Insurance Law Commons^™

Dailey V. National Hockey League: The Impact Of Erisa's Exclusive Federal Jurisdiction On The Applicability Of The Princess Lida Doctrine In An International Sports Context, Candice I. Polsky

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Regulation Of The Insurance Industry After Hartford Fire Insurance V. California: The Mccarran-Ferguson Act Antitrust Policies, Charles R. Mcguire

Loyola University Chicago Law Journal

No abstract provided.

Solving The Judgment-Proof Problem, Kyle D. Logue

Articles

A tortfeasor who cannot fully pay for the harms that it causes is said to be "judgment proof." Commentators have long recognized that the existence of judgment-proof tortfeasors seriously undermines the deterrence and insurance goals of tort law. The deterrence goal is undermined because, irrespective of the liability rule, judgment-proof tortfeasors will not fully internalize the costs of the accidents they cause. The insurance goal will be undermined to the extent that the judgment-proof tortfeasor will not be able to compensate fully its victims and that first-party insurance markets do not provide an adequate response. Liability insurance can ameliorate these …

Equivalent Frames Of Reference For Judging Risk Regulation Policies, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Although the design of risk regulations has not yet attained what might be termed the economist's ideal of maximizing the difference between benefits and costs, substantial progress has been made in the design of regulatory policy. When the risk regulation agencies began their efforts in the early 1970s, there was widespread concern that something needed to be done to address the important risks that society faces. The substantial optimism with respect to our technological capabilities in reducing risk may have led to a failure to recognize the limits of our risk regulation ventures. Over time, there has been increasing emphasis …

Federal Courts And The Regulation Of The Insurance Industry: An Empirical And Historical Analysis Of Courts' Ineffectual Attempts To Harmonize Federal Antitrust, Arbitration, And Insolvency Statutes With The Mccarran-Ferguson Act--1941-1993, Willy E. Rice

Faculty Articles

The movement to reform the McCarran-Ferguson Act is misplaced. The Supreme Court and the lower federal courts are inferior forums for resolving insurance-related controversies. The language of the McCarran-Ferguson Act is unclear, and this lack of clarity created division among the federal courts.

Courts are divided over the definition of “business of insurance” and this causes problems for both consumers and the insurance industry. In addition, the Act also states that the Sherman Act shall apply to any insurance-related agreement or activity involving boycott, coercion, or intimidation; yet again, courts are divided over the applicability of the Sherman Act. Also, …

Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian

Touro Law Review

No abstract provided.

Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell

University of Richmond Law Review

Automobile liability insurance coverage is considered one of the basic necessities of modern living, following closely on the heels of shelter and food. This priority is the outgrowth of two facts of life: one, that automobile transportation is practically unavoidable and two, that automobile accidents are practically inevitable. Thus, the shadow of liability for the damage and the suffering of automobile accidents falls across most of the American population. Because the losses which may be sustained by the negligent-and the innocent alike-are so great, the need for protection has escalated to the top of modern society's list of indispensable commodities. …

A Summary Of The Health Care And Insurance Reform Act Of 1993: Florida Blazes The Trail, Bruce D. Platt

Florida State University Law Review

No abstract provided.

Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein

California Regulatory Law Reporter

No abstract provided.

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.

Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Book Review, Mitchell M. Simon

RISK: Health, Safety & Environment (1990-2002)

Review of: MARC A. RODWIN, MEDICINE, MONEY & MORALS: PHYSICIANS' CONFLICTS OF INTEREST. (Oxford University Press 1993). [430 pp.] Acknowledgements, acronyms, appendices, foreword, index, notes. LC: 92-49488; ISBN: 0-19-508096-3. [Cloth $25.00. 200 Madison Avenue, New York NY 10016.]

Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler,, J. D'Angelo, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Dimmitt Chevrolet V. Southeastern Fidelity Insurance Corp.: Florida Interprets The "Sudden And Accidental" Clause, Walter E. Engle Iii

Mercer Law Review

In Dimmitt Chevrolet v. Southeastern Fidelity Insurance Corp., the Florida Supreme Court, in a four to three decision, held that the "sudden and accidental" language ,used in the pollution exclusion clause of comprehensive general liability ("CGL") insurance contracts is capable of more than one meaning and is therefore ambiguous. The court then held that so long as environmental contamination is unexpected and unintended on the part of the insured, coverage is not excluded under a CGL insurance policy by the pollution exclusion clause. The court, by first determining that the sudden and accidental language was ambiguous and then analyzing …

And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber

Indiana Law Journal

No abstract provided.

