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Articles 1 - 27 of 27
Full-Text Articles in Law
Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) December 4, 1991, Senate Subcommittee On Earthquake Insurance
Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) December 4, 1991, Senate Subcommittee On Earthquake Insurance
California Senate
No abstract provided.
Insurance, Maximilian A. Pock
Insurance, Maximilian A. Pock
Mercer Law Review
The big news for 1991 is the repeal of Georgia's No-Fault Act. The Dawkins/Taylor Bill,1 which became law in- April 1991 and effective on October 1, 1991, surgically exscinded all no-fault provisions from the Georgia Motor Vehicle Accident Reparations Act and replaced them with an extensively revamped compulsory automobile liability insurance system. During its sixteen-year reign, Georgia's no-fault regime, embroidered by numerous amendments, has spawned an amount of litigation that rivals or surpasses that of the Uninsured Motorist Act. At least ten percent of all appellate judge-time was devoured by no-fault cases. Accordingly, the purveyors of no-fault, who captured our …
Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) November 25, 1991, Senate Subcommittee On Earthquake Insurance
Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) November 25, 1991, Senate Subcommittee On Earthquake Insurance
California Senate
No abstract provided.
Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) November 6, 1991, Senate Subcommittee On Earthquake Insurance
Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) November 6, 1991, Senate Subcommittee On Earthquake Insurance
California Senate
No abstract provided.
Department Of Insurance, V. Breen, C. Egan, C. Walsh
Department Of Insurance, V. Breen, C. Egan, C. Walsh
California Regulatory Law Reporter
No abstract provided.
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Qualified Plans And Identifying Tax Expenditures: A Rejoinder To Professor Stein, Edward A. Zelinsky
Articles
No abstract provided.
Department Of Insurance, J. Miller, R. Raynor, J. D'Angelo, R. Fellmeth
Department Of Insurance, J. Miller, R. Raynor, J. D'Angelo, R. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Undefined Experimental Treatment Exclusions In Health Insurance Contracts: A Proposal For Judicial Response, Jennifer Belk
Undefined Experimental Treatment Exclusions In Health Insurance Contracts: A Proposal For Judicial Response, Jennifer Belk
Washington Law Review
Health insurance contracts often exclude coverage for experimental treatments. No accepted definition of experimental treatment exists, however, and insurance contracts rarely define the term. Although experimental treatment exclusions are necessary and desirable, insurers may easily manipulate undefined exclusions to exclude treatments on inappropriate bases such as cost. Thus, courts should construe the term "experimental" narrowly and find treatments non-experimental if there is any demonstrated likelihood of their success.
Department Of Insurance, J. Miller, R. Raynor
Department Of Insurance, J. Miller, R. Raynor
California Regulatory Law Reporter
No abstract provided.
Insurance Law Out Of The Shadows, Kent D. Syverud
Insurance Law Out Of The Shadows, Kent D. Syverud
Michigan Law Review
A Review of Insurance Law and Regulation: Cases and Materials by Kenneth S. Abraham
Hearing On California Residential Earthquake Recovery Act, Chapter 1165 Of 1990 (Sb 2902 - Hill), Senate Subcommittee On Earthquake Insurance
Hearing On California Residential Earthquake Recovery Act, Chapter 1165 Of 1990 (Sb 2902 - Hill), Senate Subcommittee On Earthquake Insurance
California Senate
No abstract provided.
Department Of Insurance, J. Miller, R. Raynor
Department Of Insurance, J. Miller, R. Raynor
California Regulatory Law Reporter
No abstract provided.
Judicial Rationales In Insurance Law: Dusting Off The Formal For The Function, Peter N. Swisher
Judicial Rationales In Insurance Law: Dusting Off The Formal For The Function, Peter N. Swisher
Law Faculty Publications
The purpose of this Article is to demonstrate that there is indeed a great deal of method within this apparent judicial 'hiadness" if one properly understands and appreciates the two competing theories of Judicial Formalism versus Judicial Functionalism in an insurance law context. And with a proper understanding of these two competing judicial theories, numerous apparent inconsistencies in insurance law decisions may be reconciled within each particular theoretical framework.
Accordingly, this Article will present a general overview of these two competing theories of American jurisprudence, and then discuss their conflicting applications in various insurance law decisions by utilizing a number …
The Dimensions Of The Product Liability Crisis, W. Kip Viscusi
The Dimensions Of The Product Liability Crisis, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Examination of a variety of sources of statistics indicates that the product liability crisis is real, and it is not simply imagined or contrived by the insurance industry. Litigation in the product liability area has escalated dramatically, but to some extent the industry was able to mute the effect of this escalation because of the influence of rising interest rates in the early 1980s as well as because the shrinking market for product liability insurance masked much of the explosion that was occurring in terms of the costs of product liability coverage. The dominant pattern in the early 1980s was …
Death And Taxes: The Taxation Of Accelerated Death Benefits For The Terminally Ill, Wayne M. Gazur
Death And Taxes: The Taxation Of Accelerated Death Benefits For The Terminally Ill, Wayne M. Gazur
Publications
No abstract provided.
