Benefits Of The U.S. Program For Terrorism Insurance From A Comparative Perspective,
2017
University of Missouri - Kansas City, School of Law
Benefits Of The U.S. Program For Terrorism Insurance From A Comparative Perspective, Jeffrey E. Thomas
Faculty Works
This article summarizes the U.S. program for terrorism insurance and outlines its advantages as compared to similar programs in other developed countries. The program, while similar to reinsurance, does not require participants to pay premiums but instead uses an ex post recoupment mechanism. Consequently, it is generally referred to as a Federal “backstop.” This approach requires less capital investment and makes “pricing” more accurate than a reinsurance approach. The program also requires insurers to maintain significant amounts of exposure through insurer deductibles and copayments, which creates market demand for the development of terrorism reinsurance in the private market. The current …
Compulsory Corporate Cyber-Liability Insurance: Outsourcing Data Privacy Regulation To Prevent And Mitigate Data Breaches,
2017
University of Minnesota Law School
Compulsory Corporate Cyber-Liability Insurance: Outsourcing Data Privacy Regulation To Prevent And Mitigate Data Breaches, Minhquang N. Trang
Minnesota Journal of Law, Science & Technology
No abstract provided.
Remedying Stigma-Driven Health Disparities In Sexual Minorities,
2017
West Virginia University College of Law
Remedying Stigma-Driven Health Disparities In Sexual Minorities, Valarie K. Blake
Law Faculty Scholarship
No abstract provided.
The Law & Economics Of Insurance,
2016
University of Minnesota School of Law
The Law & Economics Of Insurance, Daniel Schwarcz, Peter Siegelman
Peter Siegelman
Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments,
2016
Penn State Law
Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French
Christopher C. French
Insurance Policies: The Grandparents Of Contractual Black Holes,
2016
Penn State Law
Insurance Policies: The Grandparents Of Contractual Black Holes, Christopher French
Christopher C. French
Insuring Takings Claims,
2016
Vanderbilt Law School
Insuring Takings Claims, Christopher Serkin
Northwestern University Law Review
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …
A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities,
2016
University of San Diego
A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher C. French
San Diego Law Review
When the superstar athlete—“Iron Mike” Webster—a nine-time NationalFootball League (NFL) Pro Bowler, four-time Super Bowl Champion, Hall of Fame center for the Pittsburgh Steelers—died at age fifty with severe brain dysfunction after becoming homeless and living in a truck, it was discovered he had a previously nameless disease, Chronic Traumatic Encephalopathy (CTE). The discovery of CTE opened the floodgates on interest in delayed manifestation brain diseases caused by repeated blows to the head. As part of that flood, many retired NFL players brought numerous class actions against the NFL for their alleged brain diseases caused by the repeated blows to …
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions,
2016
Brooklyn Law School
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
Insurance,
2016
Mercer University School of Law
Insurance, Maren R. Cave, Stephen Schatz, Bradley S. Wolff
Mercer Law Review
A number of matters of first impression in Georgia were addressed during this survey period, including who bears the burden of establishing whether a vehicle is "uninsured," whether the use of a formula in establishing diminished value is bad faith, and what the trigger date is for coverage for claims of malicious prosecution and negligent repair. Additionally, the Georgia Supreme Court squarely and definitely addressed whether lead-based paint is a "pollutant" for purposes of a pollution exclusion in a Commercial General Liability (CGL) Policy.
Recent Decision: Incontestability Clause Bars Action By Insured,
2016
St. John's University School of Law
Recent Decision: Incontestability Clause Bars Action By Insured
The Catholic Lawyer
No abstract provided.
Financial Hardship From Purchasing Medications For Senior Citizens Before And After The Medicare Modernization Act Of 2003 And The Patient Protection And Affordable Care Act Of 2010: Findings From 1998, 2001, And 2015,
2016
University of Minnesota
Financial Hardship From Purchasing Medications For Senior Citizens Before And After The Medicare Modernization Act Of 2003 And The Patient Protection And Affordable Care Act Of 2010: Findings From 1998, 2001, And 2015, Anthony W. Olson, Jon C. Schommer, David A. Mott, Lawrence M. Brown
Pharmacy Faculty Articles and Research
BACKGROUND: The Medicare Modernization Act of 2003 (Medicare Part D) added prescription drug coverage for senior citizens aged 65 years and older and applied managed care approaches to contain costs. The Patient Protection and Affordable Care Act of 2010 (ACA) had the goals of expanding health care insurance coverage and slowing growth in health care expenditures.
OBJECTIVES: To (a) describe the proportion of senior citizens who had prescription drug insurance coverage and the proportion who experienced financial hardship from purchasing medications in 2015, and (b) compare the findings with those collected in 1998 and 2001.
METHODS: Data were obtained in …
Loose Tendency Of “Pay To Be Paid” Rule Of P&I Clubs,
2016
World Maritime University
Loose Tendency Of “Pay To Be Paid” Rule Of P&I Clubs, Long Jia
World Maritime University Dissertations
No abstract provided.
Resource Guide For Addiction And Mental Health Care Consumers: Answering Questions About Insurance Coverage And Parity For Addiction And Mental Health Care Services,
2016
University of New Hampshire School of Law
Resource Guide For Addiction And Mental Health Care Consumers: Answering Questions About Insurance Coverage And Parity For Addiction And Mental Health Care Services, Lucy C. Hodder, Michele D. Merritt, Margaret H. Schmidt, Jacqueline Botchman, Caitlyn Ebert, Marguerite Corvini, Kate Crary, Bridget Drake
Law Faculty Scholarship
Navigating the maze of health insurance coverage can be difficult. For individuals with addiction or mental illness, the process of getting treatment approved and paid for by health insurance can be overwhelming. As a result, many people give up when their health insurance company denies coverage for needed services. This Guide can help people learn how to access health insurance and use their coverage to pay for treatment. This Guide also provides a basic explanation of consumers’ rights under the federal Mental Health Parity and Addiction Equity Act.
Insuring Landslides: America’S Uninsured Natural Catastrophes,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher C. French
Nevada Law Journal
No abstract provided.
The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Right To Reimbursement: Nevada Courts Should Follow The Trend And Forbid Insurers From Seeking Recoupment Of Defense Costs, Kristen Matteoni
Nevada Law Journal
No abstract provided.
Outliving Love: Marital Estrangement In An African Insurance Market,
2016
University of New Hampshire, Durham
Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski
Anthropology
Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016),
2016
Nevada Law Journal
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich
Nevada Supreme Court Summaries
The Court considered three consolidated appeals from a district court judgment, pursuant to a jury verdict, and post-judgment orders awarding costs and denying a new trial in a personal injury action. While the Court addressed numerous issues, the following three questions comprised the bulk of the consolidated appeals: (1) whether an attorney may ask prospective jurors questions concerning a specific verdict amount to determine potential bias or prejudice; (2) whether repeatedly asking questions about that specific amount results in jury indoctrination warranting a mistrial; and (3) when a district court abuses its discretion in dismissing jurors for cause under Jitnan …
Late Harvest And Crop Insurance Coverage,
2016
Iowa State University
Late Harvest And Crop Insurance Coverage, William M. Edwards
William Edwards
Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.
Late Harvest And Crop Insurance Coverage,
2016
Iowa State University
Late Harvest And Crop Insurance Coverage, William M. Edwards
William Edwards
Iowa and other Corn Belt states are experiencing one of the latest and slowest harvest seasons on record. Some producers have had concerns about whether their crop insurance coverage will be still be in effect if harvesting drags into December.
