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A Common Conflict: Common Fund Doctrine And Medical Provider Liens In Tort Settlements, Scott J. Sheltra 2021 Boston College Law School

A Common Conflict: Common Fund Doctrine And Medical Provider Liens In Tort Settlements, Scott J. Sheltra

Boston College Law Review

Plaintiffs in negligent tort actions often recover less money than they need to resolve all of their accident-related debts due to the insufficient availability of liability insurance proceeds. Two significant debts common to these tort actions are liens for medical treatment of injuries that plaintiffs sustain and the attorney’s fees plaintiffs incur in pursuing liable insurance companies. The law places plaintiffs’ attorneys and medical lienholders in an inherently adversarial position. Medical lien statutes frequently grant attorney’s fees first priority to settlement proceeds but also do not require medical lienholders to reduce their claims, even if available insurance funds ...


Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. deLatour 2021 Georgia State University College of Law

Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. Delatour

Georgia State University Law Review

The COVID-19 pandemic has impacted virtually every facet of life in the United States, including the insurance industry. In particular, the number of business interruption insurance coverage lawsuits has continued to climb since March 2020, as insurers are denying coverage for pandemic-related losses and policyholders are seeking indemnification. Courts across the country are faced with answering difficult, novel questions about the interpretation and scope of business interruption insurance policies. Collectively, the conclusions the courts reach are critically important because they will determine the fate of policyholders and the insurance industry, respectively. This Note explores business interruption insurance coverage during COVID-19 ...


Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy 2021 Schulich School of Law, Dalhousie University

Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy

Dalhousie Law Journal

The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments ...


Legal Evaluation Of The Regulation Of The Unified Motor Vehicle Insurance Policy: A Comparative Study, Dr. Issa Ghassan Al-Rabdi 2021 Assistant Professor of Civil Law - Dean of the College of Law - University of Science and Technology in Fujairah, UAE

Legal Evaluation Of The Regulation Of The Unified Motor Vehicle Insurance Policy: A Comparative Study, Dr. Issa Ghassan Al-Rabdi

Journal Sharia and Law

The need Settlement of disputes arising from bank credit between national and Vehicle accidents pose a great danger to people's lives and property, which is why, decades ago, the United Arab Emirates turned towards the path followed by the vast majority of Arab and foreign countries, which is the regulation of compulsory insurance on the civil liability of vehicle accidents.

The Board of Directors of the Insurance Authority issued the unified vehicle insurance policy issued under the system of unification of vehicle insurance policies under Resolution No. (25) Of 2016. This document is a legal system, amending Ministerial Resolution ...


Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Frivolous Defenses, Thomas D. Russell 2021 University of Denver Sturm College of Law

Frivolous Defenses, Thomas D. Russell

Cleveland State Law Review

This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs’ bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash personal injury cases in Colorado’s district courts. The Article situates these cases within dispute pyramid elements, including the total number of miles-traveled within Colorado and the volume of civil litigation. The Article then analyzes the defense attorneys’ departures from the Colorado Rules of Civil Procedure, especially Rule ...


Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul McHugh 2021 Brooklyn Law School

Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul Mchugh

Journal of Law and Policy

COVID-19-related business closures led to thousands of business interruption insurance claims and lawsuits across the country. However, throughout the history of business interruption policies, obstacles such as virus exclusions and “physical damage” requirements have been added in response to prior pandemics and catastrophic losses. These exclusions and requirements have led to many hurdles and outright denials for those seeking payment on their policies. So, then, can business owners still find some economic refuge in these policies? Despite outright denials in many courts, at least a handful of federal judges as well as a number of members of Congress seem to ...


Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg 2021 University of Washington School of Law

Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg

Washington Law Review

For decades, the Department of Justice (DOJ) has issued a steady flood of press releases announcing False Claims Act (FCA) settlements against health care entities and extolling the purportedly sharp message sent to the industry through these settlements about the consequences of engaging in wrongdoing. The FCA is the primary mechanism for government enforcement against health care entities engaged in wrongdoing, and it is expected to be DOJ’s key tool for addressing fraud arising out of government programs in response to the COVID-19 pandemic. DOJ has pointed to three key goals of its enforcement efforts (deterrence, incentivizing cooperation, and ...


Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross 2021 Barry University Dwayne O. Andreas School of Law

Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross

Loyola of Los Angeles Law Review

“Let it not be said that I was silent when they needed me.”

– William Wilberforce


Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter 2021 Rhode Island Sea Grant Law Fellow and J.D. Candidate, 2021

Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Appraising Problems, Not Stuff, Chad J. Pomeroy 2021 St. Mary's University, San Antonio

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.


070— Mental Health Parity: What It Is And Why It Matters, Lauren Klein 2021 SUNY Geneseo

070— Mental Health Parity: What It Is And Why It Matters, Lauren Klein

GREAT Day

While stigma around mental health, as well as treatment options have been drastically improved within the last decade, people who need help still are not getting it. The ultimate issue is the lack of mental health parity, which is defined by the equal treatment and benefits of other health conditions in insurance plans. Benefits such as inpatient in-network & out-of-network, co-pays, deductibles, max limit for out of pocket costs, reimbursement rates, geographic care, and coverage for any type of hospitalization. The lack of these advantages force people into difficult situations in order to receive these services. Paying abundant amounts of money ...


