Insurance Law Commons^™

Managing The New Political Risks: Populism, Democratic Instability, And The Rise Of Political Risk Insurance In Developed Democracies, James R. Brakebill

Connecticut Insurance Law Journal

Developed democracies in the West are facing a surge of political

risk. Democratic institutions are showing their weaknesses as polarization,

populism, and trade conflicts sweep across the developed world. Firms and

investors with multinational interests have been turning to political risk

insurance to mitigate potential losses due to adverse government action.

Once limited to emerging markets to insure against risks such as civil war

or expropriation, political risk insurance is increasingly being purchased to

protect assets from emerging risks in developed economies. While private

insurers have been able to respond to the increase in demand for coverage,

they are not …

The American Law Institute's Restatement Of The Law, Liability Insurance: Scholarship And Controversy, Lorelie S. Masters, Geoffrey B. Fehling

Connecticut Insurance Law Journal

No abstract provided.

Homeowner's Insurance And Credit Score: A Critical Race Theory Perspective, Robert K. Yass

Connecticut Insurance Law Journal

No abstract provided.

Underwriting Criteria, Practices, And Tools Of Pet Health Insurance Companies, Kimberly L. Wilson

Connecticut Insurance Law Journal

This article examines the underwriting criteria, practices, and tools of pet insurance companies. While companies that sell pet insurance policies are generally transparent about who their underwriting company is, underwriting rules are not as readily available and require consumers to navigate the System for Electronic Rates and Forms Filing (SERFF) online interface. Because pet "health" insurance is actually a form of property and casualty insurance, the underwriters are, as expected, typically property and casualty companies. This paper explores the current pet health insurance landscape and how pet insurance underwriters incorporate quasi-medical underwriting into their pet insurance policies.

What Is A Protection Gap? Homeowners Insurance As A Case Study, Jay M. Feinman

Connecticut Insurance Law Journal

No abstract provided.

Infected Judgment: Problematic Rush To Conventional Wisdom And Insurance Coverage Denial In A Pandemic, Erik S. Knutsen, Jeffrey W. Stempel

Connecticut Insurance Law Journal

The COVID-19 pandemic created not only a public health crisis but also an

insurance coverage imbroglio, prompting near-immediate business interruption claims by policyholders impacted by government restrictions ordered in response to the pandemic. Insurers and their representatives "presponded" to the looming coverage claims by quickly moving to denigrate arguments for coverage, engaging in a pre-emptive strike that has largely worked to date, inducing too many courts to rush to judgment by declaring-as a matter of law-that policy terms such as "direct physical loss or damage" do not even arguably encompass the business shutdowns

resulting from COVID-19. Our closer examination of …

Racist Robots And The Lack Of Legal Remedies In The Use Of Artificial Intelligence In Healthcare, Tyler Dueno

Connecticut Insurance Law Journal

This article examines the rapidly accelerating use of powerful artificial intelligence to make healthcare decisions. Artificial intelligence promises many benefits: affordable and accessible healthcare; diagnostic accuracy; and efficiently streamlining tasks related to prior authorization procedures. However, the perils involve proxy discrimination-an insidious form of a disparate impact claim-involving biases inadvertently coded into an algorithm disproportionately harming members ofa protected class. As most Americans have employer-provided health insurance governed by the Employee Retirement Income Security Act of 1974 (ERISA), this paper argues there are no adequate legal remedies for consumers injured by proxy discrimination. The history of health insurance explains why …

Does Small Group Health Insurance Deliver Group Benefits: An Argument In Favor Of Allowing The Small Group Market To Die, John Aloysius Cogan, Jr.

Faculty Articles and Papers

The small group health insurance market is failing. Today, fewer than one-third of small firms now offer health insurance and the number of people covered by small group insurance continues to drop. These problems invite the obvious question: What should be done about the small group market? Past scholarship on the small group market has largely focused on documenting the market's problems, evaluating the effectiveness of prior reform efforts, and proposing regulatory changes to stabilize the market. This Article takes a different approach to the small group problem by asking a previously unasked question: Does the small group market deliver …

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

Connecticut Insurance Law Journal

No abstract provided.

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

Connecticut Insurance Law Journal

No abstract provided.

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 …

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.

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

Connecticut Insurance Law Journal

No abstract provided.

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

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.

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

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.

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

Connecticut Insurance Law Journal

No abstract provided.

Health Insurance Rate Review, John Aloysius Cogan, Jr.

Faculty Articles and Papers

No abstract provided.

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

Connecticut Insurance Law Journal

No abstract provided.

Pension De-Risking, Brendan Maher

Faculty Articles and Papers

The United States is facing a retirement crisis, in significant part because defined benefit pension plans have been replaced by defined contribution retirement plans that, whatever their theoretical merit, have left significant numbers of workers unprepared for retirement. A troubling example of the continuing movement away from defined benefit plans is a new phenomenon euphemistically called “pension de-risking.” Recent years have been marked by high-profile companies engaging in various actions designed to reduce the company’s exposure to pension funding risk (hence the term “pension de-risking”). Some de-risking strategies convert a federally-guaranteed pension into a more risky private annuity. Other approaches …

The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan, Jr.

Faculty Articles and Papers

No abstract provided.

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

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.

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

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.

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

Connecticut Insurance Law Journal

No abstract provided.

Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman

Faculty Articles and Papers

Asymmetric information makes the behavior of insurance markets very difficult to predict. But this Article argues that the increasing use of Big Data by insurers will not result in forecasts of loss that are so accurate that they eliminate uncertainty, and with it, the possibility of insurance. Big Data techniques might lead to a 'flip" in informational asymmetry, resulting in a situation in which insurers know more about their customers than the latter know about themselves. But the effects of such a development could actually be benign. Finally, the Article considers the potential for Big (or at least, More) Data …