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Insurance Law Commons™

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2003

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Institution
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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 Dec 2003

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 Dec 2003

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 Nov 2003

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 Oct 2003

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 Oct 2003

From The Journals: Insurance Law Abstracts, Dorothy Puzio

Connecticut Insurance Law Journal

No abstract provided.


Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz Oct 2003

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 Oct 2003

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 Oct 2003

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 Oct 2003

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 Oct 2003

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 Oct 2003

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 Oct 2003

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 Oct 2003

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 Aug 2003

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 Jul 2003

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 May 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

The Lawlessness Of Arbitration, Kenneth S. Abraham, J.W. Montgomery Iii

Connecticut Insurance Law Journal

No abstract provided.


Catastrophes, Liability And Insurance, Christian Lahnstein Apr 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Apr 2003

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 Mar 2003

Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum

Cardozo Law Review

No abstract provided.


Which Chance Was Lost?, Jonathan Koehler Jan 2003

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 Jan 2003

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 Jan 2003

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.