Hard Battles Over Soft Law: The Troubling Implications Of Insurance Industry Attacks On The American Law Institute Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel 2021 William S. Boyd School of Law, University of Nevada Las Vegas

Hard Battles Over Soft Law: The Troubling Implications Of Insurance Industry Attacks On The American Law Institute Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel

Cleveland State Law Review

ALI Restatements of the Law have traditionally exerted significant influence over court decisions and the development of the common law. During the past two decades, however, the ALI has seen an upsurge in interest group activity designed to shape or even thwart aspects of the Institute’s work. Most recently, the Restatement of the Law of Liability Insurance (RLLI) has been the focus of not only criticism of particular provisions but a concerted effort by members of the insurance industry to demonize the project as a whole and bar use of the document by courts.

The vehemence of insurer opposition ...


"Sudden And Accidental" Pollution Exclusions: The Battle Between Insurance Carriers And Insureds Continues, Penny R. Warren 2021 Wyatt, Tarrant & Combs, LLP

"Sudden And Accidental" Pollution Exclusions: The Battle Between Insurance Carriers And Insureds Continues, Penny R. Warren

Journal of Natural Resources & Environmental Law

No abstract provided.


Views On The Position Of The Contemporary Islamic Jurisprudence On The Question Of Insurance B Y Prof. Mustafa El-Gammel, 2021 United Arab Emirates University

Views On The Position Of The Contemporary Islamic Jurisprudence On The Question Of Insurance B Y Prof. Mustafa El-Gammel

Journal Sharia and Law

This article analyzes and evaluates the positions of the contemporary Islamic jurisprudence regarding the question of insurance. The practice in this respect is to present the views of those who consider insurance as a legitimate activity, and the views of those who consider it as illegal one, and deal with the arguments and replies offered in support of such views. This article, however, has adopted a different approach, based on tracing or examining the fundamental. Conceptions from which the different positions on insurance flow, and evaluate them in the light of their understanding of the system of insurance. There are ...


أ.د. فتحي عبد الرحيم عبد الله - نظام التأمين في دولة الإمارات العربية المتحدة, 2021 United Arab Emirates University

أ.د. فتحي عبد الرحيم عبد الله - نظام التأمين في دولة الإمارات العربية المتحدة

Journal Sharia and Law

يعد نظام التأمين حديث النشأن وذلك رغم ذيوعه وانتشاره في التجارة والصناعة وغيرها من وجوه النشاط الاقتصادي وهو أكثر حداثة في دولة الإمارات العربيةالمتحدة، إذ بدأ ينتشر فيها قبيل الاستقلال مع ظهور الاكتافات النفطية عام 1960 ويميز فقهاء القانون بين التأمين من ناحية تنظيمه الداخلي باعتباره فكرة وطريقة ذات أثر اقتصادي واجتماعي ترتكز على نظرية عامة ذات قواعد وأسس فنية، وبين عقد التأمين باعتباره تصرفاً قانونياً ينشئ حقوقاً بين طرفين متعاقدين وتطبيقاً عملياً لذلك النظام.

وقد ظهر أول تنظيم تشريعي لشركات ووكلاء التأمين بالدولة بصدور القانون الاتحادي رقم 9 لسنة 1984 وكان قد صدر من قبل التنظيم القانوني لعقد التأمين ...


مدى خضوع التأمين التجاري لأحكام عقد التأمين في قانون المعاملات المدنية, 2021 United Arab Emirates University

مدى خضوع التأمين التجاري لأحكام عقد التأمين في قانون المعاملات المدنية

Journal Sharia and Law

تعليق على أحكام محكمة تمييز دبي في شأن القانون الواجب التطبيق على التأمين التجاري

بشان القانون الواجب التطبيق على التأمين التجاري

تعليق على حكم محكمة (غير محكم)


End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments, Jameson Steffel 2021 University of Cincinnati College of Law

End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments, Jameson Steffel

University of Cincinnati Law Review

No abstract provided.


Death By Denial: Pre-Existing Conditions As A Bar To Accident Insurance Recovery, Madeleine M. Kausel 2021 Boston College Law School

Death By Denial: Pre-Existing Conditions As A Bar To Accident Insurance Recovery, Madeleine M. Kausel

Boston College Law Review

On February 4, 2020, the United States Court of Appeals for the First Circuit, in Arruda v. Zurich American Insurance Co., held that an insurance plan administrator’s denial of coverage was not an abuse of discretion because the plan participant’s pre-existing medical conditions contributed to his accidental death. The First Circuit rejected the “substantial factor” test and applied a plain meaning approach. In reaching this conclusion, the court split from the Fourth, Ninth, and Eleventh Circuits’ interpretations of ERISA-covered accident policies. This Comment argues that the First Circuit should have applied the substantial factor test because, unlike the ...


Penerapan Prinsip Kontribusi Dan Prinsip Subrogasi Dalam Asuransi Pengangkutan Laut (Studi Kasus Pt. Asuransi Axa Indonesia Dengan Pt. Asuransi Buana Independent), Luthfiana Arumsari 2021 Universitas Indonesia

Penerapan Prinsip Kontribusi Dan Prinsip Subrogasi Dalam Asuransi Pengangkutan Laut (Studi Kasus Pt. Asuransi Axa Indonesia Dengan Pt. Asuransi Buana Independent), Luthfiana Arumsari

Dharmasisya

In insurance, for the same object can be insured to more than 1 (one) insurance company, which means it is possible for an insured to receive profits from 2 (two) or more insurers, to avoid this, in the insurance law in Indonesia known indemnity principle , which serves to avoid the benefits received by the insured that exceeds the losses suffered. The author conducted research at PT. AXA Insurance Indonesia (hereinafter referred to as PT. AXA) and PT. Buana Independent Insurance (hereinafter referred to as PT. ABI), each of which is an Insurance company that has equally guaranteed a cargo of ...


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