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Articles 1 - 8 of 8

Full-Text Articles in Law

Killing The Fatted Calf: Managed Care Liability In A Post-Pegram World, Karene M. Boos, Eric J. Boos Nov 2003

Killing The Fatted Calf: Managed Care Liability In A Post-Pegram World, Karene M. Boos, Eric J. Boos

Northern Illinois University Law Review

Over one hundred million Americans receive their health care benefits under some kind of managed care plan. At the heart of every managed care plan is an emphasis on cost containment. The courts traditionally protected the proprietary economic interests of managed care by holding that claims against managed care organizations and plan directors were preempted under the Employee Retirement Income Security Act (ERISA). This was done as a means of facilitating a better health care delivery system for Americans and in spite of the number of patients who suffered poor health consequences as a result of decisions by managed care …


Erickson V. Bartell: The “Common Sense” Approach To Employer-Based Insurance For Women, Julia Bruzina Apr 2003

Erickson V. Bartell: The “Common Sense” Approach To Employer-Based Insurance For Women, Julia Bruzina

Saint Louis University Law Journal

No abstract provided.


Eminent Domain Economics: Should ‘Just Compensation’ Be Abolished, And Would ‘Takings Insurance’ Work Instead?, Steve Calandrillo Jan 2003

Eminent Domain Economics: Should ‘Just Compensation’ Be Abolished, And Would ‘Takings Insurance’ Work Instead?, Steve Calandrillo

Articles

In a defeat for staunch property rights advocates, the Supreme Court ruled this spring that a prohibition on land development in the Tahoe basin did not amount to a de facto taking of land such that the constitutional mandate of just compensation was triggered. The Tahoe decision highlights the struggle in eminent domain jurisprudence over the proper treatment of so-called regulatory takings. It has long been taken for granted that when the government exercises its power of eminent domain to take private property in the name of the public good, it must reimburse displaced landowners. While compensation for physical takings …


Erisa: A Co-Fiduciary Has No Right To Contribution And Indemnity, George Lee Flint Jr, Philip W. Moore Jr Jan 2003

Erisa: A Co-Fiduciary Has No Right To Contribution And Indemnity, George Lee Flint Jr, Philip W. Moore Jr

Faculty Articles

Because retirement plans involve large amounts of money, large numbers of people, and fiduciaries with conflicts of interests, Congress designed ERISA to differ from traditional trust law to meet these specific needs and important policy concerns. Before ERISA, fiduciaries and employers often manipulated lack of oversight and conflict of interests to the detriment of the beneficiaries. ERISA raised the standards owed by fiduciaries and established a policing system that required professional fiduciaries to monitor non-professional fiduciaries, thereby forcing non-professional fiduciaries to leave the field or seek expert advice. These provisions created co-fiduciary liability by imputing the liability of the co-fiduciary …


Final Report Multi Peril Crop Insurance Task Force, Report To The Minister For Agriculture, Forestry And Fisheries, Multi Peril Crop Insurance Task Force Jan 2003

Final Report Multi Peril Crop Insurance Task Force, Report To The Minister For Agriculture, Forestry And Fisheries, Multi Peril Crop Insurance Task Force

All other publications

II. Objectives of the Multi Peril Crop Insurance Task Force

1. To report to the Minister for Agriculture, Fisheries and Forestry on the feasibility of introducing MPCI (drought and fro.) insurance for wheat and barley crops in Western Australia.

2. To examine the scope and design of potential insurance schemes and their desirability both from a fanning and insurance perspective.

3. To commission studies and actuarial assessments so that actuarially sound premiums can be determined, at the farm level if possible.

4. To ensure that any insurance scheme adopted at least covers the direct (cash) input costs of putting in …


Exclusion Of Terrorist-Related Harms From Insurance Coverage: Do The Costs Justify The Benefits, Jeffrey E. Thomas Jan 2003

Exclusion Of Terrorist-Related Harms From Insurance Coverage: Do The Costs Justify The Benefits, Jeffrey E. Thomas

Faculty Works

The September 11 attack was the largest single insured event in history. In the end, insurance companies are expected to pay approximately $50 billion to victims of the attack. In response to the perceived potential of future terrorist losses, many insurers have begun to exclude terrorist-related losses from their policies. In light of the size and uncertainty of future losses, this is understandable. In adopting this approach, however, it appears that little thought has been given to the transaction costs associated with the exclusion. One of the significant contributions of Law and Economics to legal literature has been to illuminate …


Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael Jan 2003

Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael

St. Mary's Law Journal

This Comment explores why health maintenance organizations (HMOs) such as PacifiCare should be held accountable for the financial instabilities of their delegated networks. Part II discusses the organization of the managed care system and the assessment of Texas laws currently enforcing managed care in the state. Incorporated in this discussion is a look at the risks delegated networks bear when contracting with HMOs to provide payment for individualized care. Part III analyzes the increasing trend of financial instability by presenting the views of the HMOs, the delegated networks, the health care providers, and the consumers enrolled in the health plan. …


Containing The Promise Of Insurance: Adverse Selection And Risk Classification, Tom Baker Jan 2003

Containing The Promise Of Insurance: Adverse Selection And Risk Classification, Tom Baker

All Faculty Scholarship

Insurance law, risk pools, adverse selection