Insurance Law Commons^™

Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow

University of Michigan Journal of Law Reform

President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …

The Eleventh Circuit Gives The Banking Industry A Lesson About Reverse Preemption In Barnett Bank Of Marion County, Na. V. Gallagher, Jess Pinkerton

Mercer Law Review

Recently, in Barnett Bank of Marion County, N.A. v. Gallagher, the United States Court of Appeals for the Eleventh Circuit was presented with the question of whether Florida's prohibition against affiliations between banks and insurance agents was protected from preemption by the McCarran-Ferguson Act. The appellant, Barnett Marion, is a subsidiary of Barnett Banks, Inc., the largest bank holding company centered in Florida. Barnett Marion maintains its principal place of business in Ocala, Florida; however, it owns and operates a branch in Belleview, Florida, a locality where the population is less than five thousand. On October 18, 1993, Barnett …

Waiver Of Sovereign Immunity: An Analysis Of Gilbert V. Richardson, Susan Hurt

Mercer Law Review

In Gilbert v. Richardson, the Georgia Supreme Court addressed the issue of whether a county waives its sovereign immunity by purchasing liability insurance. On September 1, 1991, Deputy Kathy Richardson responded to an emergency call and collided with Emma and Tommy Gilbert's vehicle. Both Gilberts were injured. The Gilberts brought suit against the Walker County Sheriff's Department, the sheriff, and a deputy sheriff. Plaintiffs alleged that Sheriff Millard, as the employer of the deputy sheriff, was liable for the acts of the deputy while she was acting within the course of her employment. Walker County's Georgia Interlocal Risk Management …

Health Care Reform In The 1990’S From The Clinton Plan To Kassebaum-Kennedy, James Cordone

Connecticut Insurance Law Journal

No abstract provided.

Fraud And The Incontestable Clause: A Modest Proposal For Change, Robert R. Googins

Connecticut Insurance Law Journal

No abstract provided.

The Interaction Of The Tort System And Liability Insurance Regulation: Understanding Moral Hazard, Seth J. Chandler

Connecticut Insurance Law Journal

No abstract provided.

The Practical Effect Of Extending Revocation By Divorce Statutes To Life Insurance, Domenico Zaino Jr.

Connecticut Insurance Law Journal

No abstract provided.

John Hancock Mutual Life Insurance Company V. Harris Trust & (And) Savings Bank: The Application Of Erisa's Guaranteed Benefit Policy Exception To General Account Insurance Contracts, Heather L. Wilson

Connecticut Insurance Law Journal

No abstract provided.

The Presence Of Insurance And The Legal Allocation Of Risk, James M. Fischer

Connecticut Insurance Law Journal

No abstract provided.

The Paradox Of Technological Progress In Health Insurance Contracts: Experimental Treatment Clauses And Breast Cancer, Michael J. Brandi

Connecticut Insurance Law Journal

No abstract provided.

Third Party Liability Or The False Claims Act: It Is Time For Consultants To Pay The Price For Their Bad Advice, 29 J. Marshall L. Rev. 923 (1996), Neal A. Cooper

UIC Law Review

No abstract provided.

Land Title Issues For Countries In Transition: The American Experience, 29 J. Marshall L. Rev. 799 (1996), Hugh A. Brodkey

UIC Law Review

No abstract provided.

Health Insurance Coverage For High-Cost Health Care: Reflections On The Rainmaker, Robert H. Jerry Ii

Faculty Publications

This article reflects upon the film "The Rainmaker" and analyzes how the health insurance coverage problems that it addresses take us to the vortex of some of the most difficult issues facing our nation's health care system.

The Two-Way Street Of Insurance Good Faith: Under Construction, But Not Yet Open, Douglas R. Richmond

Loyola University Chicago Law Journal

No abstract provided.

Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov

University of Michigan Journal of Law Reform

This Article explores the nonmonetary eligibility requirements that unemployed individuals must meet in order to receive Unemployment Insurance (UI) benefits. These eligibility criteria, which are decided by the states, vary significantly. Because states often have relatively vague statutes regarding their specific nonmonetary eligibility criteria, state rules, regulations, and case law interpret these statutes and better define the criteria. The author discusses the results of a recent survey of UI nonmonetary eligibility criteria which provides information on the status of criteria across the nation than has been available previously. The author concludes that policy reform in this area should be focused …

Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii

Scholarly Works

Employment lawyers have witnessed a virtual revolution in the law of employment relations during the past thirty years. Although the federal government intervened substantially in private employment relationships in response to the economic catastrophe of the Great Depression, employers remained largely free of regulation until the explosion of statutes and common law developments that commenced in the 1960s and continues today. Recent developments in common law tort and contract principles are particularly troubling for defense counsel in employment matters, since the resulting doctrinal uncertainty renders it difficult to assess the client's exposure with any assurance until the appeals in the …

Foreward, Symposium: Insurance Coverage Of Employment Disputes, Francis J. Mootz Iii

Scholarly Works

This Symposium addresses the most recent insurance coverage issue that requires mastery not only of insurance law concepts but also a rapidly developing area of substantive law. Employers increasingly are finding themselves subject to state and federal regulation of the terms, conditions, and duration of their relationship with employees. The liabilities associated with increased governmental regulation represent a major financial exposure, leading many employers to demand coverage under their various insurance policies. This rapidly evolving area of insurance law achieved some measure of public notice with the recent disclosure that two insurance companies already have paid out nearly a million …

A Case Study Of Bad Faith Refusal To Settle: Doctrinal, Normative And Practical Analysis Of Missouri Law, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Principles Of Insurance Coverage: A Guide For The Employment Lawyer, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Judicial Interpretations Of Insurance Contract Disputes: Toward A Realistic Middle Ground Approach,, Peter N. Swisher

Law Faculty Publications

In a previous law review article, this author analyzed the seemingly arbitrary and contradictory decisional patterns in American insurance law cases. The article concluded that these contradictory judicial patterns could be understood and appreciated if one recognized the fundamental impact-and clash-of two competing theories of American jurisprudence: Legal Formalism and Legal Functionalism in an insurance law context.

Broadly speaking, Legal Formalism is based upon the traditional view that correct legal decisions are determined by pre-existing legal rules, and that the courts must reach their decisions in a logical, socially neutral manner. Formalist judges therefore apply the philosophy of judicial restraint …

Automobile Insurance Policies Build "Write-Away" Around Frolic And Detour, A Persistent Problem On The Highway Of Torts, William A. Wines

Campbell Law Review

This article reviews the controversy surrounding the "frolic and detour" doctrine, looks at the Restatement (Second) of Agency position on the question, and examines a standard of automobile insurance policy containing the permissive user clause. Next, the results of an empirical test of whether the frequency of litigation has decreased in the "frolic and detour" area is presented.

Revisiting The National Flood Insurance Program, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses the hazards proposed by floods, the options for their control, the operation of the National Flood Insurance Program, and the changes made by the 1994 amendments.

Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison

Indiana Law Journal

No abstract provided.

Faculty Spotlight - Kyle D. Logue, Kyle D. Logue

Articles

Most of my teaching and research efforts are currently spent in two general fields of law - taxation and insurance. Which raises an interesting question: Why would a rational person decide to devote a good portion of his academic career to areas of law that many people - lawyers and nonlawyers alike - find painfully boring and unreasonably complicated? The ta and insurance lawyers in the audience, of course, already know the answer - that ta ation and insuran e are e ceptionally interesting topics and that, if one wants to understand how the real world works (in particular, the …

Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes

University of Michigan Journal of Law Reform

In the 1990s, we have witnessed a political movement toward smaller governament and reduced federal funding for social benefits programs. At the same time, evidence suggests that the unemployment insurance (UI) system as it works today still may not benefit all of its intended recipients. The need for improved UI services and the scarcity of resources available to meet this need create a tension between political pressures and constitutional considerations of fairness and due process. While constitutional considerations always override political pressures, the real issue is where to strike the appropriate balance between fundamental fairness and economic reality.

The Comparative Costs Of Allowing Consumer Choice For Auto Insurance In All Fifty States, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse

Maryland Law Review

No abstract provided.

Annual Survey Of Virginia Law: Insurance Law, Beverly W. Snukals, Fiona M. Tower

University of Richmond Law Review

This article addresses the significant case decisions and statutory changes in the past year in the field of insurance. Most of the cases involved automobile insurance coverage. Other cases involved insurance agent liability, duty of good faith to third party beneficiaries, and interpretation of general liability policies. The statutory changes were minor amendments to statutes dealing with medical payments coverage and cancellation of motor vehicle insurance policies.

Consumer Choice In The North Carolina Auto Insurance Market, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse, Bradley Miliauskas

Campbell Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook

University of Miami Law Review

No abstract provided.