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Articles 61 - 90 of 92
Full-Text Articles in Insurance Law
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 …
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Environmental Insurance: Does It Defy The Rules, Amanda Leiter
Environmental Insurance: Does It Defy The Rules, Amanda Leiter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa
Breaking Through The Erisa Blockade: The Ability Of States To Access Employer Health Plan Information In Medicaid Expansion Initiatives, Barbara Zabawa
Faculty Works
The article discusses the challenges and potential solutions for states to access employer health plan information under the constraints of the Employment Retirement Income Security Act (ERISA) of 1974. It focuses on the importance of such access in supporting Medicaid expansion programs, using Wisconsin’s BadgerCare initiative as a case study. The article highlights the growing concern about "crowd out," where public health programs may displace employer-sponsored insurance, and argues for balanced public-private health coverage. It examines legal avenues for circumventing ERISA preemption, including federal law exceptions, Qualified Medical Child Support Orders (QMCSOs), and provisions under Title XIX of Medicaid. By …
The "Access" Problem: How Employee And Employer Issues May Increase Badgercare Participation By Impeding The Verification Process, Barbara Zabawa
The "Access" Problem: How Employee And Employer Issues May Increase Badgercare Participation By Impeding The Verification Process, Barbara Zabawa
Faculty Works
In its effort to be a welfare reform pioneer, Wisconsin has led the nation in adopting one of the most expansive public health insurance programs, "BadgerCare," to address the health care needs of working families in the post-welfare reform era. One year after BadgerCare implementation, Wisconsin is experiencing the fiscal impact of the program due to unexpectedly high enrollment in BadgerCare. While some Wisconsin leaders praise this growth rate for reducing the number of uninsured, others raise a concern that the enrollment figures may be rising due to employees opting for BadgerCare rather than employer-sponsored insurance. Consequently, this "crowd-out" effect …
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers
Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers
Cardozo Law Review
This issue of the Cardozo Law Review is graced with original contributions about three fundamental problems in evidence scholarship and the law of evidence. First, in an exchange of views about legal remedies for the wrongful infliction of "evidential damage," Professors Ariel Porat and Alex Stein, on the one hand, and Professor Richard Friedman, on the other, touch on some of the difficulties that are associated with the nearly oxymoronic task of measuring the harm done by the destruction or loss of unknown evidence. Second, in an article about the relationship between estimation of drug quantities and burdens of proof, …
West Virginia's Automobile Insurance Policy Laws: A Practitioner's Guide, Thomas C. Cady, Christy Hardin Smith
West Virginia's Automobile Insurance Policy Laws: A Practitioner's Guide, Thomas C. Cady, Christy Hardin Smith
West Virginia Law Review
No abstract provided.
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Cardozo Law Review
The unprecedented number of bank failures in the past several years has spawned a crisis in the industry and fueled an extensive debate about how federal regulators can effectively make banks more responsible for guaranteeing the soundness of their operations. For the federal regulators most involved-the Federal Deposit Insurance Corporation ("FDIC"), Office of Thrift Supervision ("OTS"), and the Federal Reserve Board ("FRB") -Congress is directing the effort to enhance the banks' guarantees of self-policing. Congress's basic response to the crisis has been to heighten the minimum capital levels the banks must maintain to avoid direct corrective intervention by the federal …
Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth J. Samuels
Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth J. Samuels
Cardozo Law Review
In a deft parody of conventional education-inspired by a vote to put a school system on a year-round schedule-the parodist purports to have unearthed a letter from Huck Finn to Tom Sawyer's aunt, Mrs. Phelps. In the letter, Huck reports on a productive summer spent in school, studying long hours and earning high grades.
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Villanova Law Review (1956 - )
No abstract provided.
Insurance Coverage For Wrongful Employment Practices, Douglas R. Richmond
Insurance Coverage For Wrongful Employment Practices, Douglas R. Richmond
Oklahoma Law Review
No abstract provided.
Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell
Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell
Cardozo Law Review
Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …
The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey
The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey
William & Mary Environmental Law and Policy Review
No abstract provided.
Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer
Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer
Faculty Publications
No abstract provided.
Stories And Numbers, John Leubsdorf
Confronting Deep Strictures: Robinson, Rickey, And Racism, Aviam Soifer
Confronting Deep Strictures: Robinson, Rickey, And Racism, Aviam Soifer
Cardozo Law Review
A strange and wonderful major league event in 1947 altered baseball and, perhaps, the consciousness of America. Viewed from a Critical Legal Studies perspective, however, that event-the integration of the National League by Jackie Robinson-is both more and less significant than it might otherwise seem. In this essay, Professor Soifer explains why.
Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert
Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert
Cardozo Law Review
No abstract provided.
Retreat From The Right To Health Care: The President's Commission And Access To Health Care, John D. Arras
Retreat From The Right To Health Care: The President's Commission And Access To Health Care, John D. Arras
Cardozo Law Review
No abstract provided.
Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes
Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes
Scholarly Works
The purpose of this essay is to suggest an analytic framework for solving a recurrent insurance problem which springs from what might be called an "evidentiary condition." These conditions can be found in most classes of insurance policies. The immodest purpose of this modest essay is to devise a line of analysis which resolves the problems raised by evidentiary conditions and affords sensitivity and protection to all the competing interests in an insurance contract. The proffered solution, which I label the doctrine of evidentiary conditions, may furnish a doctrinal bridge for reconciling the two disparate contract schools.
Changing A Life Beneficiary By Will, Thomas C. Clark
Changing A Life Beneficiary By Will, Thomas C. Clark
William & Mary Law Review
No abstract provided.
Federal Interpleader - Availability Of Interpleader To Liability Insurer Before Claims Have Been Reduced To Judgments, Underwriters At Lloyd's V. Nichols, 363 F.2d 357 (8th Cir. 1966), F. Prince Butler
William & Mary Law Review
No abstract provided.
Allocation Of Loss And Property Insurance, John C. Mccoid Ii
Allocation Of Loss And Property Insurance, John C. Mccoid Ii
Indiana Law Journal
No abstract provided.
Book Reviews, Henry J. Friendly, Robert B. Mckay, Allan H. Mccoid, Spencer I. Kimball, Wylie H. Davis
Book Reviews, Henry J. Friendly, Robert B. Mckay, Allan H. Mccoid, Spencer I. Kimball, Wylie H. Davis
Journal of Legal Education
No abstract provided.
Doctrine Of Imputed Knowledge, P. F. Henderson
Doctrine Of Imputed Knowledge, P. F. Henderson
South Carolina Law Review
No abstract provided.
The Awarding Of Punitive Damages For Breach Of Insurance Contracts In South Carolina, Hugh C. Howser
The Awarding Of Punitive Damages For Breach Of Insurance Contracts In South Carolina, Hugh C. Howser
South Carolina Law Review
No abstract provided.
Insurance--Effect Of Legal Execution Of Insured For Crime, Herschel H. Rose Jr.
Insurance--Effect Of Legal Execution Of Insured For Crime, Herschel H. Rose Jr.
West Virginia Law Review
No abstract provided.