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1686 full-text articles. Page 1 of 35.

Religious Employers And Statutory Prescription Contraceptive Mandates, Susan J. Stabile 2017 St. John's University School of Law

Religious Employers And Statutory Prescription Contraceptive Mandates, Susan J. Stabile

The Catholic Lawyer

No abstract provided.


Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception, Edward T. Mechmann, Esq. 2017 St. John's University School of Law

Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception, Edward T. Mechmann, Esq.

The Catholic Lawyer

No abstract provided.


Insurance Coverage Issues In Cases Of Clergy Misconduct, James A. Serritella 2017 St. John's University School of Law

Insurance Coverage Issues In Cases Of Clergy Misconduct, James A. Serritella

The Catholic Lawyer

No abstract provided.


The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt 2017 University of Maine School of Law

The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt

Maine Law Review

This paper suggests how the duty to settle, which requires liability insurers to pay damages awarded against their insured in excess of the policy limits when the insurers reject a reasonable settlement offer within the limits, may have indirectly led certain of their insureds--small business recreational vendors like horse riding stables or some motels offering swimming pools with diving boards--to sanitize the recreational activities they offer. More generally, the duty to settle's effect on the lawsuits injured customers brought against small business recreational vendors may have led a wide variety of such vendors to sanitize activities the vendors previously ...


Litigating Against Distant Insurance Carriers, Michael C. Geraghty 2017 St. John's University School of Law

Litigating Against Distant Insurance Carriers, Michael C. Geraghty

The Catholic Lawyer

No abstract provided.


Reading Alexander V. Choate Rightly: Now Is The Time, Leslie Francis, Anita Silvers 2017 S.J. Quinney College of Law, University of Utah

Reading Alexander V. Choate Rightly: Now Is The Time, Leslie Francis, Anita Silvers

Utah Law Faculty Scholarship

Whatever happens to the Affordable Care Act (ACA) over the next few years, it is fair to assume that state Medicaid programs will be subjected to cost control measures. Despite the recent deployment of substantial arguments to the contrary, the belief still persists that the Supreme Court’s decision in Alexander v. Choate over thirty years ago stands for the proposition that disability anti-discrimination law does not impose requirements on the structure of Medicaid benefits. This belief is misleading at best. In this article, we challenge the access/content distinction and the straitened interpretation of Alexander v. Choate that has ...


Anthem Health Plans Of Maine, Inc. V. Superintendent Of Insurance: Judicial Restraint Or Judicial Abdication?, David E. Sorensen 2017 University of Maine School of Law

Anthem Health Plans Of Maine, Inc. V. Superintendent Of Insurance: Judicial Restraint Or Judicial Abdication?, David E. Sorensen

Maine Law Review

When Maine’s Superintendent of Insurance told the state’s largest health insurer that it could not profit in 2009, her decision ended up on appeal before the Maine Supreme Judicial Court, sitting as the Law Court, in Anthem Health Plans of Maine, Inc. v. Superintendent of Insurance. As part of its annual rate approval process, Anthem had requested a 3% profit and risk margin on its individual lines of health insurance in Maine. Superintendent Mila Kofman denied this request under her statutory authority to deny any rate increase proposals that are “excessive, inadequate or unfairly discriminatory.” The Superintendent held ...


Diocesan Self-Insurance Programs: The Philadelphia Approach, John P. O'Dea 2017 St. John's University School of Law

Diocesan Self-Insurance Programs: The Philadelphia Approach, John P. O'Dea

The Catholic Lawyer

No abstract provided.


Erisa And Graham-Cassidy: A Disaster In Waiting For Employee Health Benefits And For Dependents Under 26 On Their Parents’ Plans, Leslie Francis 2017 S.J. Quinney College of Law, University of Utah

Erisa And Graham-Cassidy: A Disaster In Waiting For Employee Health Benefits And For Dependents Under 26 On Their Parents’ Plans, Leslie Francis

Utah Law Faculty Scholarship

Graham Cassidy § 105 would repeal the ACA “employer mandate”. Although its sponsors claim that the bill will give states a great deal of flexibility, it will do nothing to help states ensure that employers provide their employees with decent health insurance; quite the reverse. It will also give employers the freedom to ignore the popular ACA requirement that allows children up to age 26 to receive coverage through their parent’ plans, at least when their parents get health insurance from their employers. Here’s why.


Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert 2017 University of Pennsylvania Law School

Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert

Faculty Scholarship

Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...


The Forfeiture Of Coverage Defenses Rule: An Economic Analysis, Tom Baker, Ezra Friedman, Kyle D. Logue 2017 University of Pennsylvania Law School

The Forfeiture Of Coverage Defenses Rule: An Economic Analysis, Tom Baker, Ezra Friedman, Kyle D. Logue

Faculty Scholarship

In liability insurance, the duty to defend is broader than the duty to cover. Thus it is possible that an insurer that has a duty to defend a suit may not have the duty to cover the policyholder's liabilities in the suit. However, if the penalty for a breach of the duty to defend is limited to actual legal costs spent by the defendant, the insurer may have an incentive to refuse to defend, even when the duty to defend is clear. This occurs because the insurer will not internalize the consequences of an inadequate defense when it ultimately ...


