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Articles 1 - 30 of 52
Full-Text Articles in Insurance Law
Insurance, Stephen L. Cotter, Stephen M. Schatz, Bradley S. Wolff
Insurance, Stephen L. Cotter, Stephen M. Schatz, Bradley S. Wolff
Mercer Law Review
Extra-contractual issues continue to percolate in the insurance arena. The Georgia Supreme Court resettled the law enforcing contractual suit limitations and created a "safe harbor" for an insurer faced with demands conditioned on terms beyond an insurer's control. The Supreme Court of the United States, in reversing a nine-digit punitive award, laid down "bright-line," conservative rules regulating punitive considerations in extra-contractual and other situations.
Retaining The Debtor's Attorney: Preemption Of Voidable Preference Law By Section 329(B), Ilana Kameros Chalfin
Retaining The Debtor's Attorney: Preemption Of Voidable Preference Law By Section 329(B), Ilana Kameros Chalfin
Cardozo Law Review
No abstract provided.
Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage
Managed Care’S Crimea: Medical Necessity, Therapeutic Benefit, And The Goals Of Administrative Process In Health Insurance, William M. Sage
Faculty Scholarship
This Essay explores the concept of medical necessity as it has evolved in the judicial and administrative oversight of managed care. The goals of the Essay are to illustrate the range of plausible rationales for establishing administrative procedures to govern medical necessity disputes, and to demonstrate the difficulty of incorporating into those procedures the most important professional and social responsibilities of managed care in today’s health care system. Part I of the Essay explains the ideological and practical significance of medical necessity as managed care has evolved. Part II examines medical necessity as a legal problem, and questions whether current …
The Revolution Of The Times: Recent Changes In U.K. Insurance Insolvency Laws And The Implications Of Those Changes Viewed From A U.S. Perspective, William Goddard
The Revolution Of The Times: Recent Changes In U.K. Insurance Insolvency Laws And The Implications Of Those Changes Viewed From A U.S. Perspective, William Goddard
Connecticut Insurance Law Journal
No abstract provided.
From The Journals: Insurance Law Abstracts, Dorothy Puzio
From The Journals: Insurance Law Abstracts, Dorothy Puzio
Connecticut Insurance Law Journal
No abstract provided.
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Connecticut Insurance Law Journal
No abstract provided.
Peace And Insurance: Recovering The Utopian Vision Of Insurance In Royce's War And Insurance, Jonathan Simon
Peace And Insurance: Recovering The Utopian Vision Of Insurance In Royce's War And Insurance, Jonathan Simon
Connecticut Insurance Law Journal
No abstract provided.
Farm Bureau Mutual Insurance Company V. Kurtenbach: Choosing The Road Less Traveled In Interpreting Motor Vehicle Exclusions In Farm Comprehensive Liability Policies, Gregory O. Nies
Connecticut Insurance Law Journal
No abstract provided.
A 21st Century Symposium On Josiah Royce's War And Insurance, Tom Baker
A 21st Century Symposium On Josiah Royce's War And Insurance, Tom Baker
Connecticut Insurance Law Journal
No abstract provided.
Postnational Insurance On The Eve Of Destruction, Timothy Alborn
Postnational Insurance On The Eve Of Destruction, Timothy Alborn
Connecticut Insurance Law Journal
No abstract provided.
War, Insurance And Some Problems Of Community, Carol Weisbrod
War, Insurance And Some Problems Of Community, Carol Weisbrod
Connecticut Insurance Law Journal
No abstract provided.
Trademark Law And The Cgl: The Race Between Infringement Liability And Its Reluctant Insurance Coverage, Jennifer S. Janik
Trademark Law And The Cgl: The Race Between Infringement Liability And Its Reluctant Insurance Coverage, Jennifer S. Janik
Connecticut Insurance Law Journal
No abstract provided.
War And Insurance, Josiah Royce
War And Insurance, Josiah Royce
Connecticut Insurance Law Journal
No abstract provided.
