Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (4)
- Social Welfare Law (3)
- Torts (3)
- Business (2)
- Economics (2)
-
- Insurance (2)
- Law and Economics (2)
- Policy Design, Analysis, and Evaluation (2)
- Public Affairs, Public Policy and Public Administration (2)
- Social Welfare (2)
- Arts and Humanities (1)
- Contracts (1)
- Disaster Law (1)
- East Asian Languages and Societies (1)
- Emergency and Disaster Management (1)
- Energy Policy (1)
- Energy and Utilities Law (1)
- Family, Life Course, and Society (1)
- Health Economics (1)
- Health Law and Policy (1)
- Health Policy (1)
- Health and Medical Administration (1)
- Japanese Studies (1)
- Law and Society (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Legal Remedies (1)
- Litigation (1)
- Keyword
-
- Insurance (4)
- Torts (3)
- Damages (2)
- Medicare (2)
- Contract law (1)
-
- Default (1)
- Earthquake (1)
- Empirical studies (1)
- Ethics (1)
- Fukushima (1)
- Health (1)
- Health care (1)
- Japan (1)
- Lack of mandatory reporting (1)
- Large firm liability (1)
- Legal malpractice (1)
- Liability insurance premia (1)
- Litigation (1)
- Long-term care (1)
- Mandatory (1)
- Medicaid (1)
- Natural disasters (1)
- Nuclear energy (1)
- Professional negligence (1)
- Professional responsibility (1)
- Quantitative analysis (1)
- Rules (1)
- Settlement (1)
- Small firm lawyer liability (1)
- Social insurance (1)
Articles 1 - 5 of 5
Full-Text Articles in Insurance Law
Medicare Secondary Payer And Settlement Delay, Eric Helland, Jonathan Klick
Medicare Secondary Payer And Settlement Delay, Eric Helland, Jonathan Klick
All Faculty Scholarship
The Medicare Secondary Payer Act of 1980 and its subsequent amendments require that insurers and self-insured companies report settlements, awards, and judgments that involve a Medicare beneficiary to the Centers for Medicare and Medicaid Services. The parties then may be required to compensate CMS for its conditional payments. In a simple settlement model, this makes settlement less likely. Also, the reporting delays and uncertainty regarding the size of these conditional payments are likely to further frustrate the settlement process. We provide results, using data from a large insurer, showing that, on average, implementation of the MSP reporting amendments led to …
Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman
Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman
All Faculty Scholarship
Japan’s March 2011 triple disaster—first a large earthquake, followed by a massive tsunami and a nuclear meltdown—caused a devastating loss of life, damaged and destroyed property, and left hundreds of thousands of people homeless, hurt, and in need. This article looks at the effort to address the financial needs of the victims of the 3/11 disaster by examining the role of public and private actors in providing compensation, describing the types of groups and individuals for whom compensation is available, and analyzing the range of institutions through which compensation has been allocated. The story is in some ways cause for …
Mandatory Rules And Default Rules In Insurance Contracts, Tom Baker, Kyle D. Logue
Mandatory Rules And Default Rules In Insurance Contracts, Tom Baker, Kyle D. Logue
All Faculty Scholarship
The economic analysis of contract law can be organized around two general questions: (1) what are the efficient or welfare-maximizing substantive rules of contract law; and (2) once those rules have been identified, when if ever should they be made mandatory and when should they be merely “default rules” that the parties can contract around if they wish? Much of contract theory over the past twenty years has been devoted to developing answers to those two questions. The same two questions can be posed with respect to the rules of insurance law. Although previous scholars have examined particular substantive doctrines …
Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff
Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff
All Faculty Scholarship
Using the best publicly available data on lawyers’ liability claims and insurance – from the largest insurer of large law firms in the U.S., the American Bar Association’s Standing Committee on Professional Liability, and a summary of large claims from a leading insurance broker–this article reports the frequency of lawyers’ liability claims, the distribution and cost of claims by type of practice, the disposition of claims, and lawyers liability insurance premiums from the early 1980s to 2013. Notable findings include remarkable stability over thirty years in the distribution of claims by area of practice among both small and large firms, …
The Reverberating Risk Of Long-Term Care, Allison K. Hoffman
The Reverberating Risk Of Long-Term Care, Allison K. Hoffman
All Faculty Scholarship
The Fiftieth Anniversary of Medicare and Medicaid offers an opportunity to reflect on how American social policy has conceived of the problem of long-term care. In this essay, based on a longer forthcoming article, I argue that current policies adopt too narrow a conception of long-term care risk, by focusing on the effect of serious illness and disability on people who need care and not on the friends and family who often provide it. I propose a more complete view of long-term care risk that acknowledges how illness and disability reverberates through communities, posing insecurity for people beyond those in …