Insurance Law Commons^™

Ix. Insurance

Washington and Lee Law Review

No abstract provided.

Hiv/Aids And The Pre-Existing Health Condition Standard: Teaching An Old Dog New Tricks, 24 J. Marshall L. Rev. 653 (1991), Barbara Lynn Pedersen

UIC Law Review

No abstract provided.

Department Of Insurance, J. Miller, R. Raynor

California Regulatory Law Reporter

No abstract provided.

Mengele's Birthmark: The Nuremberg Code In United States Courts, George J. Annas

Faculty Scholarship

Experimentation on human beings is so difficult to justify that the attempt is seldom even made. Usually its justification is simply assumed, and vague notions of progress or national emergency are suggested as sufficient rationales. The United States, a society dedicated to both progress and human rights, has been profoundly ambivalent about human experimentation. On the one hand, we have consistently argued in our ethical codes that the rights and welfare of research subjects must be protected; on the other hand, we have consistently used perceived emergencies, both national and medical, as an excuse to jettison individual rights and welfare …

Medicare's Prospective Payment System At Age Eight: Mature Success Or Midlife Crisis?, Bruce C. Vladeck

Seattle University Law Review

This Article is necessarily a rather selective (for reasons of brevity and reader tolerance) and even subjective attempt to summarize the experience under PPS to date and to suggest some lessons that might be drawn from that experience for the future reform of PPS itself and of payment systems generally. No attempt will be made here to be comprehensive, to explain all the technical details of an inherently and increasingly complex system, nor even to systematically survey the rapidly growing body of literature. But the few issues and themes that clearly stand out will be the focus of most of …

Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost

Seattle University Law Review

This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO …

The Insurance Industry's 1970 Pollution Exclusion: An Exercise In Ambiguity, John S. Vishneski Iii, Todd G. Zimmerman, Robert A. Creamer, Judith N. Levi

Loyola University Chicago Law Journal

No abstract provided.

Boeing Co. V. Aetna Casualty & Surety Co.: Cercla Response Costs Covered "As Damages" Under Comprehensive General Liability Insurance Policies , Kimberly A. Richter

Seattle University Law Review

This Comment will examine the CERCLA provisions that empower the government to clean up dangerous hazardous waste sites and to seek reimbursement of clean-up costs from polluters. It will then outline the standard provisions of CGL policies, which require insurers to indemnify insureds for all costs incurred "as damages" under the terms of the policy. Next, the Comment will set forth the two primary methods of interpretation employed by courts to determine whether CERCLA response costs are covered damages under CGL policies. The Comment will then set forth Washington law which provided the foundation for the Washington Supreme Court's decision …

The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr.

Seattle University Law Review

This Note posits two recommendations. First, in order to harmonize the bad faith standards applied in Kallevig and Gingrich, the Kallevig reasonable justification standard should be applied in situations involving questions similar to those confronted by the Gingrich court. Second, this Note contends that the Kallevig court's analysis imposing liability under the CPA was defective because it failed to take proper account of the frequency requirement within the unfair trade practices regulations. By ignoring the frequency provision, the Kallevig decision allows inconsistent treatment of similar factual situations depending on whether the decision is being made by an agency or …

Private Utilization Review, Marvis J. Oehm

Seattle University Law Review

This Article describes the history of private UR and provides illustrations of successes, problems and controversies. The Article concludes with some suggestions and prescriptive advice for those who are likely to encounter UR, either through work with particular clients or directly as part of a private benefit plan.

Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett

Cleveland State Law Review

The Ohio Supreme Court in Wood v. Shepard had occasion to interpret Ohio's wrongful death statute in conjunction with Ohio's uninsured and underinsured motorist statute (UUM). The court held that the wrongful death of an insured creates separate claims that are not subject to a single person limit of liability in the deceased insured's UUM coverage. Wood is a nebulous decision. It overcompensates the deceased insured's surviving family members and turns the deceased insured's UUM coverage into a bottomless well from which the surviving family members may draw compensation. The full effect of Wood is yet unknown. What is known, …

The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Contradiction And Context In American Copyright Law, Keith Aoki

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Doctrine Of Elections: Has The Need To Choose Been Lost?, Douglas R. Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Buchwald V. Paramount Pictures Corp. And The Future Of Net Profit, Adam J. Marcus

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Dimensions Of The Product Liability Crisis, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Examination of a variety of sources of statistics indicates that the product liability crisis is real, and it is not simply imagined or contrived by the insurance industry. Litigation in the product liability area has escalated dramatically, but to some extent the industry was able to mute the effect of this escalation because of the influence of rising interest rates in the early 1980s as well as because the shrinking market for product liability insurance masked much of the explosion that was occurring in terms of the costs of product liability coverage. The dominant pattern in the early 1980s was …

Death And Taxes: The Taxation Of Accelerated Death Benefits For The Terminally Ill, Wayne M. Gazur

Publications

No abstract provided.

