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Insurance Law Commons™

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Faculty Publications

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Articles 31 - 38 of 38

Full-Text Articles in Insurance Law

Health Care Rationing And Disability Rights, Philip G. Peters Jr. Apr 1995

Health Care Rationing And Disability Rights, Philip G. Peters Jr.

Faculty Publications

This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …

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Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer Jul 1992

Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer

Faculty Publications

No abstract provided.

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Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson Jan 1990

Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson

Faculty Publications

In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …

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New Developments In Kansas Insurance Law, Robert H. Jerry Ii Jan 1989

New Developments In Kansas Insurance Law, Robert H. Jerry Ii

Faculty Publications

Since 1959 the Kansas Law Review has encouraged commentary on recent developments in Kansas insurance law. This article continues this tradition, examining developments that have occurred during the last five years.

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Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii Jan 1986

Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii

Faculty Publications

This article examines the implications of the differing remedies provided by tort and contract law. Part I describes the traditional major duties owed by an insurer to an insured and outlines the remedies currently provided in most jurisdictions for the breach of these duties. Part II gives special attention to the insurer's implied duty of good faith and fair dealing; it reviews the historical origins of the duty and describes the alternative ways to categorize it. Part III argues that the duty of good faith and fair dealing should be treated as a contract duty, but that courts should administer …

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Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield Jan 1985

Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield

Faculty Publications

This Article contends that gender is an impermissible basis for calculating insurance premiums and payments. Although this Article agrees with the arguments of those who share this view, it offers a different justification for eliminating gender discrimination in insurance. Part I of this Article briefly reviews the status of existing restrictions on gender discrimination in insurance. Part II examines the issues involved in gender-based insurance rating from the perspective of both insurers and advocates of individual equality. Part III presents a new justification for unisex insurance.

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Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii Jan 1984

Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii

Faculty Publications

For most of us the "small world" of insurance law, as it reflects and responds to changes in the "larger world," is also becoming increasingly complex. Part I of this article discusses cases involving questions of contract formation and termination; Part II concerns issues involving the performance of obligations arising out of the insurance contract; Part III studies several cases involving the construction and interpretation of contract language; Part IV is devoted solely to automobile insurance issues; finally, Part V discusses a few detached ideas.

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The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer Apr 1981

The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer

Faculty Publications

No abstract provided.

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