Labor Dispute Disqualification For Unemployment Compensation Benefits, Ken Matheny

West Virginia Law Review

No abstract provided.

Insurance Tax Policy And Health Care Reform: Back To The Future , Curt W. Fochtmann, Frank E. Plan, Thomas J. Minor

Washington and Lee Law Review

No abstract provided.

Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler

California Regulatory Law Reporter

No abstract provided.

Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel

Scholarly Works

Insurance law often is ironically regarded as both consistent and confusing. However, the 1980s saw significant flowering in the development of an insurance coverage interpretation doctrine that, although seriously flawed in its present form, offers the as yet untapped potential of substantial improvement in judicial construction of commercial insurance policies through seemingly inconsistent treatment of insurance coverage disputes.

During the past two decades, in response to the prodding of lawyers representing insurers, courts have increasingly noted that not all insurance policyholders are equal. Some have more money and bargaining clout than others. Some have more sophistication and understanding about the …

Bank Powers To Sell Annuities, Tamar Frankel

Faculty Scholarship

The conflict over turf between the banking industry and the insurance agents has heated up again. In the 1993 case Variable Annuity Life Ins. Co. v. Clarke, ¹ the Fifth Circuit held banks have no power to sell fixed annuities issued by insurance companies in cities with more than 5,000 inhabitants. On June 6, 1994, the Supreme Court granted certiorari to review the decision. ³ Both the Clinton Administration and members of Congress are considering steps toward resolving this issue. Concerned that the flight of high-quality borrowers from the banking system has rendered bank lending increasingly risky, the Comptroller of …

Private Insurance, Social Insurance, And Tort Reform: Toward A New Vision Of Compensation For Illness And Injury, Kenneth S. Abraham, Lance Liebman

Faculty Scholarship

The United States does not have a system for compensating the victims of illness and injury; it has a set of different institutions that provide compensation. We rely on both tort law and giant programs of public and private insurance to compensate the victims of illness and injury. These institutions perform related functions, but the relationships among them are far from coherent. Indeed, the institutions sometimes work at cross-purposes, compensating some victims excessively and others not at all.

The absence of a coherent system of compensation is reflected even in suggested reforms of existing institutions. Proposals to reform tort law …

Rules & Regulations

Touro Law Review

No abstract provided.

Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.

Touro Law Review

No abstract provided.

Foreword: Health Care Reform In The United States—The Presidential Task Force, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Implementing U.S. Health Care Reform, a symposium held in 1993.

The exact specifications of the new health care system depend on the package that President Clinton will send to Capitol Hill and the changes that Congress will make in the reform package. Some of the basic structures and organizing principles of the new system that are being considered by the President are already the subject of intense public scrutiny.

The design being considered would involve new relations between the federal government and the states, between the public and private sectors, and between …

Health Care Reform In The United States, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The author presents a brief description of the design features and objectives of the health care reform package, together with the reasons to support reform of the health care system in the United States.

Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum

Kentucky Law Journal

No abstract provided.

Insurance, Maximilian A. Pock

Mercer Law Review

A few prefatory and quite impressionistic observations seem warranted. The annual stream of substantive "insurance" cases, and cases that have an "insurance" integument, continues unabated. Georgia has definitely joined the ranks of "tastemaker" states that have a decided influence on the evolution of insurance law, as is evidenced by the frequent appearance of Georgia decisions in our leading law school casebooks.

The new user-friendly "easy reading" policies are surfacing in ever increasing numbers in our appellate jurisprudence. Whatever their intrinsic merits, these policies seem to absorb more judge-time because they do not, as yet, travel with the baggage of decades …

The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton

BYU Law Review

No abstract provided.

Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler

California Regulatory Law Reporter

No abstract provided.

The Validity Of Anit-Stacking Language In Automobile Insurance Policies In West Virginia--Application Is Limited By Public Policy, James C. Stebbins

West Virginia Law Review

No abstract provided.