Insurance Law Commons^™

The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin

Cardozo Law Review

No abstract provided.

"To Sue Or Not To Sue": The Past, Present And Future Of Construction Defect Litigation In Nevada, Robert J. Aalberts

Nevada Law Journal

No abstract provided.

Tangible Cash For An Intangible Loss? Insurance Coverage For Damage Or Loss Or Third-Party Data, Kendall Bodden

Washington Journal of Law, Technology & Arts

Will general business insurance cover liability for electronic data loss? A recent change to Commercial General Liability language specifies that data is not “tangible property” for CGL coverage. However, many companies may still be covered by older policies that do not contain this express exclusion. Case law interpreting the older policy language tends to deny coverage for the lost data itself, but successful claims have been made based on the loss of use of hardware caused by a data loss.

Taking One For The Team: Should Colleges Be Liable For Injuries Occurring During Student Participation In Club Sports?, Nick White

Vanderbilt Journal of Entertainment & Technology Law

Since the 1970s, colleges have not been liable for their adult students' actions or injuries, but courts have since delineated many exceptions to this rule. This Note will analyze the effect of college involvement in club sports as to whether it creates a duty for a college to protect its club athletes and those they might injure. This Note will also examine whether such a duty might exist in the future if the current trends in the law and college policy continue unchecked. Finally, this Note will address the effectiveness of the current defenses to liability and the effect of …

Erisa: State Regulation Of Insured Plans After Davila, 38 J. Marshall. L. Rev. 693 (2005), Donald T. Bogan

UIC Law Review

No abstract provided.

Section 409a-Treasury "Newspeak" Lost In The "Briar Patch", 38 J. Marshall L. Rev. 743 (2005), Richard Ehrhart

UIC Law Review

No abstract provided.

Follow The Money: Erisa Plan Investments In Mutual Funds And Insurance, 38 J. Marshall L. Rev. 867 (2005), Nell Hennessy

UIC Law Review

No abstract provided.

When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer

UIC Law Review

No abstract provided.

Use Of Colossus To Measure The General Damages Of A Personal Injury Claim Demonstrates Good Faith Claims Handling, Dawn R. Bonnett

Cleveland State Law Review

Because the law of bad faith is the most volatile of the causes of action, this Note will discuss how using Colossus demonstrates good faith claims handling by insurance companies. Initially, this Note will discuss how Colossus works so readers have an understanding of the product. Following the Colossus section, the Note will discuss the history of bad faith. Finally, this Note will analyze how Colossus assists insurers in meeting the different good faith standards across the nation.

Can The Injured Pet Owner Look To Liability Insurance For Satisfaction Of A Judgment? The Coverage Implications Of Damages For The Injury Or Death Of A Companion Animal, Mark Sadler

Animal Law Review

Much has been written in recent years regarding the important role pets play in our society and the legal consequences that have developed from that relationship. Both our courts and legislatures have recognized, in certain circumstances, the ability of a pet owner to recover from a wrongdoer in the event of negligent or intentional conduct that results in the death or injury of a companion animal. However, securing a damages award and recovering on a judgment secured may present the aggrieved pet owner with two entirely different challenges. Liability insurance coverage is critical to the latter concern. This paper provides …

Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers

Seattle University Law Review

This article introduces the reader to disability insurance in Part II. Part III examines how ERISA is a mixture of different law and how that mixture led to discretionary clauses being inserted and the re- suiting severe conflicts of interest. Part IV looks at <em>Firestone Tire & Rubber Co. v. Bruch</em>, the seminal ERISA case on conflicts of interest. Part V examines the contributions that the Ninth Circuit has made to ERISA conflict of interest law. Part VI discusses scope of review and discovery and Part VII concludes that insurers should be strictly regulated in ERISA plans.

Erisa: No Further Inquiry Into Conflicted Plan Administrator Claim Denials, Donald T. Bogan, Benjamin Fu

Faculty Articles

No abstract provided.

Foreword: The State Of America’S Health Care System, Tommy G. Thompson

William Mitchell Law Review

Thanks to technology, innovation, and creative entrepreneurs, Americans in the twenty-first century enjoy a wide variety of products and services that would astonish previous generations. Many of these innovations allow them to prevent, treat, cure, and recover from serious injuries and diseases that were once fatal. While medical knowledge and technology have surged ahead, some parts of the health care industry are still struggling to catch up. These include the ability to keep patient records up to date, prevent medical errors, and compensate patients promptly and fairly when errors do occur. The U.S. Department of Health and Human Services continues …

Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine

UIC Law Review

No abstract provided.

