Insurance Law Commons^™

Safeguarding State Interests In Health Insurance Exchange Establishment, Christine M. Monahan

Connecticut Insurance Law Journal

No abstract provided.

Erie Denied: How Federal Courts Decide Insurance Coverage Cases Differently And What To Do About It, John L. Watkins

Connecticut Insurance Law Journal

No abstract provided.

America’S Growing Problem: How The Patient Protection And Affordable Care Act Failed To Go Far Enough In Addressing The Obesity Epidemic, Ashley A. Noel

Connecticut Insurance Law Journal

No abstract provided.

Even I Can’T Cover Me: Examining The Ncaa’S Effective Prohibition On “Loss Of Value” Insurance For Its Student-Athletes, Michael D. Randall

Connecticut Insurance Law Journal

No abstract provided.

Reference Pricing: A Small And Mighty Solution To Bend The Health Care Cost Curve, Srishti Miglani

Connecticut Insurance Law Journal

No abstract provided.

Everything’S Bigger In Texas: Except The Medmal Settlements, Tom Baker, Eric Hellan, Jonathan Klick

Connecticut Insurance Law Journal

No abstract provided.

The Patient Protection And Affordable Care Act: What Does It Really Do?, John G. Day

Connecticut Insurance Law Journal

No abstract provided.

Adoption Disruption Insurance: A Policy That America Is Not Ready To Adopt, Gregory J. Chase

Connecticut Insurance Law Journal

No abstract provided.

An Alternate Theory Of Burwell V. Hobby Lobby, Jessica L. Roberts

Connecticut Insurance Law Journal

No abstract provided.

The Macroprudential Turn: From Institutional 'Safety And Soundness' To Systematic 'Financial Stability' In Financial Supervision, Robert C. Hockett

Cornell Law Faculty Publications

Since the global financial dramas of 2008-09, authorities on financial regulation have come increasingly to counsel the inclusion of macroprudential policy instruments in the standard ‘toolkit’ of finance-regulatory measures employed by financial supervisors. The hallmark of this perspective is its focus not simply on the safety and soundness of individual financial institutions, as is characteristic of the traditional ‘microprudential’ perspective, but also on certain structural features of financial systems that can imperil such systems as wholes. Systemic ‘financial stability’ thus comes to supplement, though not to supplant, institutional ‘safety and soundness’ as a regulatory desideratum.

The move from primarily micro- …

El Deslizamiento Del Salario Mínimo ¿Un Subsidio A La Oferta?, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum

Chad G. Marzen

Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.

Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the various …

The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen

Chad G. Marzen

One of the currents of change sweeping through the insurance industry is the rise of insurance bad faith liability. There is an emerging legal question today as to whether the individual employee adjusters of insurance companies can be subject to bad faith liability.This article examines the question of whether employee-adjusters of insurance companies can and should be held liable for insurance bad faith liability. Early reported cases involving personal liability for bad faith generally held that insurance company employee adjusters were immune from bad faith claims as they were not in privity of contract with insureds. However, three significant decisions …

The Role Of The Profit Imperative In Risk Management, Christopher French

Journal Articles

Risks in the world abound. Every day there is a chance that each of us could be in a car accident. Or, one of us could be the victim of a tornado, flood or earthquake. Every day someone becomes deathly ill from an insidious disease. Our properties are in constant peril—one’s house could catch fire at any time or a tree could fall on it during a storm. Any one of these events could have devastating financial consequences, and they are just a few of the many risks that impact our daily lives. One of the principal ways we manage …

Good Faith And Breach Of The Duty To Settle: Perspectives From The American Law Institute Principles/Restatement Project On Liability Insurance, Jeffrey E. Thomas

Faculty Works

This paper addresses the standard of good faith to be applied to the duty to settle. All insurance policies contain an implied covenant of good faith and fair dealing. This implied covenant has been applied by U.S. courts to an implied duty to settle contained in most liability insurance policies. The implied duty to settle arises from the insurers’ right to settle cases under terms of most liability policies. Because insurers have the duty to defend and the right to settle, courts have found that insurers have an obligation to act in good faith when considering a settlement offer within …

You Get What You Pay For: The Nfip Is Underwater And Climate Change Adaptation Is Essential To Reach Dry Land, Alana Dietel

Florida A & M University Law Review

Climate change is a reality, and Florida is uniquely situated to feel its effects sooner than other states. This is due to the prediction of a substantially rising sea level and the fact that a majority of the most populated and popular areas in Florida are located along or near the coasts. Part I of this article examines the realities of climate change. Part II reviews the current state of the most significant attempt at flood insurance by the Federal government, the NFIP. Part II also reviews Florida’s statewide initiatives, as well as local initiatives of three distinct Florida counties. …

Restatement Of The Law Of Liability Insurance And The Duty To Settle, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Legalese To The Detriment Of Small Business: Midwest Family Mutual Insurance Co. V. Wolters, Andy Hofer

William Mitchell Law Review

No abstract provided.

Model All-Payer Claims Database Legislation, Lucy Hodder, Jo Porter, Ashley Peters

Law Faculty Scholarship

With support from the Gary and Mary West Health Policy Center, the APCD Council has developed model legislation guidance for states to develop all-payer claims database legislation.

Enhancing The Socially Instrumental Role Of Insurance: The Opportunity And Challenge Presented By The Ali Restatement Position On Breach Of The Duty To Defend, Jeffrey W. Stempel

Scholarly Works

The American Law Institute (ALI), in its current draft of the Restatement of the Law of Liability Insurance , has adopted the position that a liability insurer in breach of its duty to defend, but not acting in bad faith, forfeits the right to dispute coverage of the resulting judgment or reasonable, noncollusive settlement in a lawsuit. The ALI view is the minority rule in the courts in that most make bad faith a prerequisite for loss of a coverage defense but presumably will spur re-examination of the issue in many states. Unsurprisingly, insurers have opposed the ALI position with …