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Articles 91 - 120 of 322
Full-Text Articles in Insurance Law
Improving Retirement Savings Options For Employees, James Kwak
Improving Retirement Savings Options For Employees, James Kwak
Faculty Articles and Papers
Americans do not save enough for retirement. One reason is that our retirement savings accounts — whether employer-sponsored defined-contribution plans such as 401(k) plans or individual retirement accounts — are heavily invested in actively managed mutual funds that siphon off tens of billions of dollars in fees every year yet deliver returns that trail the overall market. Under existing law, as interpreted by the courts, mutual funds may charge high fees to investors, and companies may offer expensive, active funds to their employees. This paper argues that the Employee Retirement Income Security Act should be reinterpreted, in light of basic …
Review, From Industrial To Legal Standardization, 1871-1914: Transnational Insurance Law And The Great San Francisco Earthquake, Sachin Pandya
Review, From Industrial To Legal Standardization, 1871-1914: Transnational Insurance Law And The Great San Francisco Earthquake, Sachin Pandya
Faculty Articles and Papers
No abstract provided.
A Jurisprudential Survey Of Bad Faith Claims In The Workers' Compensation Context And A Call For A Unified Statutory Remedy, Steven Plitt
A Jurisprudential Survey Of Bad Faith Claims In The Workers' Compensation Context And A Call For A Unified Statutory Remedy, Steven Plitt
Connecticut Insurance Law Journal
No abstract provided.
Some Thoughts On Health Care Exchanges: Choice, Defaults, And The Unconnected, Brendan Maher
Some Thoughts On Health Care Exchanges: Choice, Defaults, And The Unconnected, Brendan Maher
Faculty Articles and Papers
One feature of the ACA that appealed to observers across the political spectrum was the creation of health insurance “exchanges.” Among other things, exchanges are intended to aid consumers in making simple and transparent choices regarding the purchase of health insurance. This Article considers how exchanges might benefit from the use of “default” options — both online and off. Given the significant number of Americans that have limited or no Internet access, offline defaults may be an attractive way to promote coverage of the “unconnected.”
The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya
The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya
Faculty Articles and Papers
This article studies the rise and fall of the first liability insurance cartel in the United States. In 1886, insurance companies in America began selling liability insurance for personal injury accidents, primarily to cover business tort liability for employee accidents at work and non-employee injuries occasioned by their business operations. In 1896, the leading liability insurers agreed to fix premium rates and share information on policyholder losses. In 1906, this cartel fell apart. Although largely forgotten until now, the rise and fall of this cartel confirms the expectations of both cartel theory and past studies of insurance cartels, largely in …
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
Benefits Of Opt-In Federalism, The, Brendan Maher
Benefits Of Opt-In Federalism, The, Brendan Maher
Faculty Articles and Papers
The Affordable Care Act (“ACA”) is a controversial and historic statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism. Opt-in federalism – in which individuals choose between federal and state rules – is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.
Readability, Contracts Of Recurring Use, And The Problem Of Ex Post Judicial Governance Of Health Insurance Polices, John Aloysius Cogan, Jr.
Faculty Articles and Papers
While the rhetoric surrounding the passage of the Patient Protection and Affordable Care Act focused on core issues such as cost, quality, and access to care, the dialog rarely acknowledged a key problem-the fact that most Americans do not understand their health insurance. Simply put, consumers do not fully grasp their health insurance coverage because the jargon found in many health insurance contracts is impenetrable to most Americans. This is disconcerting because consumer-oriented information is central to our increasingly consumer-directed health care system. Consumers are expected to make cost-effective choices among the array of health insurance plans that may be …
The Language Of Lives, Jill Anderson
The Language Of Lives, Jill Anderson
Faculty Articles and Papers
No abstract provided.
