a position where it can implement policies and standards to reduce climate change risk. The first substantive section of this article examines the present risk of climate change in agriculture, discusses recent steps taken to address climate change in agriculture by the Obama administration, and generally discusses the ...


Interpreting The Rules Of Insurance Contract Interpretation, Mark A. Geistfeld 2015 NYU School of Law

Interpreting The Rules Of Insurance Contract Interpretation, Mark A. Geistfeld

New York University Law and Economics Working Papers

The rules for interpreting insurance policies—the doctrine of contra proferentem for ambiguous policy language, and the doctrine of reasonable expectations for unambiguous language—are surprisingly difficult to define. The rules themselves are ambiguous and subject to differing interpretations, and yet courts have not been clear about which form they have adopted or are otherwise applying in a particular case. In light of this case law, the Restatement of the Law: Liability Insurance faces a daunting problem. Without widespread agreement about the appropriate method for interpreting insurance policies, how can the case law be restated in a manner that yields ...


Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel 2015 University of Houston Law Center

Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel

University of Michigan Journal of Law Reform

With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent ...


Policyholder Rights To Independent Counsel: Issues Remain Regarding Compensation, Supervision Of Counsel, Jeffrey W. Stempel 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Policyholder Rights To Independent Counsel: Issues Remain Regarding Compensation, Supervision Of Counsel, Jeffrey W. Stempel

Scholarly Works

More than 30 years ago, a California appellate court decision (San Diego Navy Federal Credit Union v. Cumis Insurance Society, 162 Cal. App. 3d 358 (4th Dist. 1984)) worked a revolution of sorts by ruling that, in cases of conflict between an insurer and a policyholder defending against a plaintiff's claim, the insurer was obligated to permit the policyholder to select its own defense counsel rather than having the case defended by an attorney selected by the insurer. The Cumis movement was more evolutionary than revolutionary in Nevada. Until State Farm Mutual Automobile Ins. Co. v. Hansen, 131 Nev ...


Rodney Dangerfield No More: The American Law Institute's Coming Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Rodney Dangerfield No More: The American Law Institute's Coming Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel

Scholarly Works

In a casebook I co-author, "Principles of Insurance Law," with Peter Swisher and Erik Knutsen, we refer to insurance as "the Rodney Dangerfield of law." It just does not (to paraphrase the words of the late comedian), get enough respect. Lawyers are familiar with (and have been since perhaps the fourth week of law school), the American Law Institute's Restatements of the Law, particularly widely cited restatements, such as those governing torts and contracts (and, to a lesser extent, judgments, conflict of laws, restitution, suretyship and others). Despite the importance of insurance in the civil justice system, it has ...


Interpreting The Rules Of Insurance Contract Interpretation, Mark A. Geistfeld 2015 NYU School of Law

Interpreting The Rules Of Insurance Contract Interpretation, Mark A. Geistfeld

New York University Public Law and Legal Theory Working Papers

The rules for interpreting insurance policies—the doctrine of contra proferentem for ambiguous policy language, and the doctrine of reasonable expectations for unambiguous language—are surprisingly difficult to define. The rules themselves are ambiguous and subject to differing interpretations, and yet courts have not been clear about which form they have adopted or are otherwise applying in a particular case. In light of this case law, the Restatement of the Law: Liability Insurance faces a daunting problem. Without widespread agreement about the appropriate method for interpreting insurance policies, how can the case law be restated in a manner that yields ...


Case Law Developments Addressing The Consequences Of A Liability Insurer’S Breach Of Its Duty To Defend, Michael A. Haskel 2015 Pace University

Case Law Developments Addressing The Consequences Of A Liability Insurer’S Breach Of Its Duty To Defend, Michael A. Haskel

Pace Law Review

In pursuit of a greater understanding of this controversial subject, this article will: (1) explore the contract principles and public policy considerations that are implicated by an insurer’s breach of its defense duty; (2) consider recent case law addressing relevant issues; and (3) recommend a comprehensive approach that accommodates competing interests. Ultimately, the author concludes that in most circumstances an insurer that wrongfully disclaims its duty to defend should be precluded from raising defenses as to coverage in an action to indemnify the insured for monies paid out by the insured.


Video: Prof. Sahani Presents At Nyu Center On Civil Justice 2015 Fall Conference On Litigation Funding, Victoria S Sahani 2015 Washington and Lee University School of Law

Video: Prof. Sahani Presents At Nyu Center On Civil Justice 2015 Fall Conference On Litigation Funding, Victoria S Sahani

Victoria Shannon Sahani

Litigation Funding: The Basics and Beyond

Third-party litigation funding is gaining a foothold in the United States. A global phenomenon, litigation funding has taken secure root in the United Kingdom, Australia and Hong Kong. It is, however, relatively new in the United States, and for many here the practice is wrapped in mystery. As a result, the Center on Civil Justice at NYU Law examined the impact it may have on our justice system and what, if any, regulation might be necessary. The center does this as part of its mission to engage scholars, practitioners, judges, and others in examination ...


Who Will Pay: The Public & Private Insurance Implications Of Climate Change's Drastic Challenges: The Boston College Environmental Affairs Law Review 2015 Symposium, Boston College Environmental Affairs Law Review 2015 Boston College Law School

Who Will Pay: The Public & Private Insurance Implications Of Climate Change's Drastic Challenges: The Boston College Environmental Affairs Law Review 2015 Symposium, Boston College Environmental Affairs Law Review

Law School Publications

Program of the 2015 Boston College Environmental Affairs Law Review Symposium, with a schedule, speaker biographies, and selected figures.


