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Full-Text Articles in Insurance Law
Mandates, Markets, And Risk: Auto Insurance And The Affordable Care Act, Jennifer Wriggins
Mandates, Markets, And Risk: Auto Insurance And The Affordable Care Act, Jennifer Wriggins
Faculty Publications
Now that the Affordable Care Act (ACA) individual health insurance mandate has been upheld by the United States Supreme Court, it is an opportune time to examine precedents for the individual mandate that were not considered in the legislative debate or litigation about the ACA’s constitutionality, particularly auto insurance mandates. Although opponents’ arguments were cast largely as Commerce Clause claims, the arguments have a deeper foundation as claims about liberty and coercion which go far beyond the Commerce Clause. Although auto insurance mandates are obviously different, particularly in that they are state rather than federal, auto insurance mandates can help …
Compulsory No-Fault Medical Insurance For Automobile Owners, William L. Schlosser
Compulsory No-Fault Medical Insurance For Automobile Owners, William L. Schlosser
University of Michigan Journal of Law Reform
The enactment of the Massachusetts compulsory no-fault insurance bill, and Senator Phillip Hart's recent introduction of national no-fault insurance legislation, indicate the serious consideration no-fault insurance is receiving as a method of reforming the existing auto accident compensation system. The current tort system of recovery of auto accident medical expenses is inefficient, and, in many cases, does not adequately compensate the injured parties. Compulsory no-fault insurance is well suited to remedy these deficiencies. Under a no-fault insurance plan, benefits would be paid without regard to the question of fault; consequently, every accident victim would receive compensation without first having to …