Tontines For The Invincibles: Enticing Low Risks Into The Health-Insurance Pool With An Idea From Insurance History And Behavioral Economics, Peter Siegelman, Tom Baker
Tontines For The Invincibles: Enticing Low Risks Into The Health-Insurance Pool With An Idea From Insurance History And Behavioral Economics, Peter Siegelman, Tom Baker
Faculty Articles and Papers
Over one-third of the uninsured adults in the U.S. below retirement age are between nineteen and twenty-nine years old. Young adults, especially men, often go without insurance, even when buying it is mandatory and sometimes even when it is a low-cost employment benefit. This Article proposes a new form of health insurance targeted at this group, the "young invincibles"-those who (wrongly) believe that they do not need health insurance because they will not get sick. Our proposal offers a cash bonus to those who turn out to be right in their belief that they did not really need health insurance. …
Annuity Coeptis: Is There A Way To Avoid American Equity Investment Life Insurance Co. V. Sec Becoming A Herald For The Sec Gaining Regulatory Control Over All Securities-Related Insurance Products?, Russell Hasan
Connecticut Insurance Law Journal
No abstract provided.
Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan Maher
Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan Maher
Faculty Articles and Papers
Notwithstanding the fact that ERISA was enacted to protect employee benefits, courts have narrowly construed the relief available when benefits are denied, out of concern that a stronger remedy would be too costly for the system to bear. Judges, I argue, are ill-equipped to make this policy judgment. Instead, a regulated, subsidized, paternalistic market should be created to permit the benefit players themselves to choose and price the strength of the remedy they desire. This is a superior means to reach the right level of remedial strength for the most players. To protect against undesirably weak remedial options being selected, …
A Congregation Of Vapours: Clendenin Brothers, Inc. V. United States Fire Insurance Company, Welding Rod Litigation, The Total Pollution Exclusion, The Futility Of The Judicial Search For Ambiguity In Commercial General Liability Insurance Contracts, And The Reasonable Expectations Of The Insured, Thomas Plotkin
Connecticut Insurance Law Journal
No abstract provided.
Howard Delivery Service, Inc. V. Zurich American Insurance Co.: The U.S. Supreme Court Resolves The Split Among Circuits Regarding Whether Workers' Compensation Premiums May Be Eligible For Priority Treatment In Bankruptcy Proceedings, Clayton Johnson
Connecticut Insurance Law Journal
No abstract provided.
A Genetically Modified Liability Insurance Contract, Seth J. Chandler
A Genetically Modified Liability Insurance Contract, Seth J. Chandler
Connecticut Insurance Law Journal
This article uses the new technique of genetic programming to discover liability insurance contracts that, in theory, would substantially reduce the effective cost of accidents faced by potential insureds. Specifically, it suggests using formulas containing statistics about the distribution of damages in lawsuits brought against the insured as a way of customizing the per occurrence limit on a case-by-case basis. It further suggests permitting the insurer to modify the conventional duty to settle that American judges have implied into most liability insurance contracts. This modification would permit statistics regarding the distribution of damages expected in a lawsuit materializing against the …
The Economic Case For Gender-Neutral Life Insurance, Richard A. Booth
The Economic Case For Gender-Neutral Life Insurance, Richard A. Booth
Connecticut Insurance Law Journal
No abstract provided.
Strengthen Pharmaceutical Patent Rights: Lowering The Cost Of Prescription Drugs By Stopping The Reckless Patent Litigation Abuse Of Generic Companies, Andrew A. Phillips
Strengthen Pharmaceutical Patent Rights: Lowering The Cost Of Prescription Drugs By Stopping The Reckless Patent Litigation Abuse Of Generic Companies, Andrew A. Phillips
Connecticut Insurance Law Journal
No abstract provided.
What Is It Worth - A Critical Analysis Of Insurance Appraisal, Timothy P. Law, Jillian L. Starinovich
What Is It Worth - A Critical Analysis Of Insurance Appraisal, Timothy P. Law, Jillian L. Starinovich
Connecticut Insurance Law Journal
No abstract provided.
