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Articles 1 - 9 of 9
Full-Text Articles in Law
Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman
Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman
Cornell Law Faculty Publications
No abstract provided.
Insurance And The Limits Of Rational Discrimination, Martin J. Katz
Insurance And The Limits Of Rational Discrimination, Martin J. Katz
Sturm College of Law: Faculty Scholarship
As the state of the insurance industry indicates, policy makers and academics have reached little consensus about how to address the implications of rational discrimination. This Current Topic argues that rational discrimination should not be viewed simply as a question of profitability or financial interests, but must also be approached from a moral perspective. Part One examines the underlying cause of rational discrimination in one particular insurance market,' locating its ultimate source in the historical injustices perpetrated against Blacks. This section condemns rational discrimination for perpetuating and even exacerbating social inequalities. The analysis suggests that our society will not fully …
The Performance Of Liability Insurance In States With Different Products-Liability Statutes, W. Kip Viscusi
The Performance Of Liability Insurance In States With Different Products-Liability Statutes, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The liability crisis of the mid-1980s has led to an extensive reexamination of the liability system. A number of explanations have been offered for the substantial increase in insurance premiums and, in some cases, a decline in the availability of insurance. These include stimulation of the underwriting cycle by a decline in interest rates, collusion among insurance firms, rising tort costs, and uncertainty with respect to the liability burden.' Most observers, however, also point to changes in tort law itself. For example, plaintiffs may now have a more favorable environment for obtaining an award and, if they are successful, they …
Introduction To Keynote Speaker Randall Bovbjerg, Symposium: Ohioans Without Health Insurance, Joel J. Finer
Introduction To Keynote Speaker Randall Bovbjerg, Symposium: Ohioans Without Health Insurance, Joel J. Finer
Law Faculty Articles and Essays
The author introduces keynote speaker Randall R. Bovbjerg at the Inaugural Conference of the Law and Public Policy Program.
Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson
Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson
Faculty Publications
In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …
Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein
Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein
Law Faculty Articles and Essays
Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, was the INAUGURAL Conference of Cleveland State University's Law & Public Policy Program, an interdisciplinary program of instruction, public service and research sponsored jointly by the Cleveland-Marshall College of Law and the Maxine Goodman Levin College of Urban Affairs. The goal of the Conference was to facilitate an exchange of information and views among representatives of the public and major interests concerned with the growing numbers of persons who either lack health insurance or have inadequate coverage.
Crisis In No-Fault Automobile Insurance, Dragana Davidovic
Crisis In No-Fault Automobile Insurance, Dragana Davidovic
LLM Theses and Essays
This thesis presents an overview of no-fault automobile insurance and examines current issues in the political and policy debate surrounding insurance reform. Part I summarizes the costs of automobile accidents and describes how the tort system handles claims arising from such accidents. Part II gives an introduction to the world of insurance, explaining theoretical differences between fault and no-fault based auto insurance. Part III presents the history of various no-fault plans. Part IV describes and explains current issues in no-fault insurance. Costs, benefits, and cost-efficiency of no-fault insurance are also discussed. Since the accident prevention is a social goal as …
The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue
The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue
Articles
This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …
Book Review: Deforming Tort Reform, Joseph A. Page
Book Review: Deforming Tort Reform, Joseph A. Page
Georgetown Law Faculty Publications and Other Works
The storms buffeting the tort system over the past two decades have come in three distinct waves. In the late 1960s, steep increases in the insurance costs incurred by health care providers protecting against negligence claims by patients triggered what came to be known as the "medical malpractice crisis." In the mid-1970s, manufacturers whose liability insurance premiums suddenly soared raised obstreperous complaints that called public attention to the existence of a "product liability crisis." Finally, other groups whose activities created risks exposing them to lawsuits found that their liability insurance rates had also risen precipitously. A full-blown "torts crisis" was …