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Articles 1 - 7 of 7
Full-Text Articles in Insurance Law
Controlling Health Care Spending: More Patient "Skin In The Game?", David Orentlicher
Controlling Health Care Spending: More Patient "Skin In The Game?", David Orentlicher
Scholarly Works
In this article, Professor Orentlicher explores the high cost of healthcare and the trend in health insurance to shift the cost of health care to patients in an attempt to influence their behavior and health decisions. He examines such strategies as reference pricing, scaled cost-sharing, and employee wellness programs.
Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel
Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel
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In Schmidt v. Smith, the New Jersey Supreme Court caught more than a few observers by surprise. New Jersey courts have generally issued opinions regarded as pro-claimant and pro-policyholders. But everyone's taste for recompense and coverage has limits. In Schmidt, the court exceeded those limits for many observers by holding that despite what it regarded as clear contract language in an exclusion, an insurer providing Employers’ Liability (“EL”) coverage along with Workers' Compensation (“WC”) insurance for the employer was required to provide coverage in a case of blatant sexual harassment bordering on criminal assault. In doing so, the Schmidt court, …
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
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This article discusses insurance coverage of employment discrimination claims under both existing policies and emerging Employment Practices Liability Insurance policies: The first part describes the “three *7 dimensional model” of liability insurance; the second part describes general principles of interpretation as applied by courts to insurance policies; and the third part describes public policy limitations on the interpretation of insurance policies. These first three sections establish the background necessary for analyzing the availability of insurance coverage for employment disputes. The fourth part of the article then analyzes the potential for coverage under standard types of liability insurance, while the fifth …
Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii
Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii
Scholarly Works
Assessing the role that Employment Practices Liability Insurance might play in the future requires an understanding of two murky areas of law: employment law and insurance coverage law. In Part I of the Article I discuss the evolution of employer liability for hostile work environment sexual harassment. In Part II of the Article I analyze the consequences for insurance coverage that follow from recognizing that liability for hostile work environment sexual harassment is grounded on negligence principles.
Foreward: Employment Practies Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii
Foreward: Employment Practies Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii
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In the past fifteen years there has been substantial insurance coverage litigation as employers have attempted to secure coverage under their liability insurance program for employment-related practices liabilities. In recognition of this significant development of a body of law, and growing out of an American Bar Association Annual Meeting panel discussion in which I participated, the Western New England Law Review published a Symposium in 1996 entitled, Insurance Coverage of Employment Disputes. Employers continue to seek insurance coverage for these liabilities under their traditional liability insurance policies, but the situation has dramatically changed in the past several years. On the …
Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii
Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii
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Employment lawyers have witnessed a virtual revolution in the law of employment relations during the past thirty years. Although the federal government intervened substantially in private employment relationships in response to the economic catastrophe of the Great Depression, employers remained largely free of regulation until the explosion of statutes and common law developments that commenced in the 1960s and continues today. Recent developments in common law tort and contract principles are particularly troubling for defense counsel in employment matters, since the resulting doctrinal uncertainty renders it difficult to assess the client's exposure with any assurance until the appeals in the …
Foreward, Symposium: Insurance Coverage Of Employment Disputes, Francis J. Mootz Iii
Foreward, Symposium: Insurance Coverage Of Employment Disputes, Francis J. Mootz Iii
Scholarly Works
This Symposium addresses the most recent insurance coverage issue that requires mastery not only of insurance law concepts but also a rapidly developing area of substantive law. Employers increasingly are finding themselves subject to state and federal regulation of the terms, conditions, and duration of their relationship with employees. The liabilities associated with increased governmental regulation represent a major financial exposure, leading many employers to demand coverage under their various insurance policies. This rapidly evolving area of insurance law achieved some measure of public notice with the recent disclosure that two insurance companies already have paid out nearly a million …