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Articles 1621 - 1650 of 3229
Full-Text Articles in Insurance Law
Insurance Coverage For Damages For Emotional Distress In Montana, Greg Munro
Insurance Coverage For Damages For Emotional Distress In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article has the twin purposes of exploring the circumstances in which Montana tort law recognizes emotional distress as compensable and examining the problem of securing insurance coverage of emotional distress damages.
The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo
The Politics Of Infertility: Recognizing Coverage Exclusions As Discrimination, Elizabeth Pendo
Articles
Infertility affects approximately ten percent of the reproductive-age population in the United States, and strikes people of every race, ethnicity and socio-economic level. It is recognized by the medical community as a disease, one with devastating physical, psychological, and financial effects. Nonetheless, comprehensive coverage of infertility treatments under employer-sponsored plans - where, like Jane, most Americans get health insurance - appears to be the exception rather than the rule. Can Jane sue for disability discrimination, sex discrimination, or both? While the answer - "it depends" - should not be surprising to anyone who has survived even a semester of law …
Voiding Auto Insurance Clauses For Violating Public Policy, Greg Munro
Voiding Auto Insurance Clauses For Violating Public Policy, Greg Munro
Faculty Journal Articles & Other Writings
This article addresses how a lawyer faced with an unambiguous auto insurance policy provision detrimental to his insured or claimant may analyze the provision to determine if it is potentially void and unenforceable.
Insurance Decisions - A Survey And Empirical Analysis, Willy E. Rice
Insurance Decisions - A Survey And Empirical Analysis, Willy E. Rice
Faculty Articles
During the period from June 2002 to July 2003, the Court of Appeals for the Fifth Circuit decided twenty-two appeals originating in eight federal district courts. Certainly, the greater majority of the insurance appeals involved recurring substantive and procedural conflicts. Major disagreements about the interpretation and enforcement of insurance contracts were before the court. Also, federal preemption questions and conflicts over subject-matter jurisdiction appeared in several cases. Furthermore, the Fifth Circuit addressed one case of first impression, and on remand from the Supreme Court, the appellate court modified and reinstated portions of a vacated opinion. For the most part, the …
Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo
Images Of Health Insurance In Popular Film: The Dissolving Critique, Elizabeth Pendo
Articles
Several recent films have villainized the health insurance industry as central elements of their plots. This Article examines three of those films: Critical Care, The Rainmaker, and John Q. It analyzes these films through the context of the consumer backlash against managed care that began in the 1990s and shows how these films reflect the consumer sentiment regarding health insurance companies and the cost controlling strategies they employ. In addition, the Article identifies three key premises about health insurance in the films that, although exaggerated and incomplete, have significant factual support. Ultimately, the author argues that, despite their passionately critical …
State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard
State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard
University of Richmond Law Review
No abstract provided.
Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell
Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell
Cardozo Journal of Conflict Resolution
This note will question whether the processes devised by the Agreement really favor survivors, helping them to realize some form of compensation for their insurance polices. Despite the efforts of the Agreement to prevent litigation of such insurance claims, there are still cases being filed, and legislation being proposed, to try to facilitate compensatory actions at a faster pace. While the Agreement on its face seems to be a welcome solution to the vast amount of litigation, it may be that the Agreement was a convenient way for Germany to dispose of the hundreds of thousands of life insurance policy …
The Denominator Blindness Effect: Accident Frequencies And The Misjudgment Of Recklessness, W. Kip Viscusi
The Denominator Blindness Effect: Accident Frequencies And The Misjudgment Of Recklessness, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
People seriously misjudge accident risks because they routinely neglect relevant information about exposure. Such risk judgments affect both personal and public policy decisions, e.g., choice of a transport mode, but also play a vital role in legal determinations, such as assessments of recklessness. Experimental evidence for a sample of 422 jury-eligible adults indicates that people incorporate information on the number of accidents, which is the numerator of the risk frequency calculation. However, they appear blind to information on exposure, such as the scale of a firm's operations, which is the risk frequency denominator. Hence, the actual observed accident frequency of …
Can Consumer-Choice Plans Satisfy Patients? Problems With Theory And Practice In Health Insurance Contracts, Wendy K. Mariner
Can Consumer-Choice Plans Satisfy Patients? Problems With Theory And Practice In Health Insurance Contracts, Wendy K. Mariner
Faculty Scholarship
Much scholarship has considered whether health care - and insurance - should be distributed by voluntary contract or subject to government standards or regulation. Contracts will likely play a key distributive role in any future health care system. Yet we do not fully understand where private contracting does and does not work to further the goals of equitable access to affordable care. This article examines the role of health insurance policies in defining and enforcing access to medical care, focusing on private employment-based group health benefit plans. It describes models of consumer choice health plans and critiques their capacity for …
Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai
Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai
Scholarly Articles in Law Reviews & Journals
From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …
Insurance Binders Revisited, Peter N. Swisher
Insurance Binders Revisited, Peter N. Swisher
Law Faculty Publications
Temporary contracts of insurance-binders-protect the insured during the time between completion of the application and issuance of the policy. They are an accepted and necessary part of the insurance business, used in connection with a wide variety of insurance P7:oducts. But when alleged coverage under a binder is the subject of litigation, the results are often inconsistent and, sometimes, indefensible. This article provides a comprehensive discussion of binders, including the differences between standard form and manuscript binders, binding receipts in property and casualty insurance and conditional receipts in life insurance policies, the various kinds of conditional receipts, and otherwise. The …
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.