Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 23 of 23
Full-Text Articles in Law
Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. Delatour
Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. Delatour
Georgia State University Law Review
The COVID-19 pandemic has impacted virtually every facet of life in the United States, including the insurance industry. In particular, the number of business interruption insurance coverage lawsuits has continued to climb since March 2020, as insurers are denying coverage for pandemic-related losses and policyholders are seeking indemnification. Courts across the country are faced with answering difficult, novel questions about the interpretation and scope of business interruption insurance policies. Collectively, the conclusions the courts reach are critically important because they will determine the fate of policyholders and the insurance industry, respectively. This Note explores business interruption insurance coverage during COVID-19 …
Phishing For Computer Fraud Insurance Coverage, Stephen Swanson
Phishing For Computer Fraud Insurance Coverage, Stephen Swanson
Georgia State University Law Review
Accordingly, the following note discusses the disparity between the federal circuit courts regarding the proper insurance coverage for phishing-type attacks. Part I examines the cyber threats companies face when handling sensitive transactions and customer data, as well as the coverage gap between traditional crime insurance policies and the targeted cyber insurance policies that help prevent, detect, and ultimately mitigate the damages resulting from a cybersecurity breach. Part II analyzes the current circuit split and the various contract interpretation strategies, policy considerations, and tests employed in reaching a coverage decision. Part III proposes a resolution to the overarching circuit split that …
Sb 18 - Direct Primary Care, Valentin H. Dubuis, Juliana Mesa
Sb 18 - Direct Primary Care, Valentin H. Dubuis, Juliana Mesa
Georgia State University Law Review
This legislation allows physicians to offer specified care for a specific time pursuant to a fixed fee. The physician cannot require more than one year’s payment upfront, and the agreement has to be terminable by either party with thirty days’ notice. Physicians do not have to provide care if the fee has not been paid or the patient has committed fraud, failed to adhere to treatment, or is in physical danger.
Insurance Hb 47, Georgia State University Law Review
Insurance Hb 47, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Disability Rights, Disability Discrimination, And Social Insurance, Mark C. Weber
Disability Rights, Disability Discrimination, And Social Insurance, Mark C. Weber
Georgia State University Law Review
No abstract provided.
Health, Torts, And Civil Practice Georgia Hospital And Medical Liability Insurance Authority Act: Provide For Legislative Findings With Respect To A Crisis In The Field Of Hospital And Medical Liability Insurance; Address This Crisis Through Provision Of Insurance And Certain Civil Justice Reforms; Create The Georgia Hospital And Medical Liability Insurance Authority; Provide For The Members Of The Authority And Their Selection, Service, And Terms Of Office; Provide For The Filling Of Vacancies; Provide For The Powers, Duties, Operations, And Financial Affairs Of The Authority; Provide For The General Purpose Of The Authority; Prescribe Standards Relating To Vicarious Liability Of Medical Facilities For Actions Of Health Care Providers; Provide For Limited Liability For Certain Medical Facilities And Health Care Providers For Treatment Of Certain Emergency Conditions Under Certain Conditions; Provide For Qualifications Of Experts; Change Provisions Relating To The Allocation Of Liability And Recovery Of Damages In Tort Actions; Provide For The Degree Of Care Expected Of Medical Professionals In An Emergency Room Setting; Provide For The Consideration By The Jury Or Other Trier Of Fact Of Certain Factors Affecting This Care In Determining Whether Defendants Met This Degree Or Standard Of Care; Require The Approval By The Commissioner Of Insurance Of All Medical Malpractice Rates, Rating Plans, Rating Systems, And Underwriting Rules Prior To These Rates, Rating Plans, Rating Systems, And Underwriting Rules Becoming Effective; Change Certain Provisions Relating To Actions Against Certain Codefendants Residing In Different Counties; Change Provisions Relating To The Required Filing Of Affidavits In Professional Malpractice Actions; Provide For Other Related Matters; Repeal Conflicting Laws; And For Other Purposes, David Boohaker, Jon Gallant, Ramsey Knowles, A. Robin Teal
Georgia State University Law Review
The bill would have created an authority with power to provide rural hospitals with the ability to self-ensure. The bill would have allowed emergency facilities to limit liability associated with doctors who are independent contractors. The bill would have also restricted recovery from each defendant based on apportionment of liability rather than the usual joint and several liability schemes. The bill failed after a standoff on an amendment to cap non-economic damages.
