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Articles 31 - 47 of 47
Full-Text Articles in Insurance Law
Real Estate Issues For Government Lawyers, Oregon Law Institute, Alan K. Brickley, Ian K. Whitlock, Paul Nolte, John M. Junkin, Jillian R. Bruce, Stephanie Smythe, Pete Kasting
Real Estate Issues For Government Lawyers, Oregon Law Institute, Alan K. Brickley, Ian K. Whitlock, Paul Nolte, John M. Junkin, Jillian R. Bruce, Stephanie Smythe, Pete Kasting
Oregon Law Institute, 1997
Course Materials from the January 30, 1997 Program in Portland
Legal Attack On Cost Containment Mechanisms: The Expansion Of Liability For Physicians And Managed Care Orgainizations, 31 J. Marshall L. Rev. 207 (1997), Allison Faber Walsh
Legal Attack On Cost Containment Mechanisms: The Expansion Of Liability For Physicians And Managed Care Orgainizations, 31 J. Marshall L. Rev. 207 (1997), Allison Faber Walsh
UIC Law Review
No abstract provided.
Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii
Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii
Faculty Publications
This paper examines some of the assumptions on which many contemporary assessments of defense counsel's relationship with the insurer and the policyholder rest, contends that some of the current turmoil in this area is traceable to shaky assumptions, and argues that the drafting of clearer liability insurance contracts would add stability to the relationships. Part I briefly describes the current uncertainty confronting policyholders and defense counsel. Part II explores what the most widely-used liability insurance contracts say about the responsibilities of insurance defense counsel, examining both the context in which these policies are sold and the texts themselves. It contends …
Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards
Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards
Faculty Scholarship
Employees who receive health benefits through ERISA self-insured plans need protection when self-insured plans fail. Because of the breadth of ERISA preemption, states have been unable to assess ERISA self-insured plans for contribution to state insurance guaranty funds, and thus have been unable to include those employees in the protection of those funds. Further, attempts at federal reform to protect these employees have failed to garner support. However, under the recent Travelers, United Wire, and Safeco decisions, it may be possible for states to assess ERISA self-insured funds and their participants through a combination of hospital use surcharges and taxes …
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Cleveland State Law Review
The automobile insurance industry is up in arms after a decade of consumer friendly Ohio Supreme Court decisions. The insurance industry and commentators have noted the trend of judicial activism in interpreting insurance contracts. These decisions have been overwhelmingly in favor of consumers and against insurance companies. The Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is another consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts. This note walks through the Holt case, starting at the trial court level and working up through the Ohio …
Lovewell V. Physicians Insurance Co.: Personal Liability For Prejudgment Interest , Karin Mika
Lovewell V. Physicians Insurance Co.: Personal Liability For Prejudgment Interest , Karin Mika
Cleveland State Law Review
This article discusses the Ohio Supreme Court's decision in Lovewell by walking through the case from trial court to the final Supreme Court decision. The case raises many issues regarding the future of litigation involving parties who refuse to settle pursuant to a contractual right. Although, on the surface, it would appear that the court clarified what entity would ultimately be responsible for paying a prejudgment interest award, its failure to address other issues left open the potential for future litigation concerning the traditional relationship between the insurer and the insured. While Lovewell does not necessarily mean the death knell …
Physician Employment Under Managed Care: Toward A Retaliatory Discharge Cause Of Action For Hmo-Affiliated Physicians, Peter B. Jurgeleit
Physician Employment Under Managed Care: Toward A Retaliatory Discharge Cause Of Action For Hmo-Affiliated Physicians, Peter B. Jurgeleit
Indiana Law Journal
No abstract provided.
Legislative Powers, Court Of Appeals Blue Cross & Blue Shield V. Mccall
Legislative Powers, Court Of Appeals Blue Cross & Blue Shield V. Mccall
Touro Law Review
No abstract provided.
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien Hylton
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien Hylton
Fordham Urban Law Journal
The regulatory framework in which employee benefits products are marketed and consumed by individuals and groups seeking to reduce exposure to covered events which influences the way insurance products are developed. The paper examines the important role that various forms on insurance play in the total compensation of low wage employees, focusing in particular on disability and health insurance. In particular, the author seeks ways in which the applicable regulatory framework might be altered to improve access and coverage. The important aspect of state regulatory law is the growing tendency to impose mandates on insurers who wish to do business …
Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes
Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes
Kentucky Law Journal
No abstract provided.
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
The Medical Malpractice Crisis In Obstetrics: A Gestalt Approach To Reform, Elizabeth Swire Falker
Cardozo Journal of Equal Rights & Social Justice
The medical malpractice crisis in obstetrics has led to a decline in practicing obstetricians, particularly in high-risk and rural areas, disproportionately affecting disadvantaged women. This crisis is driven by high malpractice insurance premiums, defensive medicine practices, and poor physician-patient communication. The article proposes reforms, including the integration of certified nurse-midwives, improved communication strategies, and alternative compensation systems, to reduce litigation, stabilize insurance markets, and improve access to care.
Does Lack Of An Insurable Interest Preclude An Insurance Agent From Taking An Absolute Assignment Of His Client's Life Policy?, Johnny C. Parker
Does Lack Of An Insurable Interest Preclude An Insurance Agent From Taking An Absolute Assignment Of His Client's Life Policy?, Johnny C. Parker
University of Richmond Law Review
To understand any concept it helps to know the purposes it serves and the objectives it seeks to achieve. The maxim that one "must have an insurable interest in the life or property insured" has haunted insurance law for centuries. This doctrine conditions both the validity and enforceability of insurance contracts upon the existence of an insurable interest in the person who purchases the policy. The considerations which underlie the insurable interest requirement are generally expressed in terms of public policy: (1) against allowing wagering contracts; (2) against fostering temptation to destroy the insured property or life in an effort …
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien
Faculty Scholarship
The regulatory framework in which employee benefits products are marketed and consumed by individuals and groups seeking to reduce exposure to covered events creates a set of background rules. These rules influence the way in which insurance products are developed and impact the number of people who will enjoy the protection these insurance products afford. This means that every proposal to regulate an employment related insurance product likely will affect both the quality and quantity of insurance available to consumers. For example, over the past decade, as the public and professionally-interested parties have grappled with the insurance implications of the …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in year 1997.
Does Lack Of An Insurable Interest Preclude An Insurance Agent From Taking An Absolute Assignment Of His Client's Life Policy?, Johnny Parker
Does Lack Of An Insurable Interest Preclude An Insurance Agent From Taking An Absolute Assignment Of His Client's Life Policy?, Johnny Parker
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.