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Articles 31 - 47 of 47
Full-Text Articles in Insurance Law
., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson
., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson
Faculty Articles and Papers
In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot "leave home without it." This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court's subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary …
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Indiana Law Journal
No abstract provided.
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
UF Law Faculty Publications
This article examines the theoretical justification for the insurer's asserted right to reimbursement of defense costs incurred in defending noncovered claims. It sketches some details about the duty to defend which are necessary prerequisites to exploring any claim to a right of reimbursement. It discusses the rationale offered by most courts and commentators for recognizing the right to reimbursement: under the law of restitution, the insurer who defends a noncovered claim bestows a benefit on the policyholder which, in justice, ought to be returned. The article offers an alternative justification; it explains that the insurer's right should be analyzed in …
Insurance And The Utopian Idea, Carol Weisbrod
Insurance And The Utopian Idea, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Avoiding The Intentional Acts Exclusion In Casualty Insurance, Greg Munro
Avoiding The Intentional Acts Exclusion In Casualty Insurance, Greg Munro
Faculty Journal Articles & Other Writings
This article examines public policy that forbids the use of insurance to indemnify willful wrongdoing by an insured. The article notes that this policy against insuring the intentional wrongdoer is expressed in casualty insurance policies in which the basic insuring agreements restrict coverage to an "occurrence" which is defined in the policies as an "accident." The article discusses the importance of knowing how to plead and develop the facts so that the claim comes within the coverage of an "occurrence" so as to avoid the intentional acts exclusion of the policy.
Development And Status Of Insurance Bad Faith In Montana, Greg Munro
Development And Status Of Insurance Bad Faith In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article outlines the development of the tort of bad faith as it applies to insurance in Montana ending with particular attention to the issue of the existence now of bad faith tort outside the Unfair Claim Settlement Practices Act. The article concludes that the tort of insurance bad faith and the attendant potential for punitive damages are potent weapons in the fight to make insurance companies honor their promises and duties to claimants and insureds.
Securing Insurance Coverage Of Medical Expense And Avoiding Subrogation, Greg Munro
Securing Insurance Coverage Of Medical Expense And Avoiding Subrogation, Greg Munro
Faculty Journal Articles & Other Writings
This article explores some of the law that will control issues encountered in pursuing payment of medical expenses under insurance policies and programs. The article concludes that attorneys must analyze the situation in light of statutes and case law and utilize useful techniques for avoiding the insurer's subrogation, offsets and limitations when making claims to secure payment of medical expenses.
The "Household" Or "Family" Exclusion In Auto Policies, Greg Munro
The "Household" Or "Family" Exclusion In Auto Policies, Greg Munro
Faculty Journal Articles & Other Writings
This article examines the household or family exclusion in casualty policies and how the Montana Supreme Court has responded to challenges to the exclusion. The article concludes that if attorneys adequately prepare the challenge, the courts in Montana will scrutinize the exclusion carefully.
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Richmond Journal of Global Law & Business
Sophisticated planning for the high net-worth United States citizens often includes the use of offshore variable life insurance. Such leading edge planning is accomplished through structures that provide income, gift, estate, and generation-skipping transfer tax planning not available domestically. In addition to providing sophisticated tax and estate planning benefits, variable life insurance policies issued by foreign-based carriers have numerous economic advantages.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts
Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts
Villanova Law Review (1956 - )
No abstract provided.
A Realistic Consensus Approach To The Insurance Law Doctrine Of Reasonable Expectations, Peter N. Swisher
A Realistic Consensus Approach To The Insurance Law Doctrine Of Reasonable Expectations, Peter N. Swisher
Law Faculty Publications
This article's fundamental premise is that, over the past three decades, despite all the debate and confusion surrounding the underlying theory and practice of the insurance law doctrine of reasonable expectations, a modem consensus approach has finally emerged within the academic community and the courts and among insurance law practitioners involving a realistic and viable application of the doctrine to the needs of contemporaryground" synthesis of traditional, objective, and contractually based reasonable expectations principles grafted onto elements of the more modem Keeton formulation of the doctrine. Moreover, this realistic consensus approach to the doctrine of reasonable expectations is both theoretically …
Department Of Insurance, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, J. D. Fellmeth
Department Of Insurance, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Securitizing Insurance Risks, Tamar Frankel, Joseph W. Laplume
Securitizing Insurance Risks, Tamar Frankel, Joseph W. Laplume
Faculty Scholarship
This Article analyzes and evaluates the legal problems that have arisen in connection with this rapidly developing insurance risk securitization. The first part of the Article deals with legal issues concerning the SPVs that undertake insurance and reinsurance contracts with ceding insurers and the other parties to the transaction. The Article addresses the dilemma in choosing the laws applicable to SPVs, the bonds they issue, and the persons and entities that form part of the securitization transaction. These laws involve state insurance laws, bankruptcy and tax laws, the Investment Company Act of 1940 and the Commodity Exchange Act of 1934, …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.