Insurance Insurance Generally: Requires Coverage For Colorectal Cancer Screening In Health Benefit Policies, Alan R. Godfrey
Insurance Insurance Generally: Requires Coverage For Colorectal Cancer Screening In Health Benefit Policies, Alan R. Godfrey
Georgia State University Law Review
The Act adds new Code section 33-2456.3. The Act requires most health benefit insurance policies to provide coverage for colorectal cancer screening. The Act further provides definitions to specify the health benefit policies affected and to identify the guidelines for the types of treatment to be covered by those health benefit policies.
Insurance Insurance Generally: Provide Coverage For Medically Necessary Equipment And Supplies For Individuals With Diabetes, Michael J. Brown
Insurance Insurance Generally: Provide Coverage For Medically Necessary Equipment And Supplies For Individuals With Diabetes, Michael J. Brown
Georgia State University Law Review
The Act creates a provision requiring every major medical and group health insurance policy, group health insurance plan or policy, and any other form of managed or capitated care plans or policies to provide coverage for medically necessary equipment and supplies for individuals with various types of diabetes who adhere to a doctor-prescribed treatment regimen. The Act further requires the office of the Commissioner of Insurance to promulgate rules and regulations relating to standards of diabetes care to become effective July 1, 2002.
Insurance Insurance Generally: Prohibit Discriminatory Practices; Require Notification Of Cancellation, Nonrenewal, Or Other Termination Of Insurance To Certain Persons; Provide Standards And Procedures For Verification Of Benefits And Precertifications Relating To Managed Health Benefit Plans; Provide For Liability And Personnel; Include Certain Practices Among Unfair Insurance Practices; Provide For Remedies For Violations, Cheralynn M. Gregoire
Georgia State University Law Review
The Act, titled the Consumers Health Insurance Protection Act, provides that insurers must follow certain procedures when precertifying or verifying enrollee benefits. The Act requires insurers to provide continuity of care to certain individuals in the event they, or a physician, cancels a physician's contract. The Act also makes discrimination based on color, race, religion, and ethnic or national origin in the insurance industry generally an unfair practice. The Act requires insurers to notify enrollees of plan termination, cancellation, or nonrenewal, and of any resulting conversion or continuation rights.
Insurance Kinds Of Insurance; Limits Of Risks: Mandate Limited Waiver Of Sovereign Immunity For Local Governments For Losses Caused By Negligent Use Of A Motor Vehicle; Allow Continued Immunity For Liabilities In Excess Of Statutory Thresholds; Require Waiver Of Immunity For Amounts Insured By Local Governments Beyond Statutory Thresholds, David Walker
Georgia State University Law Review
The Act limits the sovereign immunity of local governments for injuries arising from the negligent use of a motor vehicle. The Act provides that, for accidents occurring between January I, 2005 and December 31 2006, the waiver will be $100,000 per accident for claims involving personal injury or death to anyone person, with an aggregate waiver of $300,000 per accident for claims made by two or more people. The Act also waives immunity up to $50,000 per occurrence for injuries or destruction of property occurring after January 1, 2005. The Act provides a schedule for increasing waiver amounts to $250,000/$450,000 …
Insurance Domestic Stock And Mutual Insurers: Assign Certain Duties Of The Secretary Of State To The Commission Of Insurance; Provide For Filing Applications For And Amendments To Charters, And Applications For Voluntary Dissolution And Surrender Of Charters; Provide That Certificates Of Incorporation And Charter Amendment Be Issued Under The Seal Of The State; Retrieve The Secretary Of State Of Bookkeeping Duties Relating To Applications And Amendments To Charters, Bonnie Lassiter
Georgia State University Law Review
The Act amends several sections of the Georgia Code to require that insurance companies file charter applications, applications to amend or renew a charter, and applications to surrender a charter with the Commissioner of Insurance rather than the Secretary of State. The Act provides the procedures for filing and approving each of the above. The Act further provides that, upon approval, the Secretary of State shall issue a certificate of incorporation under the seal of the state. Finally, the Act provides the procedures by which a domestic society may amend its laws.
Insurance Insurance Generally: Provide Provisions And Definitions Relating To Insurance, Recovery For Personal Injury From A Third Party, Settlement Of Claims, Right Of Reimbursement For Medical Expenses And Disability Payments, Set-Offs, Subrogation For Conflicting Provisions, Confidentiality Provisions, And Provisions For Notice To Third Parties, Amy E. Bergeron
Georgia State University Law Review
The Act relates to personal injury cases against third parties brought by or on behalf of a person to whom an insurance provider has paid medical benefits. The Act provides general provisions and definitions of insurance, including notice requirements, and provides for reimbursement of medical benefits paid to benefit providers when an injured person has been fully compensated for all economic and non-economic benefits. The Act further allows for allocations in a settlement or judgment among categories of damages. Additionally, the Act provides for a determination of attorney's fees and expenses associated with litigation.
