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Articles 1111 - 1140 of 3228
Full-Text Articles in Insurance Law
Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Benjamin Schwarcz
Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Benjamin Schwarcz
Law & Economics Working Papers
Insurance companies are in the business of discrimination. Insurers attempt to segregate insureds into separate risk pools based on their differences in risk profiles, first, so that they can charge different premiums to the different groups based on their risk and, second, to incentivize risk reduction by insureds. This is why we let insurers discriminate. There are, however, limits to the types of discrimination we will allow insurers to engage in. But what exactly are those limits and how are they justified? To answer these questions, this Article articulates the leading fairness and efficiency arguments for and against limiting insurers’ …
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Enough About The Constitution: How States Can Regulate Health Insurance Under The Aca, Brendan S. Maher, Radha A. Pathak
Enough About The Constitution: How States Can Regulate Health Insurance Under The Aca, Brendan S. Maher, Radha A. Pathak
Faculty Scholarship
Last term, the United States Supreme Court upheld the constitutionality of the Affordable Care Act in a landmark decision. It is a forceful reminder that America’s oldest question — how power should be shared between federal and state sovereigns — retains powerful political salience. Critics have reflexively attacked the decision as an assault on states’ rights, while supporters have celebrated the result. Regrettably, insufficient attention has been paid to how, in actuality, health care regulatory authority has been and will be divided between federal and state governments. In this Article, we fill that gap. To do so, we apply “federalism-in-fact,” …
Extending The Liability Of Insurers For Bad Faith Acts: Royal Globe Insurance Company V. Superior Court, Michael Tancredi
Extending The Liability Of Insurers For Bad Faith Acts: Royal Globe Insurance Company V. Superior Court, Michael Tancredi
Pepperdine Law Review
No abstract provided.
Group Life And Health Ins. V. Royal Drug Co.: The Narrowing Exemption Of The Business Of Insurance From Federal Antitrust Scrutiny , Stanley K. Yamada Jr.
Group Life And Health Ins. V. Royal Drug Co.: The Narrowing Exemption Of The Business Of Insurance From Federal Antitrust Scrutiny , Stanley K. Yamada Jr.
Pepperdine Law Review
No abstract provided.
Punitive Damages And The Drunken Driver, William C. Cooper
Punitive Damages And The Drunken Driver, William C. Cooper
Pepperdine Law Review
A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
Pepperdine Dispute Resolution Law Journal
The article focuses on the awards and arbitration of the resolution of the international commercial disputes with respect to the cross-border contracts and agreements. The enactment of the McCarran-Ferguson Act of the U.S. was for the prevention of the general applicability of the federal legislation in the authority of the states for the purpose of regulating the insurance industry. Information on the decision of the Supreme Court of the U.S. regarding this issue is also presented.
Liability Cure-All For Insidious Disease Claims, Susan Frankewich
Liability Cure-All For Insidious Disease Claims, Susan Frankewich
Pepperdine Law Review
Recent decisions handed down in various circuits have created virtual chaos in predicting the liability and damage amounts of insidious disease claims. At least three substantially divergent theories have been adopted to impute liability to the manufacturers of the disease catalysts. Additionally, a new trust fund concept has been used on a limited basis to reconcile differences in court decisions. The trust fund approach is relatively flexible and simple to apply in apportioning damages for insidious disease claims. The author examines and analyzes these three liability theories. In conclusion, the adoption of the trust fund concept is recommended.
Antitrust And California's New Preferred Provider Organization Legislation: A New Alternative In Health Care Cost Containment , Carol A. Woo
Antitrust And California's New Preferred Provider Organization Legislation: A New Alternative In Health Care Cost Containment , Carol A. Woo
Pepperdine Law Review
No abstract provided.
Reasonable Expectations: Seeking A Principled Application, William A. Mayhew
Reasonable Expectations: Seeking A Principled Application, William A. Mayhew
Pepperdine Law Review
No abstract provided.
Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt
Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt
Pepperdine Law Review
No abstract provided.
The Overruling Of Royal Globe: A "Royal Bonanza" For Insurance Companies, But What Happens Now?, Michael J. Gainer
The Overruling Of Royal Globe: A "Royal Bonanza" For Insurance Companies, But What Happens Now?, Michael J. Gainer
Pepperdine Law Review
No abstract provided.
It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson
It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson
Pepperdine Law Review
No abstract provided.
Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth
Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth
Legal History Publications
An examination of the case Oliver v. The Maryland Insurance Company, 7 Cranch 487 (1813). In Oliver, Robert Oliver, the plaintiff, sued the Maryland Insurance Company, the defendant, in an attempt to recover on an insurance policy he had purchased for a shipment of goods aboard the snow Comet. The Comet was seized by a British ship on its return from Spain, and was condemned under the Orders in Council of 1807. The Court affirmed a lower court judgment that Oliver was not entitled to recover, because the Comet had engaged in an unreasonable delay and deviation …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale Iii, Elizabeth A. Reilly, Jeffrey Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale Iii, Elizabeth A. Reilly, Jeffrey Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Law Faculty Scholarship
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three broad …
Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney
Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney
Barry Law Review
This student comment explores the problem facing Florida insurers preventing them from exercising their right to litigate bad faith causes of action in federal court. This article demonstrates how the federal removal statutes, and amendments thereto, have potentially precluded insurers from removing some bad faith actions from state to federal court under diversity jurisdiction. This article details the divergence in opinion among Florida’s Southern and Middle District Courts in interpreting the federal removal statutes and concludes with a prediction of how the split may be resolved by the Eleventh Circuit Court of Appeals.
Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner
Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner
UIC Law Review
No abstract provided.
Unique Coverage Issues In Flood Losses, Wayne D. Taylor, Arthur J. Park, Sean O'Brien
Unique Coverage Issues In Flood Losses, Wayne D. Taylor, Arthur J. Park, Sean O'Brien
Faculty Works
No abstract provided.
The Role Of Mediation And Insurance In Bet The Company Litigation, Jed Melnick
The Role Of Mediation And Insurance In Bet The Company Litigation, Jed Melnick
Cardozo Journal of Conflict Resolution
When most of us graduate from law school, we are not able to read or understand our own car insurance policy, and yet the resolution of most commercial litigation would not happen without the involvement of insurance. The reality is that, in the context of class actions and "bet the company" litigation, insurance is usually the sole source of funds used to resolve the dispute. What follows is the transcript from a panel discussion that took place on February 9, 2012 at Cardozo Law School entitled, "The Role of Mediation and Insurance in Bet the Company Litigation." The idea behind …
Insurance And Climate Change, Peter Kochenburger, Joseph Macdougald
Insurance And Climate Change, Peter Kochenburger, Joseph Macdougald
Faculty Articles and Papers
Climate change started as a scientific theory, became the subject of environmental policy and international negotiation, and today manifests itself within the courts in a series of boundary testing cases that challenge the settled concepts of risk and redress available under both environmental and insurance law. As our climate becomes increasingly unstable and the causal link between damage from sea-level rise and severe weather events becomes ever more tangible and traceable, courts at all levels wrestle with varying avenues of legal authority, including: the limitations of legal redress through the political question doctrine the appropriateness of traditional federal and state …
Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph Macdougald, Peter Kochenburger
Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph Macdougald, Peter Kochenburger
UIC Law Review
No abstract provided.
Employer Costs And Conflicts Under The Affordable Care Act, Peter Molk
Employer Costs And Conflicts Under The Affordable Care Act, Peter Molk
UF Law Faculty Publications
In January 2015, qualified employers must provide health care coverage under the Patient Protection and Affordable Care Act of 2010 or face a fine. As employers actively attempt to minimize the costs that they will incur, the possibility emerges that employers will retaliate against or harass employees who seek coverage. This Essay discusses the protections for employees under the law and the possible deficiencies in the law. It shows that employers and employees often have contrasting incentives – employers to avoid coverage, and employees to take coverage – and these incentives may result in employer harassment and retaliation of employees. …
Developing A Durable Right To Health Care, Erin C. Fuse Brown
Developing A Durable Right To Health Care, Erin C. Fuse Brown
Faculty Publications By Year
The Patient Protection and Affordable Care Act’s (ACA) signature accomplishment was the creation of a statutory right to health care for the uninsured. This is a momentous change in policy, addressing one of the most vexing social issues of our time and affecting millions of people and billions of dollars of the U.S. economy. This ambition and the degree of societal and political debate leading up to the Act’s passage suggests that it is a “superstatute,” a rare breed of statute that can, among other things, create rights and institutions more typically thought to be the province of constitutional undertaking. …
Insurance Law Principles In An International Context: Compensating Losses Caused By Climate Change, Sara Seck, Craig Brown
Insurance Law Principles In An International Context: Compensating Losses Caused By Climate Change, Sara Seck, Craig Brown
Articles, Book Chapters, & Popular Press
This article examines the challenges of paying for loss caused by climate change. It discusses how weather-related harms might become uninsurable by private companies in the future as the adverse effects of climate change increase in severity. Additionally, this article recognizes the difficulty in imposing civil liability on wrongdoers for climate-related harms, and explores options for state-sponsored or state-subsidized insurance. Finally, the authors examine possibilities for an international insurance fund, but eventually conclude that such a fund would unlikely be endorsed at the international level and would not benefit Canadians.
