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Full-Text Articles in Insurance Law

Improving Retirement Savings Options For Employees, James Kwak Jan 2013

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 Jan 2013

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 Jan 2012

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 Jan 2012

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 Jun 2011

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. Jan 2011

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 Jan 2011

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. Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2009

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 Apr 2007

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 Apr 2007

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 Apr 2007

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 Apr 2007

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 Apr 2007

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 Apr 2007

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 Apr 2007

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 Oct 2006

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 Oct 2006

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 Oct 2006

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 Oct 2006

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 Oct 2006

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 Oct 2006

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 Apr 2006

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 Apr 2006

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 Apr 2006

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 Apr 2006

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 Apr 2006

On The Applicability Of The Silica Mdl Proceeding To Asbestos Litigation, Lester Brickman

Connecticut Insurance Law Journal

No abstract provided.