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Full-Text Articles in Law
Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway
Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway
Nevada Supreme Court Summaries
Appeal from a district court order holding that self-insured employers under Nevada’s Workers’ Compensation Act can not seek reimbursement from the Nevada Insurance Guaranty Association for amounts that should have been paid by appellant’s insolvent excess insurance carrier.
The "Other" Intermediaries: The Increasingly Anachronistic Immunity Of Managing General Agents And Independent Claims Adjusters, Jeffrey W. Stempel
The "Other" Intermediaries: The Increasingly Anachronistic Immunity Of Managing General Agents And Independent Claims Adjusters, Jeffrey W. Stempel
Scholarly Works
This article addresses the "other" intermediaries involved in the administration of insurance policies, specifically "downstream" intermediaries, who are engaged in the administration of insurance claims. The focus is on managing general agents, third-party administrators and independent contractor claims adjusters, who perform the nuts-and-bolts tasks of the insurance industry, and are generally less well compensated than commercial insurance brokers. Since these "other" intermediaries are immune from judicial claims by policyholders, they are also less incentivized to perform their duties well. The article argues that, in order to improve the claims process, the "other" intermediaries should be held accountable for their misconduct, …
The Insurance Policy As Thing, Jeffrey W. Stempel
The Insurance Policy As Thing, Jeffrey W. Stempel
Scholarly Works
Insurance policies are a type of contract. But characterizing them only as contracts misses much of the richness of the insurance arrangement, policyholder-insurer relations, and the degree to which insurance policies, which are heavily standardized, are designed to perform a particular function. Because of their mass standardization and deployment to address particular risk management issues, insurance policies are in many respects like products or chattels. Insurers and the insurance trade press in fact frequently speak of a line of insurance "products" or a new "product" being introduced to address an emerging risk. Appreciating this aspect of the insurance policy can …
Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino
Remarks: Neuroscience, Gender, And The Law, Stacey A. Tovino
Scholarly Works
These remarks, delivered at the Neuroscience, Law, and Government Symposium held at the University of Akron School of Law in 2009, explore how stakeholders are using advances in the neuroscience of three gender-specific and gender-prevalent conditions (the postpartum mood disorders, premenstrual dysphoric disorder, and eating disorders) to secure health care benefits under group health plans and individual health insurance policies and to push for the inclusion of these conditions in mental health parity legislation.