Law Commons^™

Legal Winners And Losers In The Mortgage Crisis, Shaun P. Martin

Connecticut Insurance Law Journal

No abstract provided.

Regulation By Catastrophe Insurance: A Comparative Study, Qihao He, Michael Faure

Connecticut Insurance Law Journal

No abstract provided.

Improving State Regulation Of Homeowners Insurance: The Essential Protections For Policyholders Project, Jay M. Feinman

Connecticut Insurance Law Journal

No abstract provided.

Unlocking Exchanges, Brendan S. Maher

Connecticut Insurance Law Journal

No abstract provided.

Remedies For Breach Of The Pre-Contract Duty Of Disclosure In Chinese Insurance Law, Zhen Jing

Connecticut Insurance Law Journal

No abstract provided.

Agreeing In The Shadow Of The Policy: How Corporate Insurance Policies Impact The Resolution Of Governmental Investigations Into Corporate Crime, Beth Olsen

Connecticut Insurance Law Journal

No abstract provided.

Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff

Connecticut Insurance Law Journal

No abstract provided.

A Jurisprudential Survey Of The Tort Of Spoliation Of Evidence: Resolving Third-Party Insurance Company Automobile Spoliation Claims, Steven Plitt, Jordan R. Plitt

Connecticut Insurance Law Journal

No abstract provided.

Regulation By Government-Sponsored Reinsurance In Catastrophe Management, Qihao He

Connecticut Insurance Law Journal

No abstract provided.

Regulating Home Equity Protection Companies And Contracts: Are States Making “The Best” An Enemy Of “The Good”?, John E. Marthinsen

Connecticut Insurance Law Journal

No abstract provided.

Removing The Legal Impediments To Offering Lifetime Annuities In Pension Plans, Jonathan Barry Forman

Connecticut Insurance Law Journal

No abstract provided.

The Pension Mis-Selling Scandal, The Sec, And The Fiduciary Standard, John A. Turner

Connecticut Insurance Law Journal

No abstract provided.

A Closer Look At The Iras In State Automatic Enrollment Ira Programs, Kathryn L. Moore

Connecticut Insurance Law Journal

No abstract provided.

Funding Of Public Sector Pension Plans: What Can Be Learned From The Private Sector?, Israel Goldowitz

Connecticut Insurance Law Journal

No abstract provided.

Friedrichs And The Move Toward Private Ordering Of Wages And Benefits In The Public Sector, Maria O'Brien Hylton

Connecticut Insurance Law Journal

No abstract provided.

Safeguarding State Interests In Health Insurance Exchange Establishment, Christine M. Monahan

Connecticut Insurance Law Journal

No abstract provided.

Erie Denied: How Federal Courts Decide Insurance Coverage Cases Differently And What To Do About It, John L. Watkins

Connecticut Insurance Law Journal

No abstract provided.

America’S Growing Problem: How The Patient Protection And Affordable Care Act Failed To Go Far Enough In Addressing The Obesity Epidemic, Ashley A. Noel

Connecticut Insurance Law Journal

No abstract provided.

Even I Can’T Cover Me: Examining The Ncaa’S Effective Prohibition On “Loss Of Value” Insurance For Its Student-Athletes, Michael D. Randall

Connecticut Insurance Law Journal

No abstract provided.

Reference Pricing: A Small And Mighty Solution To Bend The Health Care Cost Curve, Srishti Miglani

Connecticut Insurance Law Journal

No abstract provided.

Everything’S Bigger In Texas: Except The Medmal Settlements, Tom Baker, Eric Hellan, Jonathan Klick

Connecticut Insurance Law Journal

No abstract provided.

The Patient Protection And Affordable Care Act: What Does It Really Do?, John G. Day

Connecticut Insurance Law Journal

No abstract provided.

Adoption Disruption Insurance: A Policy That America Is Not Ready To Adopt, Gregory J. Chase

Connecticut Insurance Law Journal

No abstract provided.