Overwhelmed: Federal Flood Insurance Act Of 1956, Henry S. Cohn, Tiffany M. Rowe
Overwhelmed: Federal Flood Insurance Act Of 1956, Henry S. Cohn, Tiffany M. Rowe
Connecticut Insurance Law Journal
No abstract provided.
The Restatement (Second) Of Contracts As A Useful Tool For Addressing Common Insurance Law Issues, Nicholas M. Insua, Matthew J. Delude
The Restatement (Second) Of Contracts As A Useful Tool For Addressing Common Insurance Law Issues, Nicholas M. Insua, Matthew J. Delude
Connecticut Insurance Law Journal
No abstract provided.
Should Insurers In Texas Be Prohibited From Using Staff Attorneys To Defend Third Party Claims Brought Against Insureds: A Closer Look At American Home Assurance, Denise Purpura
Connecticut Insurance Law Journal
No abstract provided.
Helping Individuals Investors Do What They Know Is Right: The Save More For Retirement Act Of 2005, Matthew Venhorst
Helping Individuals Investors Do What They Know Is Right: The Save More For Retirement Act Of 2005, Matthew Venhorst
Connecticut Insurance Law Journal
No abstract provided.
Consumer-Driven Health Care: Moral Hazard, The Efficiency Of Income Transfers, And Market Power, John A. Nyman
Consumer-Driven Health Care: Moral Hazard, The Efficiency Of Income Transfers, And Market Power, John A. Nyman
Connecticut Insurance Law Journal
Consumer-driven health care (CDHC) and health savings accounts (HSAs) have been promoted as ways to reduce national health expenditures. This essay attempts to place these policies in a theoretical perspective. CDHC is intended to reduce expenditures by reducing the additional quantity of health care that consumers purchase when insured, that is, by reducing moral hazard. This essay suggests that while some moral hazard is inefficient and should be discouraged, a large portion moral hazard-the health care that ill consumers can only afford to purchase if they are insured-is actually efficient and should be encouraged. CDHC does not distinguish between these …
Buss Stop: A Policy Language Based Analysis, Angela R. Elbert, Stanley C. Nardoni
Buss Stop: A Policy Language Based Analysis, Angela R. Elbert, Stanley C. Nardoni
Connecticut Insurance Law Journal
No abstract provided.
The Chawla Decision: A Death Knell For The Use Of Life Insurance Trust In Estate Planning?, Reagan N. Clyne
The Chawla Decision: A Death Knell For The Use Of Life Insurance Trust In Estate Planning?, Reagan N. Clyne
Connecticut Insurance Law Journal
No abstract provided.
The Future Of The National Flood Insurance Program In The Aftermath Of Hurricane Katrina, Quynh T. Pham
The Future Of The National Flood Insurance Program In The Aftermath Of Hurricane Katrina, Quynh T. Pham
Connecticut Insurance Law Journal
No abstract provided.
Comments For The University Of Connecticut Asbestos Litigation Symposium, James L. Stengel
Comments For The University Of Connecticut Asbestos Litigation Symposium, James L. Stengel
Connecticut Insurance Law Journal
No abstract provided.
The Asbestos Litigation Crisis: The Tide Appears To Be Turning, Mark A. Behrens, Phil Goldberg
The Asbestos Litigation Crisis: The Tide Appears To Be Turning, Mark A. Behrens, Phil Goldberg
Connecticut Insurance Law Journal
No abstract provided.
Anorexia Killed Her, But The System Failed Her: Does The American Insurance System Suffer From Anorexia, Beth A. Brunalli
Anorexia Killed Her, But The System Failed Her: Does The American Insurance System Suffer From Anorexia, Beth A. Brunalli
Connecticut Insurance Law Journal
No abstract provided.
On The Applicability Of The Silica Mdl Proceeding To Asbestos Litigation, Lester Brickman
On The Applicability Of The Silica Mdl Proceeding To Asbestos Litigation, Lester Brickman
Connecticut Insurance Law Journal
No abstract provided.