Public Medical Malpractice Insurance: An Analysis Of State-Operated Patient Compensation Funds, Frank A. Sloan, Carrie A. Mathews, Christopher J. Conover, William M. Sage

Faculty Scholarship

Compared to major tort and insurance reforms, PCFs have received virtually no attention by scholars. With an exception or two, they are not a major focus of public policy debate either. Because they are small organizations and there have been lengthy periods in which medical malpractice markets are quiescent, they have not attracted much scrutiny. Given a lack of quantitative evidence, our evaluation depended on qualitative evidence. Yet PCFs address the fundamental issues of medical malpractice that have led to reoccurring crises in the availability of medical malpractice insurance coverage and in its premiums for such coverage. As such, PCFs …

Medical Malpractice Insurance And The Emperor's Clothes, William M. Sage

Faculty Scholarship

Tom Baker and Mark Geistfeld's contributions to this Symposium offer detailed and persuasive analyses of medical malpractice insurance. Their principal contribution to the malpractice reform debate, however, is simple: confirming that liability insurers should not be left to their own devices between malpractice crises or appeased during crisis periods. Instead, liability insurance must be consciously designed to help the health care system work toward its core goals of high quality, broad access, and affordable cost.

In 2000, the IOM issued a follow-up report to its earlier indictment of medical error, calling upon the health care system to become safe, effective, …

Tax Law Uncertainty And The Role Of Tax Insurance, Kyle D. Logue

Articles

In the broadest sense, this is an article about legal or regulatory uncertainty and the role that private and public insurance can play in managing it. More narrowly, the article is about tax law enforcement and the familiar if ill-defined distinctions between tax evasion, tax avoidance, and abusive tax avoidance. Most specifically, the article is about a new type of tax risk insurance policy, sometimes called tax indemnity insurance or transactional tax risk insurance that provides coverage against the risk that the Internal Revenue Service (Service) will disallow a taxpayer-insured's tax treatment of a particular transaction. The question is whether …

The Insurable Interest Requirement For Life Insurance: A Critical Reassessment, Peter N. Swisher

Law Faculty Publications

The purpose of this Article is to critically reassess the insurable interest requirement in life insurance coverage disputes in light of the present needs of contemporary American society, including analysis of: (1) legal interpretations and underlying public policy rationales supporting such an insurable interest; (2) who is legally entitled to an insurable interest in the life of another; (3) when an insurable interest must exist; (4) when an insurable interest is-or should be-extinguished; (5) who may challenge the lack of an insurable interest; (6) whether an insurable interest in life insurance is subject to waiver or estoppel defenses; and (7) …

Erisa: State Regulation Of Insured Plans After Davila, Donald T. Bogan

Faculty Articles

No abstract provided.

In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney

NYLS Law Review

No abstract provided.

Coverage Of Reproductive Technologies Under Employer-Sponsored Health Care Plans, Elizabeth Pendo

Articles

The federal courts have issued two important decisions regarding non-discriminatory insurance coverage of conditions and treatments associated with sex, disability or both, such as prescription contraception and infertility treatment. Cases like Erickson and Saks are important because, as ERISA scholars know, state law mandates regarding coverage are unlikely to lead to uniform results due to the structure of ERISA's preemption provisions, and none of the federal proposals addressing infertility treatment or prescription contraception have been enacted to date.

What I would like to do is outline the impact of ERISA in this area, and offer some thoughts on one of …

Telling Stories About Health Insurance: Using New Films In The Classroom, Elizabeth Pendo

Articles

In keeping with the theme of "The Mass Media's Influence on Health Law and Policy," this essay is designed to share my experience using clips from three recent popular films as a method of enhancing coverage and discussion of legal and policy issues surrounding the private health insurance system, and to provide some practical advice for others interested in doing the same. It builds upon a presentation that I gave along with Professors Timothy S. Hall and Ross D. Silverman at the 2004 Health Law Teachers Conference entitled "Health Law, Policy and Media," and was inspired by Professor Paul Bergman's …

Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Turning From Damage Caps To Information Disclosure: An Alternative To Tort Reform, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Medical malpractice damage caps are among the most popular instruments of tort reform at the state level. The Bush administration proposed a federal damage cap on non-economic damages to quell the rise of medical malpractice insurance premiums despite the paucity of empirical evidence demonstrating that damage caps actually decrease premiums. This case study argues that imposing statutory caps on medical malpractice damages is not an effective method of remedying the medical malpractice insurance crisis: therefore, policymakers should consider alternatives to damage caps. In particular, evidence suggests that implementing mandatory disclosure of the contract terms between managed care organizations and physicians …