Do Credit-Based Insurance Scores Proxy For Income In Predicting Auto Claim Risk?, Darcy Steeg Morris, Daniel Schwarcz, Joshua C. Teitelbaum 2015 U.S. Census Bureau

Do Credit-Based Insurance Scores Proxy For Income In Predicting Auto Claim Risk?, Darcy Steeg Morris, Daniel Schwarcz, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

Auto insurers often use credit-based insurance scores in their underwriting and rating processes. The practice is controversial—many consumer groups oppose it, and most states regulate it, in part out of concern that insurance scores proxy for policyholder income. We offer new evidence on the question of whether insurance scores proxy for income in predicting auto claim risk. Prior studies on the subject suffer from the limitation that they rely solely on aggregate measures of income, such as the median income in a policyholder's census tract or zip code. We analyze a panel of households who purchased auto and ...


Death Of A Salesman: The Rise & Unfortunate Potential Demise Of The Full-Time Life Insurance Salesman, Robert M. Rosh 2015 St. John's University School of Law

Death Of A Salesman: The Rise & Unfortunate Potential Demise Of The Full-Time Life Insurance Salesman, Robert M. Rosh

St. John's Law Review

No abstract provided.


Adjusting The Benefits And Burdens Of Economic Life For The Public Good: The Aca's Medical Loss Ratio As A Constitutional Regulation Of Health Insurance Companies, Susanne Cordner 2015 College of William & Mary Law School

Adjusting The Benefits And Burdens Of Economic Life For The Public Good: The Aca's Medical Loss Ratio As A Constitutional Regulation Of Health Insurance Companies, Susanne Cordner

William & Mary Bill of Rights Journal

No abstract provided.


Three Words And The Future Of The Affordable Care Act, Nicholas Bagley 2015 University of Michigan Law School

Three Words And The Future Of The Affordable Care Act, Nicholas Bagley

Articles

As an essential part of its effort to achieve near universal coverage, the Affordable Care Act (ACA) extends sizable tax credits to most people who buy insurance on the newly established health care exchanges. Yet several lawsuits have been filed challenging the availability of those tax credits in the thirty-four states that refused to set up their own exchanges. The lawsuits are premised on a strained interpretation of the ACA that, if accepted, would make a hash of other provisions of the statute and undermine its effort to extend coverage to the uninsured. The courts should reject this latest effort ...


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel 2015 University of Michigan - Dearborn

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

Abstract

Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars of corporate social responsibility (CSR) have discussed and debated several frameworks for improving corporate response to social and environmental problems. However, CSR discourse rarely delves into the fundamental architecture of legal thought that often buttresses corporate dominance in the global economy. Moreover, CSR discourse does little to challenge the ontological and epistemological assumptions that form the foundation for modern economics and the role of corporations in the world.

I explore methods of transforming CSR by employing the thought of Mohandas Gandhi. I pay ...


State Farm Mut. Auto. Ins. Co. V. Hansen, 131 Nev. Adv. Op. 74 (Sept. 24, 2015), Kristen Matteoni 2015 Nevada Law Journal

State Farm Mut. Auto. Ins. Co. V. Hansen, 131 Nev. Adv. Op. 74 (Sept. 24, 2015), Kristen Matteoni

Nevada Supreme Court Summaries

Under Nevada law, an insurer is required to provide independent counsel of the insured choosing when a conflict of interest arises between the insured and the insurer. A reservation of rights fails to create a per se conflict of interest. Instead, the courts must analyze on a case-by-case basis whether an actual conflict exists. Only if an actual conflict exists, must an insurer be obligated to provide the insured with independent counsel.


The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan Michael Purcell 2015 Pepperdine University

The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan Michael Purcell

The Journal of Business, Entrepreneurship & the Law

This Article introduces the taxpayer to the basic background principles needed to understand the inner workings of the investment, then provides a guide to drafting considerations for the family's attorney, and concludes with a general plan to maintain business legitimacy and take advantage of tax-favored status, while retaining the flexibility essential to combating the unexpected. Part II addresses the historically favored tax treatment of life insurance products, as well as relatively recent restrictive reforms. Part III addresses the background foundation of the LLC entity and surveys its skeletal structure. Part IV introduces a practical example of how to create ...


Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher C. French 2015 Villanova University School of Law

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher C. French

Villanova Law Review

No abstract provided.


Counteracting Fraud, Waste And Abuse In Drug Test Billing, Allison Walton 2015 La Salle University

Counteracting Fraud, Waste And Abuse In Drug Test Billing, Allison Walton

Economic Crime Forensics Capstones

Medicaid, Medicare, and major insurance companies are being faced with increased costs for drug test screening. These costs are not caused by a spike in the use of narcotics by subscribers, but from unnecessary testing and overbilling by doctors and drug screening companies. Recovering drug addicts are required to have random drug tests during their treatment program, but instead of being random, the drug tests have become prescriptive. Testing is performed at specific times weekly on a single patient, for substances that return results that are unimportant to the doctors. Doctors are given drug testing kits by large drug testing ...


Legal Regime Of Marine Insurance In Arctic Shipping: Safety & Environmental Implications, Proshanto K. Mukherjee, Huiru Liu 2015 Dalian Maritime University

Legal Regime Of Marine Insurance In Arctic Shipping: Safety & Environmental Implications, Proshanto K. Mukherjee, Huiru Liu

ShipArc 2015 Conference

No abstract provided.


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