Open Access. Powered by Scholars. Published by Universities.®

Insurance Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1494 Full-Text Articles 1041 Authors 574126 Downloads 85 Institutions

All Articles in Insurance Law

Faceted Search

1494 full-text articles. Page 1 of 29.

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards 2016 Iowa State University

Grain Producers Need To Consider Crop Insurance Options For Late Planting And Replanting, William M. Edwards

william edwards

The frequent rains that have soaked Iowa this year have left many corn and soybean fields with areas where little or no production will be realized. Many producers are wondering what options they have under their multiple peril crop insurance policies.


Crop Insurance Has Some Changes For 2009, William M. Edwards 2016 Iowa State University

Crop Insurance Has Some Changes For 2009, William M. Edwards

william edwards

Crop insurance indemnity prices, guarantees and premiums were all at record levels for corn and soybeans in 2008. Current market conditions make it unlikely that those levels will be reached again in 2009, but they will still be attractive. The Risk Management Agency has announced indemnity prices of $4 per bushel for corn and $9.90 per bushel for soybeans for APH (yield) insurance guarantees for 2009, the second highest prices ever offered. Prices for revenue insurance policies will not be known until the end of February.


No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy 2016 Pepperdine University

No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy

The Journal of Business, Entrepreneurship & the Law

First, in part I, this article seeks to explore the background of driverless vehicles, including their history, the technology involved, and general issues and potential problems that may arise from these vehicles entering the market. In part II, the article will discuss existing regulations already in place for autonomous driverless vehicles in both state and federal law. Part III will examine two proposals, those for additional laws, or for the adaptation of existing laws to create new liability schemes, and how most of these proposals are either inadequate or overbroad. Part IV will examine liability waiver for accidents, strict liability ...


An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake 2016 West Virginia University College of Law

An Opening For Civil Rights In Health Insurance After The Affordable Care Act, Valarie K. Blake

Boston College Journal of Law & Social Justice

Section 1557, the civil rights provision of the Affordable Care Act (“ACA”), is unmatched in its reach, widely applying race, gender, disability, and age discrimination protections across all areas of healthcare. This Article will explore the value added of a civil rights approach to combating health insurance discrimination when combined with other ACA anti-discrimination efforts that were designed to regulate the health insurance market. It will emphasize the role that section 1557 can play in combatting healthcare disparities and will explore the utility of disparate impact and disparate treatment claims to those cases. Lastly, the Article will posit that two ...


Do Credit-Based Insurance Scores Proxy For Income In Predicting Auto Claim Risk?, Darcy Steeg Morris, Daniel Schwarcz, Joshua C. Teitelbaum 2016 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 in predicting claim risk. We offer new evidence on this issue in the context of auto insurance. 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 that purchased auto and home policies ...


Nfib V. Sebelius And The Individual Mandate: Thoughts On The Tax/Regulation Distinction, Kyle D. Logue 2016 University of Michigan Law School

Nfib V. Sebelius And The Individual Mandate: Thoughts On The Tax/Regulation Distinction, Kyle D. Logue

Michigan Business & Entrepreneurial Law Review

When Chief Justice John Roberts wrote the opinion of the Court in National Federation of Independent Businesses v. Sebelius (NFIB) explaining the constitutionality of the Affordable Care Act’s (ACA) minimum essential coverage provision (sometimes referred to as the individual mandate), he reasoned that the mandate—or, more precisely, the enforcement provision that accompanied the mandate (the Shared Responsibility Payment or SRP)—could be understood as a tax on the failure to purchase health insurance. According to this view, the enactment of the mandate and its accompanying enforcement provisions fell within Congress’s virtually unlimited power to “lay and collect ...


The Government’S Role In Climate Change Insurance, Peter Molk 2016 Willamette University College of Law

The Government’S Role In Climate Change Insurance, Peter Molk

Boston College Environmental Affairs Law Review

There are no robust insurance markets for climate change insurance. While these markets would provide valuable loss-mitigation incentives, at the same time giving financial certainty to individuals and businesses that face staggering future liabilities, existing efforts have produced a fragmented set of private and public products that provide only piecemeal coverage. This Article examines the government’s role in providing unified markets for insuring climate change risk. Although innovations in reinsurance markets suggest that private insurers could cover discrete risks associated with climate change, such as flood or wind loss, climate change’s broader systemic risks present problems of scale ...


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

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

Boston College Environmental Affairs Law Review

The federal crop insurance program is well-positioned today to promote resilient agricultural practices that 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. Part I of this Article examines the present risk of climate change in agriculture and discusses recent steps taken to address climate change in agriculture in general, specifically within the federal crop insurance program. As a condition to federal crop insurance coverage, a farmer-insured must utilize “good farming practices” to obtain coverage for covered causes of loss. Part II ...


Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin 2016 Vanderbilt Law School

Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin

Boston College Environmental Affairs Law Review

Municipal insurance policies inevitably contain a curious exclusion of coverage for regulatory takings claims. Many courts have interpreted this exclusion broadly, applying it to all land-use litigation. Other courts have interpreted the exclusion narrowly. Both interpretations are problematic. The former is at odds with policy language and the normal rule that insurance policies are to be construed against the insurer. The latter creates an opportunity for plaintiffs to craft their pleadings explicitly to trigger or to avoid triggering the municipality’s insurance coverage. Plaintiffs seeking a quick settlement are well advised to plead around the exclusion so as to settle ...