How Insurance Substitutes For Regulation, Omri Ben-Shahar, Kyle D. Logue
How Insurance Substitutes For Regulation, Omri Ben-Shahar, Kyle D. Logue
Articles
Legal regulation of behavior requires information. Acquiring information about the regulated party's conduct, setting benchmarks by which that conduct is measured, and establishing the correct scale of payoffs for violating or following regulation are costly and require expertise and motivation. Thus, economic theories of rulemaking are often based on the relative information advantages that different regulatory bodies have and how that information can be harnessed to enhance incentives and thereby improve welfare. Government regulators, on average, do not have informational advantages. They are not paid for performance and thus may lack adequate incentives. They are not disciplined by market forces …
Improving Retirement Savings Options For Employees, James Kwak
Improving Retirement Savings Options For Employees, James Kwak
Faculty Articles and Papers
Americans do not save enough for retirement. One reason is that our retirement savings accounts — whether employer-sponsored defined-contribution plans such as 401(k) plans or individual retirement accounts — are heavily invested in actively managed mutual funds that siphon off tens of billions of dollars in fees every year yet deliver returns that trail the overall market. Under existing law, as interpreted by the courts, mutual funds may charge high fees to investors, and companies may offer expensive, active funds to their employees. This paper argues that the Employee Retirement Income Security Act should be reinterpreted, in light of basic …
Review, From Industrial To Legal Standardization, 1871-1914: Transnational Insurance Law And The Great San Francisco Earthquake, Sachin Pandya
Review, From Industrial To Legal Standardization, 1871-1914: Transnational Insurance Law And The Great San Francisco Earthquake, Sachin Pandya
Faculty Articles and Papers
No abstract provided.
Explaining Variation In Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Benjamin Schwarcz
Explaining Variation In Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Benjamin Schwarcz
Law & Economics Working Papers
Discrimination in insurance underwriting is regulated at the state level. Surprisingly, there is a great deal of variation across jurisdictions in how and the extent to which risk classification by insurers is limited. Some states expressly permit insurers to consider certain characteristics, while other characteristics are forbidden or limited in various ways. What explains this variation across states? Drawing on a unique, hand-collected data-set consisting of the laws regulating insurer risk classification in all 51 U.S. jurisdictions, this Article argues that much of the variation in state-level regulation of risk classification can in fact be explained by focusing exclusively on …
Essential Health Benefits And The Affordable Care Act: Law And Process, Nicholas Bagley, Helen Levy
Essential Health Benefits And The Affordable Care Act: Law And Process, Nicholas Bagley, Helen Levy
Law & Economics Working Papers
Beginning in 2014, the Affordable Care Act (ACA) will require private insurance plans sold in the individual and small-group markets to cover a roster of “essential health benefits.” Precisely which benefits should count as essential, however, was left to the discretion of the Department of Health and Human Services (HHS). The matter was both important and controversial. HHS nonetheless announced its policy on essential health benefits by posting on its website a 13-page bulletin stating that it would allow each state to define essential benefits for itself by choosing a “benchmark” plan modeled on existing plans in the state. On …
Surrogacy And Insurance: The Call For Statutory Reform In Ohio, Sasha M. Swoveland
Surrogacy And Insurance: The Call For Statutory Reform In Ohio, Sasha M. Swoveland
Journal of Law and Health
This Note examines the practice of excluding maternity services for surrogate mothers under insurance plans that cover maternity services. This Note also introduces two different surrogate arrangements and illustrates the different familial situations that may necessitate the use of a surrogate. Part II defines surrogacy and offers a general overview of the surrogacy process. Part III demonstrates that surrogates need insurance for pregnancy related services. It also argues that the exclusion of coverage for surrogates is pregnancy discrimination. Part IV explains why current legal remedies are insufficient to make surrogates whole. Part V analyzes the state of surrogacy examining Ohio …