Law Commons^™

"Sudden And Accidental" Pollution Exclusions: The Battle Between Insurance Carriers And Insureds Continues, Penny R. Warren

Journal of Natural Resources & Environmental Law

No abstract provided.

Multiple Claims, Limited Funds, And Conflicting Duties: Kentucky's Need For Clarity In Liability Insurance And Claims Of Bad Faith, James Grant Sharp

Kentucky Law Journal

No abstract provided.

Insurance Coverage And Custom Farming, Chad G. Marzen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Future Of The Cadillac Tax, Kathryn L. Moore

Law Faculty Scholarly Articles

The Affordable Care Act includes a 40 percent excise tax on high-cost employer-sponsored health care coverage. Often referred to as the “Cadillac tax,” this excise tax is one of the most controversial elements of the Affordable Care Act.

Currently scheduled to go into effect in 2020, the Cadillac tax poses serious challenges and uncertainty for employers. On the one hand, recent estimates suggest that the Cadillac tax may hit as many as 20 percent of employers with health care plans in 2020. On the other hand, there is a serious question as to whether the tax will be repealed before …

Federal Reverse Preemption Of Uninsured And Underinsured Motorist Coverage Offering In The Digital Age: E-Sign And Ueta Have Not Had A Significant Impact On State Offering Or Rejection Requirements, Steven Plitt, Daniel Maldonado, John Wittwer

Kentucky Law Journal

No abstract provided.

The Future Of Employment-Based Health Insurance After The Patient Protection And Affordable Case Act, Kathryn L. Moore

Law Faculty Scholarly Articles

In the United States, unlike in all other advanced industrial states, health care is financed principally through employment-based health insurance. In 2009, more than 156 million individuals under the age of sixty-five, or 59% of that population, were covered by employment- based health insurance.

On March 21, 2010, President Obama signed the Patient Protection and Affordable Care Act (PPACA). Described as seminal as the enactment of the Employee Retirement Income Security Act (ERISA), PPACA fundamentally reforms the American health care system. PPACA, however, does not eliminate the system’s reliance on employment- based health insurance. Instead, it builds on, and arguably …

The New Retiree Health Vebas, Kathryn L. Moore

Law Faculty Scholarly Articles

Granted tax exempt status since 1928, Voluntary Employees' Beneficiary Associations (VEBAs) have received considerable attention since the fall of 2007 when General Motors, Ford, and Chrysler reached separate landmark agreements with the United Auto Workers union pursuant to which the companies agreed to contribute billions of dollars to VEBAs in exchange for transferring their retiree health care liabilities to the VEBAs. Specifically, General Motors agreed to contribute $31.9 billion while Ford agreed to contribute $13.6 billion, and Chrysler agreed to contribute $11 billion. Sometimes referred to as "defeasance" VEBAs, these "new," "stand-alone" retiree health VEBAs, differ significantly from traditional VEBAs …

Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito

Continuing Legal Education Materials

Materials from the Computer Law Institute held by UK/CLE in May 1999.

Trust Me: Insurers Are Not Fiduciaries To Their Insureds, Douglas R. Richmond

Kentucky Law Journal

No abstract provided.

Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes

Kentucky Law Journal

No abstract provided.

The Entitlement Exclusion In The Personal Auto Policy: The Road To Reducing Litigation In Permissive Use Cases Or A Dead End?, Darla L. Keen

Kentucky Law Journal

No abstract provided.

Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum

Kentucky Law Journal

No abstract provided.

Denial Of Coverage For "Experimental" Medical Procedures: The Problem Of De Novo Review Under Erisa, Julia Field Costich

Kentucky Law Journal

No abstract provided.

A Note On Retrospectively Rated Insurance And Federal Income Taxation, Donald Arthur Winslow

Kentucky Law Journal

No abstract provided.

First Party Bad Faith In Kentucky: What Remains After Federal Kemper Insurance Co. V. Hornback?, Garry A. Perry

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Tama Kirby Knapp

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Richard H. C. Clay

Kentucky Law Journal

No abstract provided.

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.

First Party Bad Faith: Common Law Remedies And A Proposed Legislative Solution, Kerry B. Harvey, Thomas A. Wiseman Iii

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Richard H. Underwood

Law Faculty Scholarly Articles

Kentucky courts have recently decided a number of cases that have a significant impact on insurance law. Several decisions dealt with the assertion of rights at variance with contract provisions and the degree to which the law will recognize the reasonable expectations of the insured. The courts also considered novel questions concerning cancellation by substitution, the application and validity of various exclusions in homeowners and automobile liability policies, the application and validity of the escape clause in automobile liability policies, and the stacking of automobile liability coverages. This Survey will examine those questions, as well as the growing body of …

Kentucky Law Survey: Insurance, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Earl Frederick Straub Jr.

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Joe C. Savage

Kentucky Law Journal

No abstract provided.

An Insurer's Liability To Third Parties For Negligent Inspection, Michael Braden

Kentucky Law Journal

No abstract provided.

Informed Consent In Kentucky After The Medical Malpractice Insurance And Claims Act Of 1976, J. Vaughan Curtis

Kentucky Law Journal

No abstract provided.

Wrongful Refusal To Settle: The Implications Of Grundy In Kentucky, Katharine R. Crawford

Kentucky Law Journal

No abstract provided.

Kentucky No-Fault: An Analysis And Interpretation, Robert P. Moore, David W. Rutledge

Kentucky Law Journal

No abstract provided.

Ursprung V. Safeco Insurance Company: The Duty Of An Insurer To Appeal A Judgement In Excess Of Policy Limits, Damon W. Harrison Jr.

Kentucky Law Journal

No abstract provided.

The Widening Scope Of Insurer's Liability, Sandra M. Varellas

Kentucky Law Journal

No abstract provided.