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Articles 1 - 23 of 23
Full-Text Articles in Insurance Law
Workplace Wellness Programs: Empirical Doubt, Legal Ambiguity, And Conceptual Confusion, Camila Strassle, Benjamin E. Berkman
Workplace Wellness Programs: Empirical Doubt, Legal Ambiguity, And Conceptual Confusion, Camila Strassle, Benjamin E. Berkman
William & Mary Law Review
Federal laws that protect workers from insurance discrimination and infringement of health privacy include exceptions for wellness programs that are “voluntary” and “reasonably designed” to improve health. Initially, these exceptions were intended to give employers the flexibility to create innovative wellness programs that would appeal to workers, increase productivity, and protect the workforce from preventable health conditions.
Yet a detailed look at the scientific literature reveals that wellness program efficacy is quite disputed, and even highly touted examples of program success have been shown to be unreliable. Meanwhile, the latest administrative regulations on wellness programs were vacated by a district …
Telemedicine And Malpractice: Creating Uniformity At The National Level, Tyler D. Wolf
Telemedicine And Malpractice: Creating Uniformity At The National Level, Tyler D. Wolf
William & Mary Law Review
Picture this: an elderly gentleman living alone, isolated in a rural, midwestern locale. One day, this elderly gentleman awakes to find a distinct rash forming on his chest. The nearest doctor capable of performing an examination is located over a hundred miles away, and this man has not driven more than ten miles in twenty years. Shambling into his living room, the elderly man logs onto his computer and begins typing. Within twenty minutes he is videoconferencing with a doctor who examines the rash remotely and makes a diagnosis.
Through advances in telemedicine, the scenario described above is becoming an …
An Implied Defense: Self-Disclosure Offers A Defense To The Expanded False Claims Liability After Universal Health Services V. Escobar, Megan E. Italiano
An Implied Defense: Self-Disclosure Offers A Defense To The Expanded False Claims Liability After Universal Health Services V. Escobar, Megan E. Italiano
William & Mary Law Review
No abstract provided.
The Fatal Failure Of The Regulatory State, W. Kip Viscusi
The Fatal Failure Of The Regulatory State, W. Kip Viscusi
William & Mary Law Review
Although regulatory agencies place high values on the benefits associated with the reduction in mortality risks due to regulations, these same agencies substantially undervalue lives in their enforcement efforts. The disparity between the valuation of prospective risks and fatalities that have occurred is often by several orders of magnitude, diminishing whatever safety incentives the regulations might have generated. A review of the practices by the major federal agencies with responsibility for product safety and occupational safety finds that the value placed on fatalities in agencies’ regulatory analyses can be a factor of 1000 times greater than the magnitude of the …
Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok
Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok
William & Mary Law Review
Litigation investment, sometimes known as litigation finance, is increasingly accepted around the world. Once prohibited as champerty, litigation investment is now embraced in England, Canada, and Australia, as well as in many civil law nations. In the United States, the development of a robust market for investment in litigation has been met by various objections. One objection is that litigation investment interferes with the autonomy of lawyers. A second objection is that it promotes frivolous litigation.
This Article takes up a popular argument against litigation investment: the legal system should not encourage parties to sell their control over litigation that …
The Insurance Policy As Social Instrument And Social Institution, Jeffrey W. Stempel
The Insurance Policy As Social Instrument And Social Institution, Jeffrey W. Stempel
William & Mary Law Review
This Article suggests that insurance policies are not merely contracts but also are designed to perform particular risk management, deterrence, and compensation functions important to economic and social ordering. Recognizing this fact has significant implications regarding the manner in which insurance policies are construed in coverage disputes. From this insight flow interpretative consequences suggesting that policy construction can be improved by not only performing traditional contract analysis of disputed policies but also appreciating the particular function of the insurance policy in question as part of the insurance product’s larger role as a social and economic instrument or institution. Applying this …
American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey
American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey
William & Mary Law Review
No abstract provided.
Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson
Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson
William & Mary Law Review
No abstract provided.
Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz
Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz
William & Mary Law Review
No abstract provided.
The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith
The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith
William & Mary Law Review
No abstract provided.
Spouse's Fraud As A Bar To Insurance Recovery, Stephen P. Carney
Spouse's Fraud As A Bar To Insurance Recovery, Stephen P. Carney
William & Mary Law Review
No abstract provided.
Damages Assessed Against Insurers For Wrongful Failure To Pay, Terry B. Light
Damages Assessed Against Insurers For Wrongful Failure To Pay, Terry B. Light
William & Mary Law Review
No abstract provided.
Changing A Life Beneficiary By Will, Thomas C. Clark
Changing A Life Beneficiary By Will, Thomas C. Clark
William & Mary Law Review
No abstract provided.
Federal Interpleader - Availability Of Interpleader To Liability Insurer Before Claims Have Been Reduced To Judgments, Underwriters At Lloyd's V. Nichols, 363 F.2d 357 (8th Cir. 1966), F. Prince Butler
William & Mary Law Review
No abstract provided.
The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker
The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker
William & Mary Law Review
No abstract provided.
The Rights Of Insured To Reinstatement Under Life, Health And Accident Policies, N. Woodrow Pusey
The Rights Of Insured To Reinstatement Under Life, Health And Accident Policies, N. Woodrow Pusey
William & Mary Law Review
No abstract provided.
Federal Procedure - Declaratory Judgments In Civil Suits Following Conviction Of One Of The Parties In A Criminal Case, James Goodson
Federal Procedure - Declaratory Judgments In Civil Suits Following Conviction Of One Of The Parties In A Criminal Case, James Goodson
William & Mary Law Review
No abstract provided.
Insurance - Excess Liability Resulting From The Use Of A Non-Waiver Agreement On An Insurance Contract Allegedly Void Ab Initio, Avery Thomas
William & Mary Law Review
No abstract provided.
Insurance - Is The Liability Carrier Liable For Punitive Damages Awarded By The Jury?, M. Elvin Byler
Insurance - Is The Liability Carrier Liable For Punitive Damages Awarded By The Jury?, M. Elvin Byler
William & Mary Law Review
No abstract provided.
Liability Of An Insurance Carrier In Excess Of Coverage, Richard S. Cohen
Liability Of An Insurance Carrier In Excess Of Coverage, Richard S. Cohen
William & Mary Law Review
No abstract provided.
Virginia's Experience With The "Uninsured Motorist" Act, John M. Court
Virginia's Experience With The "Uninsured Motorist" Act, John M. Court
William & Mary Law Review
No abstract provided.
Insurance - Omnibus Clause - Unauthorized Driver Covered Where Car Used For Permitted Purpose, Richard S. Cohen
Insurance - Omnibus Clause - Unauthorized Driver Covered Where Car Used For Permitted Purpose, Richard S. Cohen
William & Mary Law Review
No abstract provided.