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Full-Text Articles in Law

Third-Party Moral Hazard And The Problem Of Insurance Externalities, Peter Siegelman, Gideon Parchomovsky Jan 2022

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 Jan 2018

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 Jan 2018

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. Jan 2018

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 May 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2017

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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. Jan 2016

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. Jan 2016

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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 Jan 2015

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

Connecticut Insurance Law Journal

No abstract provided.