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Full-Text Articles in Law
Third-Party Moral Hazard And The Problem Of Insurance Externalities, Peter Siegelman, Gideon Parchomovsky
Third-Party Moral Hazard And The Problem Of Insurance Externalities, Peter Siegelman, Gideon Parchomovsky
Faculty Articles and Papers
Insurance can lead to loss or claim creation not only by insureds but also by uninsured third parties. These externalities-which we call third-party moral hazard-arise because insurance creates opportunities both to extract rents and to recover otherwise unrecoverable losses. Using examples from health, automobile, kidnap, and liability insurance, we demonstrate that the phenomenon is widespread and important and that the downsides of insurance are greater than previously believed. We explain the economic, social, and psychological reasons for this phenomenon and propose policy responses. Contract-based methods that are traditionally used to control first-party moral hazard can be welfare reducing in the …
Legal Winners And Losers In The Mortgage Crisis, Shaun P. Martin
Legal Winners And Losers In The Mortgage Crisis, Shaun P. Martin
Connecticut Insurance Law Journal
No abstract provided.
Regulation By Catastrophe Insurance: A Comparative Study, Qihao He, Michael Faure
Regulation By Catastrophe Insurance: A Comparative Study, Qihao He, Michael Faure
Connecticut Insurance Law Journal
No abstract provided.
Does Small Group Health Insurance Deliver Group Benefits: An Argument In Favor Of Allowing The Small Group Market To Die, John Aloysius Cogan, Jr.
Does Small Group Health Insurance Deliver Group Benefits: An Argument In Favor Of Allowing The Small Group Market To Die, John Aloysius Cogan, Jr.
Faculty Articles and Papers
The small group health insurance market is failing. Today, fewer than one-third of small firms now offer health insurance and the number of people covered by small group insurance continues to drop. These problems invite the obvious question: What should be done about the small group market? Past scholarship on the small group market has largely focused on documenting the market's problems, evaluating the effectiveness of prior reform efforts, and proposing regulatory changes to stabilize the market. This Article takes a different approach to the small group problem by asking a previously unasked question: Does the small group market deliver …
Can You Keep It? An Examination Of The Individual Health Insurance Market, Rachael Carnale
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 …
Improving State Regulation Of Homeowners Insurance: The Essential Protections For Policyholders Project, Jay M. Feinman
Improving State Regulation Of Homeowners Insurance: The Essential Protections For Policyholders Project, Jay M. Feinman
Connecticut Insurance Law Journal
No abstract provided.
Unlocking Exchanges, Brendan S. Maher
Unlocking Exchanges, Brendan S. Maher
Connecticut Insurance Law Journal
No abstract provided.
Remedies For Breach Of The Pre-Contract Duty Of Disclosure In Chinese Insurance Law, Zhen Jing
Remedies For Breach Of The Pre-Contract Duty Of Disclosure In Chinese Insurance Law, Zhen Jing
Connecticut Insurance Law Journal
No abstract provided.
Agreeing In The Shadow Of The Policy: How Corporate Insurance Policies Impact The Resolution Of Governmental Investigations Into Corporate Crime, Beth Olsen
Connecticut Insurance Law Journal
No abstract provided.
Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff
Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff
Connecticut Insurance Law Journal
No abstract provided.
A Jurisprudential Survey Of The Tort Of Spoliation Of Evidence: Resolving Third-Party Insurance Company Automobile Spoliation Claims, Steven Plitt, Jordan R. Plitt
A Jurisprudential Survey Of The Tort Of Spoliation Of Evidence: Resolving Third-Party Insurance Company Automobile Spoliation Claims, Steven Plitt, Jordan R. Plitt
Connecticut Insurance Law Journal
No abstract provided.
Regulation By Government-Sponsored Reinsurance In Catastrophe Management, Qihao He
Regulation By Government-Sponsored Reinsurance In Catastrophe Management, Qihao He
Connecticut Insurance Law Journal
No abstract provided.
Regulating Home Equity Protection Companies And Contracts: Are States Making “The Best” An Enemy Of “The Good”?, John E. Marthinsen
Regulating Home Equity Protection Companies And Contracts: Are States Making “The Best” An Enemy Of “The Good”?, John E. Marthinsen
Connecticut Insurance Law Journal
No abstract provided.
Removing The Legal Impediments To Offering Lifetime Annuities In Pension Plans, Jonathan Barry Forman
Removing The Legal Impediments To Offering Lifetime Annuities In Pension Plans, Jonathan Barry Forman
Connecticut Insurance Law Journal
No abstract provided.
The Pension Mis-Selling Scandal, The Sec, And The Fiduciary Standard, John A. Turner
The Pension Mis-Selling Scandal, The Sec, And The Fiduciary Standard, John A. Turner
Connecticut Insurance Law Journal
No abstract provided.
A Closer Look At The Iras In State Automatic Enrollment Ira Programs, Kathryn L. Moore
A Closer Look At The Iras In State Automatic Enrollment Ira Programs, Kathryn L. Moore
Connecticut Insurance Law Journal
No abstract provided.
Funding Of Public Sector Pension Plans: What Can Be Learned From The Private Sector?, Israel Goldowitz
Funding Of Public Sector Pension Plans: What Can Be Learned From The Private Sector?, Israel Goldowitz
Connecticut Insurance Law Journal
No abstract provided.
Friedrichs And The Move Toward Private Ordering Of Wages And Benefits In The Public Sector, Maria O'Brien Hylton
Friedrichs And The Move Toward Private Ordering Of Wages And Benefits In The Public Sector, Maria O'Brien Hylton
Connecticut Insurance Law Journal
No abstract provided.
Pension De-Risking, Brendan Maher
Pension De-Risking, Brendan Maher
Faculty Articles and Papers
The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans that, whatever their theoretical merit, have left significant numbers of workers unprepared for retirement. A troubling example of the continuing movement away from defined benefit plans is a new phenomenon euphemistically called “pension de-risking.” Recent years have been marked by high-profile companies engaging in various actions designed to reduce the company’s exposure to pension funding risk (hence the term “pension de-risking”). Some de-risking strategies convert a federally-guaranteed pension into a more risky private annuity. Other approaches …
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan, Jr.
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
Health Insurance Rate Review, John Aloysius Cogan, Jr.
Health Insurance Rate Review, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman
Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman
Faculty Articles and Papers
Asymmetric information makes the behavior of insurance markets very difficult to predict. But this Article argues that the increasing use of Big Data by insurers will not result in forecasts of loss that are so accurate that they eliminate uncertainty, and with it, the possibility of insurance. Big Data techniques might lead to a 'flip" in informational asymmetry, resulting in a situation in which insurers know more about their customers than the latter know about themselves. But the effects of such a development could actually be benign. Finally, the Article considers the potential for Big (or at least, More) Data …
Safeguarding State Interests In Health Insurance Exchange Establishment, Christine M. Monahan
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
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
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
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
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
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
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
Adoption Disruption Insurance: A Policy That America Is Not Ready To Adopt, Gregory J. Chase
Connecticut Insurance Law Journal
No abstract provided.