An Alternate Theory Of Burwell V. Hobby Lobby, Jessica L. Roberts

Connecticut Insurance Law Journal

No abstract provided.

The Social Costs Of Choice, Free Market Ideology And The Empirical Consequences Of The 401(K) Plan Large Menu Defense, Mercer Bullard

Connecticut Insurance Law Journal

This article explores the recent “hidden-fee” litigation trend that has consumed the 401(k) world and how recent decisions by these courts will likely result in reduced wealth for workers. The author challenges the “large menu defense” espoused by the Third, Seventh and Eight Circuit Courts of Appeals as not fitting within the intent of ERISA’s “safe harbor.” In addition, the author questions the logic of these decisions by suggesting that courts are evaluating the employers’ legal responsibilities using free-market ideology rather than the fiduciary duties prescribed by ERISA and questions the belief that “large menu” pension benefit plans are wealth-maximizing.

The Surprising Equality Of Retirement Time: Evidence From The Health And Retirement Survey, Anthony Bonen, Teresa Ghilarducci

Connecticut Insurance Law Journal

This article discusses the impact changes to the retirement age may have on the distribution of retirement time. The author investigates the length of time men and women are alive between the date of their retirement and their death, finding that the most critical factor in determining length of retirement time is and individual’s socio-economic status. As a result, the author opines that because individuals in lower economic classes tend to die earlier, increasing the retirement age will impact these individuals disproportionally and increase retirement time inequality.

Rethinking Erisa’S Promise Of Income Security In A World Of 401(K) Plans, Lawrence A. Frolik

Connecticut Insurance Law Journal

This article discusses the evolution of retirement income funds from defined benefit packages to 401(k) and IRA accounts and how the changing dynamic has reshaped the way retirees think about post-retirement income. The article outlines the mechanics of 401(k) accounts and rollover IRAs in the post-retirement period and presents questions about the ability of retirees to successfully address the complex issues relating to investment choices including, what entity they entrust their savings to, the volume and source of distributions, and long-term sufficiency planning. The article suggests that an increase in the use of annuities may help to resolve some of …

Overlooked And Underused: Clinical Practice Guidelines And Malpractice Liability For Independent Physicians, Ronen Avraham

Connecticut Insurance Law Journal

This paper discusses how the use of Clinical Practice Guidelines (CPGs) can improve the quality and delivery of healthcare in America. The author states that with the passage of the Patient Protection and Affordable Care Act of 2010 the American healthcare system is in need of re-alignment, specifically challenging the established norms for promulgating CPGs. The article explores the legal evolution of CPGs and new legal avenues for their promulgation by examining their history and purpose. The author concludes by identifying three accountability models and arguing in favor of a private competitive regime for CPGs.

California Dreaming: The California Secure Choice Retirement Savings Trust Act, Edward A. Zelinsky

Connecticut Insurance Law Journal

Half of American workers are not covered by employer-sponsored retirement arrangements. The recently passed California Secure Choice Retirement Savings Trust Act seeks to solve this problem by mandating retirement savings arrangements for California employers, coupled with a public investment vehicle for investing these private retirement savings. The Act is important because of California’s size and status as a trendsetter for other states.

This Article is the first to examine the important legal questions the Act raises under the Internal Revenue Code and ERISA. Contrary to the drafters’ intent, the savings accounts authorized under the Act do not qualify as individual …

Nfl’S Litigation Skates Onto The Ice, Melanie A. Orphanos

Connecticut Insurance Law Journal

This article addresses the insurance implications of the pending concussion litigation between the National Hockey League and its current and former players. The author draws comparisons to similar litigation brought against the National Football League and the NFL's interactions with its insurers to forecast the obstacles the parties in the NHL litigation will face in establishing coverage by the many insurance carriers who have insured the NHL over time. The author identifies obstacles including determining the moment when coverage is “triggered” and whether certain actions by the NHL will preclude coverage and relieve the insurers of their duty to defend …