Judicial Rationales In Insurance Law: Dusting Off The Formal For The Function, Peter N. Swisher

Law Faculty Publications

The purpose of this Article is to demonstrate that there is indeed a great deal of method within this apparent judicial 'hiadness" if one properly understands and appreciates the two competing theories of Judicial Formalism versus Judicial Functionalism in an insurance law context. And with a proper understanding of these two competing judicial theories, numerous apparent inconsistencies in insurance law decisions may be reconciled within each particular theoretical framework.

Accordingly, this Article will present a general overview of these two competing theories of American jurisprudence, and then discuss their conflicting applications in various insurance law decisions by utilizing a number …

Denial Of Coverage For "Experimental" Medical Procedures: The Problem Of De Novo Review Under Erisa, Julia Field Costich

Kentucky Law Journal

No abstract provided.

Insurance, Maximilian A. Pock

Mercer Law Review

After spending a quarter of .a century as a "court watcher" in these pages, this writer may be permitted to make some observations on the evolution of Georgia jurisprudence in the burgeoning field of insurance law. Since no clear. patterns commend themselves for jurimetric analysis, these observations are. necessarily impressionistic and even random. First, it is apparent the so-called "easy reading" or "simple English" policies, adopted by insurers in response to the.Parthenopean oratory of consumer groups, are winding their way through the courts. Professor Huber drafted the Swiss Civil Code at the turn of this century with the purpose of …

Department Of Insurance, J. Miller, R. Raynor

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, D. Hall, A. Leahy

California Regulatory Law Reporter

No abstract provided.

The Private Mortgage Insurer's Action For Rescission For Misrepresentation: Limiting Apotential Threat To Private Sectorparticipation In The Secondary Mortgagemarket, Franklin D. Cordell

Washington and Lee Law Review

No abstract provided.

The Performance Of Liability Insurance In States With Different Products-Liability Statutes, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The liability crisis of the mid-1980s has led to an extensive reexamination of the liability system. A number of explanations have been offered for the substantial increase in insurance premiums and, in some cases, a decline in the availability of insurance. These include stimulation of the underwriting cycle by a decline in interest rates, collusion among insurance firms, rising tort costs, and uncertainty with respect to the liability burden.' Most observers, however, also point to changes in tort law itself. For example, plaintiffs may now have a more favorable environment for obtaining an award and, if they are successful, they …

Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

X. Insurance

Washington and Lee Law Review

No abstract provided.

Keynote Address: Helping The Uninsured: Health Insurance In Ohio And In The Nation, Randall R. Bovbjerg

Journal of Law and Health

This article briefly discusses five salient issues for decision makers to ponder, in Ohio and in the nation: (1) What, exactly, is the problem? (2) What about National Health Insurance (NHI)? (3) What roles are likely for national, state, and local governments? (4) How can one design solutions and evaluate the trade-offs they pose? (5) What are we willing to pay? A major conclusion is that many ways exist to provide subsidized coverage or other access to care. In other words, many possible solutions exist. They have different emphases, different structural characteristics, different benefits, and different price tags. What does …

Insurance And The Limits Of Rational Discrimination, Martin J. Katz

Sturm College of Law: Faculty Scholarship

As the state of the insurance industry indicates, policy makers and academics have reached little consensus about how to address the implications of rational discrimination. This Current Topic argues that rational discrimination should not be viewed simply as a question of profitability or financial interests, but must also be approached from a moral perspective. Part One examines the underlying cause of rational discrimination in one particular insurance market,' locating its ultimate source in the historical injustices perpetrated against Blacks. This section condemns rational discrimination for perpetuating and even exacerbating social inequalities. The analysis suggests that our society will not fully …

Proceedings Of The Inaugural Conference Of The Law & (And) Public Policy Program: An Introduction And Summary, Alan C. Weinstein

Journal of Law and Health

As its title suggests, this Conference focuses on the health insurance problems of Ohioans and the public and private initiatives that seek solutions to that problem. Despite this focus on Ohio, the Conference proceedings are not overly parochial, but often examine the experience of other states and other societies to gain insights into Ohio's situation. Thus, these proceedings provide the reader with both a general consideration of the health insurance problem and a deeper exploration of one state's effort to address that problem.

The Duty To Defend - Brown V. Lumbermens Mutual Casualty Company, George H. Pender

Campbell Law Review

This Note has five purposes. First, this Note reviews the facts of Brown v. Lumbermens Mut. Casualty Co. Second, this Note examines the judicial logic of the Brown decision. Third, this Note addresses public policy concerns left unanswered by the courts. Fourth, this Note examines Brown's impact on N.C. Gen. Stat. § 20-279.21(b)(4). Finally, this Note concludes that while Brown should be applauded for extending the duty to defend, the court unnecessarily stretched basic principles of contract law to justify its decision.