How Capital Markets Can Help Developing Countries Manage Climate Risk, Michael Bennett, Sophie Smyth 2016 The World Bank

How Capital Markets Can Help Developing Countries Manage Climate Risk, Michael Bennett, Sophie Smyth

Boston College Environmental Affairs Law Review

Climate change is exacerbating the frequency and severity of catastrophic weather events around the world. The economic impact of these events on developing countries can be severe, and roll back years of development gains. To help face this growing challenge, the governments of developing countries need improved access to insurance and alternative risk transfer mechanisms to manage their exposure to climate risk. Multilateral development banks, such as the World Bank, can help. For example, they can catalyze the creation of sovereign risk pools and facilitate access for developing country governments to the substantial reinsurance capacity of the capital markets. The ...


Climate Change Insurance And Disasters: Is The Shenzhen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky, Qihao He 2016 University of Idaho College of Law

Climate Change Insurance And Disasters: Is The Shenzhen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky, Qihao He

Boston College Environmental Affairs Law Review

As one of the most disaster-prone nations, China is grappling with creating effective adaptation strategies. In an effort to pool risk, Chinese officials are introducing new climate change insurance products. This Article describes one pilot product introduced in the City of Shenzhen, a global mega-city with a population of approximately fifteen million, and explores its strengths and weaknesses as a model for adaptation to climate change. This Article concludes with proposals for reducing risk within mega-cities and pooling risk among them.


Mitigation Of Climate Change Risks And Regulation By Insurance: A Feasible Proposal For China, Qihao He 2016 Boston College Law School

Mitigation Of Climate Change Risks And Regulation By Insurance: A Feasible Proposal For China, Qihao He

Boston College Environmental Affairs Law Review

Climate change is one of the most fundamental challenges of our time. The extraordinary growth of greenhouse gas (“GHG”) emissions in China represents the single greatest obstacle to global climate change efforts in the coming decades. Meanwhile, China suffers from the adverse consequences of climate change. It has been recognized that two factors may increase climate change risks: (a) the increase in GHG emissions, which will increase the frequency and intensity of climate hazards; and (b) the increase of value-at-risk, such as the increased concentration of the world’s population and property in vulnerable areas. Therefore, mitigation of climate change ...


Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards 2016 Louisiana State University Paul M. Hebert Law Center

Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards

Boston College Environmental Affairs Law Review

Current levels of greenhouse gases will result in significant sea level rise in the future, irrespective of the success of any future mitigation efforts. Paleoclimate and geologic data from past periods of rising sea level show that low lying areas, especially river deltas which are home to half a billion people, will be inundated. The best way to represent this risk through insurance is to apply the human-life insurance model to coastal property insurance. Human-life insurance is based on the assumption that every insured will die. Because the risk of death increases with age, the cost of insurance increases with ...


Incentivizing Municipalities To Adapt To Climate Change: Takings Liability And Fema Reform As Possible Solutions, David Dana 2016 Northwestern Pritzker School of Law

Incentivizing Municipalities To Adapt To Climate Change: Takings Liability And Fema Reform As Possible Solutions, David Dana

Boston College Environmental Affairs Law Review

This Article addresses a central question of climate adaptation in the United States: how can municipalities, which are best positioned to take a lead in climate change adaptation efforts, be incentivized to do so? The Article analyzes and ultimately rejects as doctrinally unmoored and counterproductive one idea that has been suggested by commentators and arguably endorsed in a few noteworthy recent cases—that is, that municipalities and other governments be held liable under the Takings Clause for their failing to take adaptive measures that protect private property. Instead, the Article argues that municipalities should be given an incentive to adapt ...


Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald T. Hornstein 2016 University of North Carolina School of Law

Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald T. Hornstein

Boston College Environmental Affairs Law Review

The financial costs of extreme weather are profound, not only in terms of the distress of those immediately affected but also in broader, more long-term macroeconomic and public budgetary effects. This Article focuses on the role that private and public insurance can play, both positively and negatively, on these effects. It also provides one of the most detailed analyses in the legal literature to date on the finances of three state residual-risk wind pools in the Gulf and Southeastern United States that have been created specifically with hurricane risks in mind.


The Insurability Of Claims For Restitution, Christopher French 2016 Penn State Law

The Insurability Of Claims For Restitution, Christopher French

Journal Articles

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be ...


The Insurability Of Claims For Restitution, Christopher French 2016 Penn State Law

The Insurability Of Claims For Restitution, Christopher French

Christopher C. French

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)?  This article answers those questions.  It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies.  Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory.  There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be ...


The Insurability Of Claims For Restitution, Christopher French 2016 Penn State Law

The Insurability Of Claims For Restitution, Christopher French

Christopher C. French

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)?  This article answers those questions.  It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies.  Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory.  There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be ...


Hospital Chargemaster Insanity: Heeling The Healers, George A. Nation III 2016 Pepperdine University

Hospital Chargemaster Insanity: Heeling The Healers, George A. Nation Iii

Pepperdine Law Review

Hospital list prices, contained in something called a chargemaster are insanely high, often running 10 times the amount that hospitals routinely accept as full payment from insurers. Moreover, the relative level of a particular hospital’s chargemaster prices bears no relationship to either the quality of the services the hospital provides or, to the cost of the services provided. The purpose of these fictitious list prices is to serve as a starting point or anchoring point, for negotiations with third-party payers regarding the amount that they will actually pay the hospital for it’s goods and services. Ironically, there is ...


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward 2016 Seattle University School of Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Digital Commons powered by bepress