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Articles 1 - 30 of 58
Full-Text Articles in Insurance Law
Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin
Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin
University of Michigan Journal of Law Reform
Federal law requires that Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs) provide Medicare beneficiaries with specific grievance and appeal rights for challenging adverse decisions of these organizations. The Health Care Financing Administration (HCFA) is charged with enforcing these regulations. Currently, however, HCFA contracts with HMOs, allowing them to enroll Medicare beneficiaries despite the fact that many of the statutory and regulatory requirements are ignored by the Medicare HMOs. This is problematic because the elderly Medicare population may not be able to independently and adequately challenge the HMO's denial of care or reimbursement. Because HCFA has been reluctant and …
Insurance, Stephen L. Cotter, Charles M. Mcdaniel Jr.
Insurance, Stephen L. Cotter, Charles M. Mcdaniel Jr.
Mercer Law Review
During this survey period, Georgia appellate courts reviewed the usual number of insurance cases, fine-tuned policy terms and refined the insured/insurer relationship. One area of intense interest concerned limiting subrogation. Another area of interest involved the "limited release" used in uninsured motorist litigation. The Georgia General Assembly primarily focused on managed care, with litigation sure to follow as courts apply the remedial tools. Overall, insurers managed to enforce most adequately articulated policy terms and successfully avoided embarrassing and costly "bad faith" decisions through the timely use of declaratory judgment proceedings.
Splitting The Baby: Apportioning Environmental Liability Among Triggered Insurance Policies, Rebecca M. Bratspies
Splitting The Baby: Apportioning Environmental Liability Among Triggered Insurance Policies, Rebecca M. Bratspies
BYU Law Review
No abstract provided.
The Return Of The Crafty Genius: An Outline Of A Philosophy Of Precaution, François Ewald
The Return Of The Crafty Genius: An Outline Of A Philosophy Of Precaution, François Ewald
Connecticut Insurance Law Journal
No abstract provided.
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Connecticut Insurance Law Journal
No abstract provided.
Beyond Moral Hazard: Insurance As Moral Opportunity, Deborah A. Stone
Beyond Moral Hazard: Insurance As Moral Opportunity, Deborah A. Stone
Connecticut Insurance Law Journal
No abstract provided.
Bridging The Gap Between Life Insurer And Consumer In The Genetic Testing Era: The Rf Proposal, Christopher M. Keefer
Bridging The Gap Between Life Insurer And Consumer In The Genetic Testing Era: The Rf Proposal, Christopher M. Keefer
Indiana Law Journal
No abstract provided.
Sexual Malpractice And Professional Liability: Some Things They Don’T Teach In Medical School — A Critical Examination Of The Formative Case Law, David M. Lang
Connecticut Insurance Law Journal
No abstract provided.
Conference Report: A Conference For Latin American Regulators On International Financial Services Regulation
Connecticut Insurance Law Journal
No abstract provided.
Evidentiary Sufficiency In Insurance Bad Faith Suits, William T. Barker
Evidentiary Sufficiency In Insurance Bad Faith Suits, William T. Barker
Connecticut Insurance Law Journal
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Connecticut Insurance Law Journal
No abstract provided.
From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas
From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas
Connecticut Insurance Law Journal
No abstract provided.
The Governmental Composition Of The Insurance Costs Of Smoking, W. Kip Viscusi
The Governmental Composition Of The Insurance Costs Of Smoking, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The estimated health risks from smoking have significant external financial consequences for society. Studies at the national level indicate that cigarettes are self-financing since external costs such as those due to illnesses are offset by cost savings associated with premature death, chiefly pension costs. This paper extends this analysis to all 50 states and considers the costs considered in the state attorneys general suits against the cigarette industry. Cigarettes are always self-financing from the standpoint of costs to each state. The extent of the cost savings is less than at the federal level. However, smokers' higher medical costs are outweighed …
Self-Insurance As Insurance In Liability Policy "Other Insurance" Provisions, Rory A. Goode
Self-Insurance As Insurance In Liability Policy "Other Insurance" Provisions, Rory A. Goode
Washington and Lee Law Review
No abstract provided.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
The Influence Of Income Tax Rules On Insurance Reserves, David F. Bradford, Kyle D. Logue
The Influence Of Income Tax Rules On Insurance Reserves, David F. Bradford, Kyle D. Logue
Book Chapters
An insurance company is a financial intermediary whose main line of business is the sale of a particular type of contingent contract, called an insurance policy. Under this contract, the insurer promises to pay some amount to the policyholder, or to some other beneficiary, following the occurrence of an insured event. In the context of property-casualty insurance, the relevant insured events include, for example, the accidental destruction of the insured's property or the award of a liability judgment against the insured. In return for this promise the insured pays the insurer a premium. The premium and the earnings on the …
Managed Care Regulation: Can We Learn From Others? The Chilean Experience, Timothy Stoltzfus Jost
Managed Care Regulation: Can We Learn From Others? The Chilean Experience, Timothy Stoltzfus Jost
University of Michigan Journal of Law Reform
Because the United States relies on private insurance for financing health care to a much greater degree than do other nations, and because managed care as a form of private insurance is further developed in the United States than elsewhere, it is arguable that we have little to learn from other nations about managed care regulation. This Article tests this hypothesis with respect to Chile, a country where private insurance is widespread and managed care is emerging. It concludes that by studying the experience of other nations we might gain a larger perspective on the context of our concerns in …
Managed Care- The First Chapter Comes To A Close, Sallyanne Payton
Managed Care- The First Chapter Comes To A Close, Sallyanne Payton
University of Michigan Journal of Law Reform
Introduction to the symposium, Managed Care: What's the Prognosis: Managing Care in the Next Century.
