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Articles 1 - 14 of 14
Full-Text Articles in Law
Appraising Problems, Not Stuff, Chad J. Pomeroy
Appraising Problems, Not Stuff, Chad J. Pomeroy
St. Mary's Law Journal
Abstract forthcoming.
Medicare Secondary Payer And Settlement Delay, Eric Helland, Jonathan Klick
Medicare Secondary Payer And Settlement Delay, Eric Helland, Jonathan Klick
All Faculty Scholarship
The Medicare Secondary Payer Act of 1980 and its subsequent amendments require that insurers and self-insured companies report settlements, awards, and judgments that involve a Medicare beneficiary to the Centers for Medicare and Medicaid Services. The parties then may be required to compensate CMS for its conditional payments. In a simple settlement model, this makes settlement less likely. Also, the reporting delays and uncertainty regarding the size of these conditional payments are likely to further frustrate the settlement process. We provide results, using data from a large insurer, showing that, on average, implementation of the MSP reporting amendments led to …
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Journal Articles
In his recent article, Professor Richard Squire offers a provocative theory in which he claims the underlying claimants in shareholder litigation against corporate policyholders are overcompensated due to what he describes as “cramdown” settlements, under which insurers are forced to settle due to the “duty to contribute” that arises under multi-layered directors and officers (“D&O”) insurance programs. He also offers a novel idea regarding how this problem could be fixed by what he refers to as “segmented” settlements in which each insurer and the policyholder would be allowed to settle separately and consider only its own interests in doing so. …
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Christopher C. French
In his recent article, Professor Richard Squire offers a provocative theory in which he claims the underlying claimants in shareholder litigation against corporate policyholders are overcompensated due to what he describes as “cramdown” settlements, under which insurers are forced to settle due to the “duty to contribute” that arises under multi-layered directors and officers (“D&O”) insurance programs. He also offers a novel idea regarding how this problem could be fixed by what he refers to as “segmented” settlements in which each insurer and the policyholder would be allowed to settle separately and consider only its own interests in doing so. …
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Pepperdine Law Review
No abstract provided.
Tort Arbitrage, Robert J. Rhee
Tort Arbitrage, Robert J. Rhee
Robert Rhee
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the operational realities of the dispute resolution process and the negligence standard. Applying a theory of bargaining based on asset pricing principles of financial economics, this Article argues that there is systematic devaluation of tort claims in the civil litigation system. This results because in essence the parties value different tort transactions, even when they are tied together in a common dispute and view the facts and laws similarly. For the party that can mitigate the risk exposure, the discount to value …
Tort Arbitrage, Robert J. Rhee
Tort Arbitrage, Robert J. Rhee
Faculty Scholarship
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the operational realities of the dispute resolution process and the negligence standard. Applying a theory of bargaining based on asset pricing principles of financial economics, this Article argues that there is systematic devaluation of tort claims in the civil litigation system. This results because in essence the parties value different tort transactions, even when they are tied together in a common dispute and view the facts and laws similarly. For the party that can mitigate the risk exposure, the discount to value …
The Relationship Between Defense Counsel, Policyholders, And Insurers: Nevada Rides Yellow Cab Toward "Two-Client" Model Of Tripartite Relationship. Are Cumis Counsel And Malpractice Claims By Insurers Next?, Jeffrey W. Stempel
Scholarly Works
It happens constantly in civil litigation. An insurance company hires a lawyer to defend its policyholder from a third party’s claim of injury. But just who is the lawyer’s “client?” Is it the policyholder who is the named defendant in the case and is “represented” in court proceedings? Or is it the insurer who, in most cases, selected the attorney, pays the attorney, supervises the litigation, and has (by the terms of the liability insurance policy) the right to settle the case, even over the objections of the policyholder? Ordinarily, the liability insurer has both the duty to defend a …
Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer
Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer
Nevada Law Journal
No abstract provided.
Symposium, The Florida Tobacco Litigation -- Fact, Law, Policy, And Significance, Jeffrey W. Stempel
Symposium, The Florida Tobacco Litigation -- Fact, Law, Policy, And Significance, Jeffrey W. Stempel
Scholarly Works
This is the transcript of the Florida tobacco litigation symposium, discussing the s$11.3 billion settlement concerning tobacco in the state of Florida. Jeffrey W. Stempel served as co-chair and moderator of the symposium.
Kentucky Law Survey: Insurance, Richard H. Underwood
Kentucky Law Survey: Insurance, Richard H. Underwood
Law Faculty Scholarly Articles
This Survey will examine recent Kentucky decisions on insurance law issues, and comment on the latest crop of cases relating to the application and construction of the Kentucky Motor Vehicle Reparations Act. In addition, this Survey will discuss proposed unfair claims settlement practices legislation, which is once again generating interest in the Commonwealth.
Duty Of Attorney Appointed By Liability Insurance Company, Jerry Brodsky
Duty Of Attorney Appointed By Liability Insurance Company, Jerry Brodsky
Cleveland State Law Review
This article examines the right of a liability insurer to control the defense of its insured, the duty owed to him in defending or settling an action brought against him, and liability for negligence in defending the suit. Special attention is given to the conflict of interests which may confront an attorney retained by an insurance company to defend an action brought against a policyholder.
Insurance - Settlement - Extent Of Insurer's Liability For Wrongful Refusal To Settle When Subsequent Judgment Exceeds Policy Limits, Michael B. Lewiston
Insurance - Settlement - Extent Of Insurer's Liability For Wrongful Refusal To Settle When Subsequent Judgment Exceeds Policy Limits, Michael B. Lewiston
Michigan Law Review
The insured, while driving a borrowed truck, injured plaintiff and his wife. Defendant, insurer on a policy which contained liability limits of $10,000 per person and $20,000 per accident, was notified of the accident but refused to defend the subsequent suit against the insured on the ground that plaintiff's claim was not covered by the policy. Defendant refused an offer to settle the claim for $4,000 solely on the basis of its belief as to coverage, though it was aware that the insured was financially unable to effect his own settlement. A judgment of $25,000 for a plaintiff and $1,250 …
Principal And Agent-Right Of Agent To Waive Statute Of Limitations-Estoppel, Howard A. Jacobs
Principal And Agent-Right Of Agent To Waive Statute Of Limitations-Estoppel, Howard A. Jacobs
Michigan Law Review
Plaintiff was injured in an automobile accident. Defendant's insurance adjuster informed the father of the plaintiff that no settlement could be made of her claim for personal injuries until she had fully recovered, and represented to him that defendant company would pay all her damages if the plaintiff did not consult an attorney. Held, where adjuster, having apparent authority to promise a settlement, lulled plaintiff into a false sense of security and caused her to permit Massachusetts one year statute of limitations to run, defendant was estopped by the conduct of the adjuster from pleading the statute as a …