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Articles 1 - 10 of 10
Full-Text Articles in Law
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Law School Blogs
No abstract provided.
Renfroe V. Lakeview Loan Serv., L.L.C., 133 Nev. Adv. Op. 50 (July 27, 2017), Christopher Kelly
Renfroe V. Lakeview Loan Serv., L.L.C., 133 Nev. Adv. Op. 50 (July 27, 2017), Christopher Kelly
Nevada Supreme Court Summaries
The Court determined that the NRS 116.3116 provisions that grant homeowners’ associations (HOAs) superpriority lien status for delinquent HOA dues are not preempted by federal law when the first deed of trust on the property in question is insured through the Federal Housing Administration (FHA). The FHA insurance program at issue contemplates HOA lien priority schemes like NRS 116.3116 specifically. Mortgagees can comply with relevant state and federal law without stifling the purpose of the federal law, and therefore, preemption does not apply.
The Forfeiture Of Coverage Defenses Rule: An Economic Analysis, Tom Baker, Ezra Friedman, Kyle D. Logue
The Forfeiture Of Coverage Defenses Rule: An Economic Analysis, Tom Baker, Ezra Friedman, Kyle D. Logue
Law & Economics Working Papers
In liability insurance, the duty to defend is broader than the duty to cover. Thus it is possible that an insurer that has a duty to defend a suit may not have the duty to cover the policyholder's liabilities in the suit. However, if the penalty for a breach of the duty to defend is limited to actual legal costs spent by the defendant, the insurer may have an incentive to refuse to defend, even when the duty to defend is clear. This occurs because the insurer will not internalize the consequences of an inadequate defense when it ultimately can …
Can You Keep It? An Examination Of The Individual Health Insurance Market, Rachael Carnale
Can You Keep It? An Examination Of The Individual Health Insurance Market, Rachael Carnale
Honors Scholar Theses
The passage of the Patient Protection and Affordable Care Act (PPACA, ACA, or Obamacare) in 2010 significantly altered the structure of the individual health insurance market. The new regulatory environment and establishment of the health insurance exchanges forced insurers to adopt to be successful in the reformed individual market. However, the complexity of the law and uncertainty surrounding both the law itself and the newly insured have threatened the stability of the individual market. This thesis will explore the history of the individual health insurance market, the issues that current afflict the exchanges, and viability of possible solutions. Special attention …
Opinion: The Mental Health Parity And Addiction Equity Act: What Parity Means For New Hampshire, Lucy C. Hodder
Opinion: The Mental Health Parity And Addiction Equity Act: What Parity Means For New Hampshire, Lucy C. Hodder
Law Faculty Scholarship
[Excerpt] "New Hampshire lawyers can help clients and colleagues with mental health or substance use disorders by advising individuals how to overcome barriers to insurance coverage for treatment, and encouraging them to pursue state and federally mandated internal, external and expedited appeal opportunities when denied coverage."
Newsroom: Undocumented Licenses, Safer Roads 01-05-2017, Roger Williams University School Of Law
Newsroom: Undocumented Licenses, Safer Roads 01-05-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Hurricanes, Fraud, And Insurance: The Supreme Court Weighs In On, But Does Not Wade Into, The Concurrent Causation Conundrum In State Farm Fire And Casualty Company V. Rigsby, Chris French
Journal Articles
In the December 6, 2016 Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner had homeowners insurance with State Farm and a flood insurance policy that was administered by State Farm on behalf of the federal government. The claims adjusters assigned by State Farm to handle the homeowner’s claim allegedly were instructed by State Farm to misclassify wind damage as flood damage in order to shift State Farm’s own liability for the loss to the federal government. The claims handlers filed a lawsuit against State Farm under the False Claims Act …
Insurance Policies: The Grandparents Of Contractual Black Holes, Chris French
Insurance Policies: The Grandparents Of Contractual Black Holes, Chris French
Journal Articles
In their recent article, The Black Hole Problem in Commercial Boilerplate, Professors Stephen Choi, Mitu Gulati, and Robert Scott identify a phenomenon found in standardized contracts they describe as “contractual black holes.” The concept of black holes comes from theoretical physics. Under the original hypothesis, the gravitational pull of a black hole is so strong that once light or information is pulled past an event horizon into a black hole, it cannot escape. In recent years, the theory has been reformulated and now the hypothesis is that some information can escape, but it is so degraded that it is virtually …
Allen V. Bryers: The Missouri Supreme Court's 2016 Decision Adds Clarity (And Confusion) To Insurers' Duty And Right To Defend Their Insureds, Jeffrey E. Thomas
Allen V. Bryers: The Missouri Supreme Court's 2016 Decision Adds Clarity (And Confusion) To Insurers' Duty And Right To Defend Their Insureds, Jeffrey E. Thomas
Faculty Works
In a previous paper, I suggested that the Missouri Supreme Court had adopted a forfeiture penalty for insurers that breached the duty to defend. This paper revises that position based on the December 2016 Missouri Supreme Court decision of Allen v. Bryers in which the court held that to recover damages beyond the applicable liability insurance policy limits, the insured (or an assignee) would have to demonstrate the insurer had acted in bad faith. However, the court confirmed a forfeiture approach up to the liability insurance policy limits. Where an insurer breaches its the duty to defend in a liability …