Murder For Life Insurance Money: Protecting The Children, Johnny C. Chriscoe 2017 Campbell University School of Law

Murder For Life Insurance Money: Protecting The Children, Johnny C. Chriscoe

Johnny C. Chriscoe

Children are being murdered for life insurance proceeds. Of course, if a beneficiary murders a child for the recovery of life insurance money and if he is apprehended, he will surely face numerous legal consequences. He will not recover the insurance money, he will be prosecuted and likely sentenced to life imprisonment or execution, he may be sued for the wrongful death of the child and he may be prosecuted for insurance fraud. However, all of these legal responses are triggered by the death of the child and, therefore, do not serve to protect the child from being murdered in ...


The Perfect Storm Is Brewing Once Again: What Scaling Back Dodd-Frank Will Mean For The Credit Default Swap, Daniel Isaacson 2017 Pepperdine University

The Perfect Storm Is Brewing Once Again: What Scaling Back Dodd-Frank Will Mean For The Credit Default Swap, Daniel Isaacson

The Journal of Business, Entrepreneurship & the Law

The current presidential administration has expressed a concerted desire to “scale back” and even “get rid of” the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd–Frank). Focusing specifically on Dodd–Frank’s regulation of the credit default swap (CDS), this Article explores two timely queries. First, whether Dodd–Frank’s regulatory response to these financial instruments is a justifiable one, and second, what effect a repeal may have. This Article will show that the “perfect storm” CDS—which contributed so significantly to the 2007–2010 financial crisis—flourished in a regulatory environment that contained two key weaknesses ...


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 2017 Villanova University Charles Widger School of Law

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.


Solidarity In Overlapping Insurance Coverage: Rethinking Hoefly, Alex Robertson 2017 Louisiana State University Law Center

Solidarity In Overlapping Insurance Coverage: Rethinking Hoefly, Alex Robertson

Louisiana Law Review

The article focuses on the Louisiana Civil Code on solidarity and its interpretation of solidarity arising from the law and its application in the insurance and discusses Hoefly v. Government Employees Insurance Company court case on same.


Hurricanes, Fraud, And Insurance: The Supreme Court Weighs In On, But Does Not Wade Into, The Concurrent Causation Conundrum In State Farm Fire And Casualty Company V. Rigsby, Chris French 2017 Penn State Law

Hurricanes, Fraud, And Insurance: The Supreme Court Weighs In On, But Does Not Wade Into, The Concurrent Causation Conundrum In State Farm Fire And Casualty Company V. Rigsby, Chris French

Christopher C. French

In the December 6, 2016 Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner had homeowners insurance with State Farm and a flood insurance policy that was administered by State Farm on behalf of the federal government. The claims adjusters assigned by State Farm to handle the homeowner’s claim allegedly were instructed by State Farm to misclassify wind damage as flood damage in order to shift State Farm’s own liability for the loss to the federal government. The claims handlers filed a lawsuit against State Farm under the False ...


Deference To The Agency Is The Best Policy: The D.C. Circuit Applies Chevron In Denying Additional Medicare Reimbursements To Provider Hospitals In Washington Regional Medicorp, Brandon Curtin 2017 Boston College Law School

Deference To The Agency Is The Best Policy: The D.C. Circuit Applies Chevron In Denying Additional Medicare Reimbursements To Provider Hospitals In Washington Regional Medicorp, Brandon Curtin

Boston College Law Review

On December 29, 2015, in Washington Regional Medicorp v. Burwell, the U.S. Court of Appeals for the District of Columbia Circuit held that the Secretary of Health and Human Services (“HHS”) correctly interpreted the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) in calculating Medicare reimbursements for a provider hospital based on the capped target amount from the previous year. In agreeing with the Secretary, the D.C. Circuit joined the U.S. Courts of Appeals for the Third and Sixth Circuits in holding that the statute and its implementing regulations supported the Secretary. The U.S. Court ...


Can You Keep It? An Examination Of The Individual Health Insurance Market, Rachael Carnale 2017 University of Connecticut

Can You Keep It? An Examination Of The Individual Health Insurance Market, Rachael Carnale

Honors Scholar Theses

The passage of the Patient Protection and Affordable Care Act (PPACA, ACA, or Obamacare) in 2010 significantly altered the structure of the individual health insurance market. The new regulatory environment and establishment of the health insurance exchanges forced insurers to adopt to be successful in the reformed individual market. However, the complexity of the law and uncertainty surrounding both the law itself and the newly insured have threatened the stability of the individual market. This thesis will explore the history of the individual health insurance market, the issues that current afflict the exchanges, and viability of possible solutions. Special attention ...


Unemployment Compensation, Rev. Austin P. Bennett 2017 St. John's University School of Law

Unemployment Compensation, Rev. Austin P. Bennett

The Catholic Lawyer

No abstract provided.


Unemployment Compensation, Ted During 2017 St. John's University School of Law

Unemployment Compensation, Ted During

The Catholic Lawyer

No abstract provided.


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