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Full-Text Articles in Law
On The Cusp Of The Next Medical Malpractice Insurance Crisis, Philip G. Peters Jr.
On The Cusp Of The Next Medical Malpractice Insurance Crisis, Philip G. Peters Jr.
Faculty Publications
Medical malpractice claims are dwindling. Total payouts are far lower than during the 2002 crisis. Yet, insurance industry profits have been sinking for a decade and are nearly in the red. After a dozen years with a “soft” insurance market, we are now on the cusp of yet another malpractice insurance crisis.
How can profits be in peril if claims have dwindled and payouts are historically low?
Answering that question requires an understanding of the insurance cycle. The cycle periodically transforms gradual increases in costs and gradual decreases in revenue into explosive increases in premiums.
The industry’s financial statistics today …
Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz
Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz
Faculty Publications
Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution (“ODR”), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (“OArb”) is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act (“FAA”). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration of …