The Value Of A Statistical Life: A Critical Review Of Market Estimates Throughout The World, W. Kip Viscusi, Joseph E. Aldy
The Value Of A Statistical Life: A Critical Review Of Market Estimates Throughout The World, W. Kip Viscusi, Joseph E. Aldy
Vanderbilt Law School Faculty Publications
A substantial literature over the past thirty years has evaluated tradeoffs between money and fatality risks. These values in turn serve as estimates of the value of a statistical life. This article reviews more than 60 studies of mortality risk premiums from ten countries and approximately 40 studies that present estimates of injury risk premiums. This critical review examines a variety of econometric issues, the role of unionization in risk premiums, and the effects of age on the value of a statistical life. Our meta-analysis indicates an income elasticity of the value of a statistical life from about 0.5 to …
Making The Health Insurance Flexibility And Accountability (Hifa) Waiver Work Through Collaborative Governance, Barbara Zabawa
Making The Health Insurance Flexibility And Accountability (Hifa) Waiver Work Through Collaborative Governance, Barbara Zabawa
Faculty Works
This article examines the Health Insurance Flexibility and Accountability (HIFA) waiver introduced in 2001, focusing on its potential as a tool for collaborative governance in expanding health insurance coverage. The HIFA waiver grants states greater programmatic flexibility and encourages public-private partnerships, aiming to address the complex challenges of uninsured populations. Although the waiver has been criticized for possibly reducing benefits and increasing cost-sharing, the paper argues for its use as a vehicle to foster stakeholder collaboration. It highlights the importance of integrating diverse perspectives to design politically and economically viable health reforms. Challenges such as stakeholder engagement, accountability, and resource …
Insuring Against Terrorism And Crime, Saul Levmore, Kyle D. Logue
Insuring Against Terrorism And Crime, Saul Levmore, Kyle D. Logue
Law & Economics Working Papers Archive: 2003-2009
The attacks of September 11th produced staggering losses of life and property. They also brought forth substantial private insurance payouts, as well as federal relief for the City of New York and for the families of individuals who perished on that day. The losses suffered in and after the attacks, and the structure of the relief effort, have raised questions about the availability of insurance against terrorism, the role of government in providing for, subsidizing, or ensuring the presence of such insurance, and the interaction between relief and the incentives for future precaution taking. In response to such losses, and …
From The Journals: Insurance Law Abstracts, Tatiana Connolly
From The Journals: Insurance Law Abstracts, Tatiana Connolly
Connecticut Insurance Law Journal
No abstract provided.
Life Insurance Risk Classification: Finding The Boundary Between Antitrust And Unfair Discrimination, J. Daniel Perkins
Life Insurance Risk Classification: Finding The Boundary Between Antitrust And Unfair Discrimination, J. Daniel Perkins
Connecticut Insurance Law Journal
No abstract provided.
In Between The Trenches: The Jurisdictional Conflict Between A Bankruptcy Court And A State Insurance Receivership Court, William Goddard
In Between The Trenches: The Jurisdictional Conflict Between A Bankruptcy Court And A State Insurance Receivership Court, William Goddard
Connecticut Insurance Law Journal
No abstract provided.
The Lawlessness Of Arbitration, Kenneth S. Abraham, J.W. Montgomery Iii
The Lawlessness Of Arbitration, Kenneth S. Abraham, J.W. Montgomery Iii
Connecticut Insurance Law Journal
No abstract provided.
Catastrophes, Liability And Insurance, Christian Lahnstein
Catastrophes, Liability And Insurance, Christian Lahnstein
Connecticut Insurance Law Journal
No abstract provided.
Containing The Promise Of Insurance: Adverse Selection And Risk Classification, Tom Baker
Containing The Promise Of Insurance: Adverse Selection And Risk Classification, Tom Baker
Connecticut Insurance Law Journal
No abstract provided.
The Antitrust Implications Of Collaborative Standard Setting By Insurers Regarding The Use Of Genetic Information In Life Insurance Underwriting, Robert H. Jerry Ii
The Antitrust Implications Of Collaborative Standard Setting By Insurers Regarding The Use Of Genetic Information In Life Insurance Underwriting, Robert H. Jerry Ii
Connecticut Insurance Law Journal
No abstract provided.
The Foreign Irrevocable Life Insurance Trust As Asset Protection: Potential For Abuse And Suggestions For Reform, Richard Lewis
The Foreign Irrevocable Life Insurance Trust As Asset Protection: Potential For Abuse And Suggestions For Reform, Richard Lewis
Connecticut Insurance Law Journal
No abstract provided.
Holding Liability Insurers Accountable For Bad Faith Litigation Tactics With The Tort Of Abuse Of Process, Francis J. Mootz Iii
Holding Liability Insurers Accountable For Bad Faith Litigation Tactics With The Tort Of Abuse Of Process, Francis J. Mootz Iii
Connecticut Insurance Law Journal
No abstract provided.
Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig
Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig
Cardozo Law Review
No abstract provided.
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Cardozo Law Review
No abstract provided.
Which Chance Was Lost?, Jonathan Koehler
Which Chance Was Lost?, Jonathan Koehler
Faculty Working Papers
The loss of chance doctrine in medical malpractice cases holds that when a doctor is responsible for reducing a patient's chance of survival by some percentage, the patient (or the patient's estate) should be compensated by the doctor for that percentage loss. Compensation is often determined by multiplying the value of a patient's life by the lost chance. This paper investigates psychological factors that my affect a legal decision maker's evaluation of damage awards in loss of chance cases. A paper and pencil experiment and a large-scale mock jury study (the latter using videotaped trials) are conducted to investigate the …
Impossible, Impracticable, Or Just Expensive? Allocation Of Expense Of Ancillary Risk In The Cmbs Market, 36 J. Marshall L. Rev. 653 (2003), Georgette Chapman Poindexter
Impossible, Impracticable, Or Just Expensive? Allocation Of Expense Of Ancillary Risk In The Cmbs Market, 36 J. Marshall L. Rev. 653 (2003), Georgette Chapman Poindexter
UIC Law Review
No abstract provided.
A Bermuda Triangle In The Tripartite Relationship: Ethical Dilemmas Raised By Insurers' Billing And Litigation Management Guidelines, Amy S. Moats
West Virginia Law Review
No abstract provided.