The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr.
The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr.
Seattle University Law Review
This Note posits two recommendations. First, in order to harmonize the bad faith standards applied in Kallevig and Gingrich, the Kallevig reasonable justification standard should be applied in situations involving questions similar to those confronted by the Gingrich court. Second, this Note contends that the Kallevig court's analysis imposing liability under the CPA was defective because it failed to take proper account of the frequency requirement within the unfair trade practices regulations. By ignoring the frequency provision, the Kallevig decision allows inconsistent treatment of similar factual situations depending on whether the decision is being made by an agency or …
Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck
Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck
Seattle University Law Review
This Article is necessarily a rather selective (for reasons of brevity and reader tolerance) and even subjective attempt to summarize the experience under PPS to date and to suggest some lessons that might be drawn from that experience for the future reform of PPS itself and of payment systems generally. No attempt will be made here to be comprehensive, to explain all the technical details of an inherently and increasingly complex system, nor even to systematically survey the rapidly growing body of literature. But the few issues and themes that clearly stand out will be the focus of most of …
The Insurance Industry's 1970 Pollution Exclusion: An Exercise In Ambiguity, John S. Vishneski Iii, Todd G. Zimmerman, Robert A. Creamer, Judith N. Levi
The Insurance Industry's 1970 Pollution Exclusion: An Exercise In Ambiguity, John S. Vishneski Iii, Todd G. Zimmerman, Robert A. Creamer, Judith N. Levi
Loyola University Chicago Law Journal
No abstract provided.
Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett
Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett
Cleveland State Law Review
The Ohio Supreme Court in Wood v. Shepard had occasion to interpret Ohio's wrongful death statute in conjunction with Ohio's uninsured and underinsured motorist statute (UUM). The court held that the wrongful death of an insured creates separate claims that are not subject to a single person limit of liability in the deceased insured's UUM coverage. Wood is a nebulous decision. It overcompensates the deceased insured's surviving family members and turns the deceased insured's UUM coverage into a bottomless well from which the surviving family members may draw compensation. The full effect of Wood is yet unknown. What is known, …
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen
UIC Law Review
No abstract provided.
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas
Faculty Scholarship
Experimentation on human beings is so difficult to justify that the attempt is seldom even made. Usually its justification is simply assumed, and vague notions of progress or national emergency are suggested as sufficient rationales. The United States, a society dedicated to both progress and human rights, has been profoundly ambivalent about human experimentation. On the one hand, we have consistently argued in our ethical codes that the rights and welfare of research subjects must be protected; on the other hand, we have consistently used perceived emergencies, both national and medical, as an excuse to jettison individual rights and welfare …
Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost
Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost
Seattle University Law Review
This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO …
Denial Of Coverage For "Experimental" Medical Procedures: The Problem Of De Novo Review Under Erisa, Julia Field Costich
Denial Of Coverage For "Experimental" Medical Procedures: The Problem Of De Novo Review Under Erisa, Julia Field Costich
Kentucky Law Journal
No abstract provided.
Private Utilization Review, Marvis J. Oehm
Private Utilization Review, Marvis J. Oehm
Seattle University Law Review
This Article describes the history of private UR and provides illustrations of successes, problems and controversies. The Article concludes with some suggestions and prescriptive advice for those who are likely to encounter UR, either through work with particular clients or directly as part of a private benefit plan.
Boeing Co. V. Aetna Casualty & Surety Co.: Cercla Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , Kimberly A. Richter
Boeing Co. V. Aetna Casualty & Surety Co.: Cercla Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , Kimberly A. Richter
Seattle University Law Review
This Comment will examine the CERCLA provisions that empower the government to clean up dangerous hazardous waste sites and to seek reimbursement of clean-up costs from polluters. It will then outline the standard provisions of CGL policies, which require insurers to indemnify insureds for all costs incurred "as damages" under the terms of the policy. Next, the Comment will set forth the two primary methods of interpretation employed by courts to determine whether CERCLA response costs are covered damages under CGL policies. The Comment will then set forth Washington law which provided the foundation for the Washington Supreme Court's decision …
California's Insurance Regulation Revolution: The First Two Years Of Proposition 103, Stephen D. Sugarman
California's Insurance Regulation Revolution: The First Two Years Of Proposition 103, Stephen D. Sugarman
Stephen D Sugarman
No abstract provided.