Clearing The Way For An Effective Federal-State Partnership In Health Reform, Eleanor D. Kinney
Clearing The Way For An Effective Federal-State Partnership In Health Reform, Eleanor D. Kinney
University of Michigan Journal of Law Reform
At century's end, states have assumed a very different role in the design, implementation, and operation of health service programs than they did twenty-five years ago. In the current volatile political atmosphere particularly at the federal level, states have taken up the mantle of healthcare reform in the final years of the 1990s. Yet there remain problems and difficulties with the current federal-state relationship in health reform. The critical question is whether states can successfully accomplish genuine reform given its politically charged, complex and costly nature. This question takes on particular significance for the most important reform-expanding coverage to the …
The Competitive Impact Of Small Group Health Insurance Reform Laws, Mark A. Hall
The Competitive Impact Of Small Group Health Insurance Reform Laws, Mark A. Hall
University of Michigan Journal of Law Reform
This Article reports on findings from an extensive study of small group health insurance market reforms in seven states, enacted during the early 1990s. After summarizing the content and purpose of these reforms, this evaluation focuses on the impact these reforms have had on the nature and degree of market competition. The principal findings are: (1) small group health insurance markets are highly competitive, both in price and in product innovation and diversity; (2) although some insurers have left some or all of these states in part because of these reforms, an ample number of active competitors remain, even in …
Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito
Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito
Continuing Legal Education Materials
Materials from the Computer Law Institute held by UK/CLE in May 1999.
Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern
Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern
Cardozo Law Review
No abstract provided.
Insurance Regulation In The United States: Regulatory Federalism And The National Association Of Insurance Commissioners, Susan Randall
Insurance Regulation In The United States: Regulatory Federalism And The National Association Of Insurance Commissioners, Susan Randall
Florida State University Law Review
No abstract provided.
Excusing Nonoccurrence Of Insurance Policy Conditions In Order To Avoid Disproportionate Forfeiture: Claims–Made Formats As A Test Case, Bob Works
Connecticut Insurance Law Journal
No abstract provided.
Why Arkansas Should Overturn Its Anti-Stacking Precedent: A Look At Aggregating Uninsured And Underinsured Motorist Coverage, Neil Chamberlin, J. Stephen Holt
Why Arkansas Should Overturn Its Anti-Stacking Precedent: A Look At Aggregating Uninsured And Underinsured Motorist Coverage, Neil Chamberlin, J. Stephen Holt
University of Arkansas at Little Rock Law Review
No abstract provided.
It’S Better To Have Twelve Monkeys Chasing You Than One Gorilla: Humana V. C. Forsyth, The Mccarran–Ferguson Act, Rico, And Deterrence, Eric Beal
Connecticut Insurance Law Journal
No abstract provided.
Home Liability Coverage: Does The Criminal Acts Exclusion Work Where The “Expected Or Intended” Exclusion Failed?, Daniek E. Eidsmoe, Pamela K. Edwards
Home Liability Coverage: Does The Criminal Acts Exclusion Work Where The “Expected Or Intended” Exclusion Failed?, Daniek E. Eidsmoe, Pamela K. Edwards
Connecticut Insurance Law Journal
No abstract provided.
From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas
From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas
Connecticut Insurance Law Journal
No abstract provided.
Imagining Insurance Risk, Thrift And Industrial Life Insurance In Britain, Pat O'Malley
Imagining Insurance Risk, Thrift And Industrial Life Insurance In Britain, Pat O'Malley
Connecticut Insurance Law Journal
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Connecticut Insurance Law Journal
No abstract provided.