Insurance Insurance Generally: Provide For Limited Release Of Settling Insurance Carrier And Insured Tortfeasor For Claims Arising Out Of Motor Vehicle Accidents Covered By Two Or More Insurance Carriers, Stephen R. Chance, F. Faison Middleton Iv
Insurance Insurance Generally: Provide For Limited Release Of Settling Insurance Carrier And Insured Tortfeasor For Claims Arising Out Of Motor Vehicle Accidents Covered By Two Or More Insurance Carriers, Stephen R. Chance, F. Faison Middleton Iv
Georgia State University Law Review
For claims arising out of motor vehicle accidents in which there is multiple insurance coverage, the Act provides that one carrier may settle with the claimant by paying its policy limits and thereby release itself and its insured from further liability except to the extent other insurance coverage may apply. The Act further provides that any carrier not settling shall continue to be liable to the extent of its policy limits. The Act maintains the status quo for bad faith and negligent refusal to settle.
Implications Of The Georgia Patient Self-Referral Act Of 1993, Charles F. Fenton
Implications Of The Georgia Patient Self-Referral Act Of 1993, Charles F. Fenton
Georgia State University Law Review
No abstract provided.
Penal Institutions Jails: Allow Jails To Recover Medical Costs From Inmates' Insurance Carriers, Provide For Deductions From Inmate Accounts To Defray Certain Costs, Carla M. Dudeck
Georgia State University Law Review
HB 1170 allows the officer in charge of a detention facility to recover medical costs from inmates'; insurance carriers. HB 1769 provides that certain medical and other costs may be deducted from an inmate's jail account, and that repayment of the other costs may later be made a condition of probation.
Southern General Insurance Co. V. Holt: Defining "Duty" In The Duty-To-Settle Doctrine As Applied To Third-Party Insurance Claims In Georgia, Suzan E. Roth
Georgia State University Law Review
No abstract provided.
The Collateral Source Rule In Georgia: A New Method Of Equal Protection Analysis Brings A Return To The Old Common Law Rule, Calvin R. Wright
The Collateral Source Rule In Georgia: A New Method Of Equal Protection Analysis Brings A Return To The Old Common Law Rule, Calvin R. Wright
Georgia State University Law Review
No abstract provided.
The Status Of The Workers' Compensation System In Georgia And Proposed Changes: Remedies For The Remedy, Roy E. Barnes
The Status Of The Workers' Compensation System In Georgia And Proposed Changes: Remedies For The Remedy, Roy E. Barnes
Georgia State University Law Review
No abstract provided.
Elections Ethics In Government: Revise Campaign Contribution Regulations, R. Barbe
Elections Ethics In Government: Revise Campaign Contribution Regulations, R. Barbe
Georgia State University Law Review
The Act prohibits insurers, industrial loan licensees, and political action committees from making contributions to or on behalf of a candidate for the office of Commissioner of Insurance.
Insurance Group Health Insurance: Continued Coverage After Cancellation, Georgia State University Law Review
Insurance Group Health Insurance: Continued Coverage After Cancellation, Georgia State University Law Review
Georgia State University Law Review
The Act requires insurance companies to continue coverage under group accident and insurance policies for three months after cancellation, and provides conversion rights at the end of the three-month period. The Act also repeals requirements for notice of coverage termination under certain group accident and sickness policies.
Local Government Municipalities: Waiver Of Sovereign Immunity, Georgia State University Law Review
Local Government Municipalities: Waiver Of Sovereign Immunity, Georgia State University Law Review
Georgia State University Law Review
The Act declares the public policy of the State to be that municipal corporations are immune from liability for legislative or judicial actions. The purchase of liability insurance by the municipal corporation will not waive this immunity except as provided in O.C.G.A. 33-24-51, or unless the insurance policy covers the occurrence, and then only to the extent of the insurance policy coverage.
Insurance Notice: Premium Finance Company: Insurance Cancellation Notice, Georgia State University Law Review
Insurance Notice: Premium Finance Company: Insurance Cancellation Notice, Georgia State University Law Review
Georgia State University Law Review
The Act amends O.C.G.A. 33-22-13(c) to provide delivery as an alternative to mailing when a premium finance company is notifying the insurer of an insured's default.
Insurance Liability Insurers: Reporting Of Certain Information, Georgia State University Law Review
Insurance Liability Insurers: Reporting Of Certain Information, Georgia State University Law Review
Georgia State University Law Review
The Act establishes additional reporting requirements for insurance companies. Information detailing data on premiums, income, reserves, and net operational and underwriting gains or losses must be submitted to the Commissioner of Insurance.