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Articles 2221 - 2250 of 3228

Full-Text Articles in Insurance Law

Department Of Insurance, D. Hall, A. Leahy Jan 1990

Department Of Insurance, D. Hall, A. Leahy

California Regulatory Law Reporter

No abstract provided.

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Defining The Problem And Searching For Solutions: Insurers, Employers, And State Government, Charles D. Weller, Powell Woods, John Polk, Kenneth F. Seminatore Jan 1990

Defining The Problem And Searching For Solutions: Insurers, Employers, And State Government, Charles D. Weller, Powell Woods, John Polk, Kenneth F. Seminatore

Journal of Law and Health

Panel discussion: Some solutions to the uninsured problem happening right here in Cleveland. The Health Policy Coalition is a group which presents health insurance reform ideas to Congress. Charles Weller talked about the Coalition. Powell Woods described the Cleveland Health Quality Choice Program as follows: "Cleveland Health Quality Choice is based upon the principle that if we figure out a way to reward high quality and cost efficiency as the twin lynch pins of reimbursement in our health purchasing system, we can drive both quality and efficiency gains in the system which can help produce savings which will in turn …

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Financial Responsibility Assistance For Underground Storage Tanks: Can Washington State Run A Pollution Reinsurance Company?, John S. Conniff Jan 1990

Financial Responsibility Assistance For Underground Storage Tanks: Can Washington State Run A Pollution Reinsurance Company?, John S. Conniff

Seattle University Law Review

This Article reviews Washington state efforts to create a state financial responsibility assurance program; it analyzes EPA financial responsibility regulations; it examines the risks associated with insuring underground petroleum storage tanks; and it assesses the problems and merits of the state pollution liability insurance program as a potential solution to owner and operator financial responsibility needs. The Article concludes that the Washington program reflects the best efforts of the legislature to compromise the competing interests of the public, owners and operators of USTs, and environmental groups. If pollution insurers bargain in good faith with the state, the program will succeed …

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Long-Term Health Care Insurance Challenges: Meeting The Needs Of An Aging Population, Angela S. Curran Jan 1990

Long-Term Health Care Insurance Challenges: Meeting The Needs Of An Aging Population, Angela S. Curran

Loyola University Chicago Law Journal

No abstract provided.

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Forum Non Conveniens: A Case Management Tool For Comprehensive Environmental Insurance Coverage Actions, Peter J. Kalis, Thomas M. Reiter Jan 1990

Forum Non Conveniens: A Case Management Tool For Comprehensive Environmental Insurance Coverage Actions, Peter J. Kalis, Thomas M. Reiter

West Virginia Law Review

No abstract provided.

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Insurance Law, Christopher Kerns, Gretchen Sievers Jan 1990

Insurance Law, Christopher Kerns, Gretchen Sievers

Loyola University Chicago Law Journal

No abstract provided.

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Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein Jan 1990

Symposium: Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, Alan C. Weinstein

Law Faculty Articles and Essays

Ohioans Without Health Insurance: How Big A Problem? Are There Solutions?, was the INAUGURAL Conference of Cleveland State University's Law & Public Policy Program, an interdisciplinary program of instruction, public service and research sponsored jointly by the Cleveland-Marshall College of Law and the Maxine Goodman Levin College of Urban Affairs. The goal of the Conference was to facilitate an exchange of information and views among representatives of the public and major interests concerned with the growing numbers of persons who either lack health insurance or have inadequate coverage.

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Introduction To Keynote Speaker Randall Bovbjerg, Symposium: Ohioans Without Health Insurance, Joel J. Finer Jan 1990

Introduction To Keynote Speaker Randall Bovbjerg, Symposium: Ohioans Without Health Insurance, Joel J. Finer

Law Faculty Articles and Essays

The author introduces keynote speaker Randall R. Bovbjerg at the Inaugural Conference of the Law and Public Policy Program.

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The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue Jan 1990

The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue

Articles

This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …

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Casenotes: Insurance — Professional Liability — Insurer Must Prove Actual Prejudice To Escape Liability Because Of Late Notice By Insured Where Claims-Made Policy Is Ambiguous As To Coverage. St. Paul Fire & Marine Insurance Co. V. House, 315 Md. 328, 554 A.2d 404 (1989) (4-3 Decision), Frederick W. Goundry Iii Jan 1990

Casenotes: Insurance — Professional Liability — Insurer Must Prove Actual Prejudice To Escape Liability Because Of Late Notice By Insured Where Claims-Made Policy Is Ambiguous As To Coverage. St. Paul Fire & Marine Insurance Co. V. House, 315 Md. 328, 554 A.2d 404 (1989) (4-3 Decision), Frederick W. Goundry Iii

University of Baltimore Law Review

No abstract provided.

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Introduction To Keynote Speaker Randall Bovbjerg, Joel J. Finer Jan 1990

Introduction To Keynote Speaker Randall Bovbjerg, Joel J. Finer

Journal of Law and Health

There is probably no constitutional duty on the government to provide medical care; for the Court recently reaffirmed, in Deshaney, the current Court's view of our Constitution as prohibiting governmental wrongs rather than granting entitlements from the government. We say there is a moral duty to provide medical care to those who cannot afford such care. Where does the moral right to receive basic medical care come from?

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Introduction, Steven Smith, David Sweet Jan 1990

Introduction, Steven Smith, David Sweet

Journal of Law and Health

Introduction to Symposium

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Opening Remarks: An Overview Of The Problem, Robert E. Eckardt Jan 1990

Opening Remarks: An Overview Of The Problem, Robert E. Eckardt

Journal of Law and Health

It is a pleasure to be here this morning and to give you some opening comments about what is obviously a very important issue and one that I think does require the involvement of a multitude of different persons from public policy, public health, law and other fields. As I look at the Conference program, however, I feel a little bit uneasy with my assignment since those of us in Foundations are quintessential consultants; we are not really out on the front line doing anything, but are instead providing advice, assistance, counseling, and sometimes money, to those who are out …

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Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren Jan 1990

Defining The Problem And Searching For Solutions: Health Care Providers And Consumers, Richard Buxbaum, Frank Kimber, Henry Manning, David W. Van Heeckeren

Journal of Law and Health

A panel consisting of health care providers and consumers discussed defining the problem and searching for solutions. Richard Buxbaum of the Greater Cleveland Hospital Association addressed uncompensated care, otherwise known as charity care, as a problem for hospitals. Mandating employer based health insurance was offered as a solution. Frank Kimbler of the Federation for Community Planning gave an overview of the consumer side of the uninsured problem. He mentioned a joint pilot project to insure the working poor. Henry Manning of Metrohealth explained how price competition between hospitals creates a problem for urban teaching hospitals which bear the costs of …

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Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow Jan 1990

Law And Legislation In Ohio, Jane Campbell, Ray Miller, Grace Drake, Susan Sheutzow

Journal of Law and Health

A discussion of the current Ohio health insurance law regarding the uninsured and underinsured and what the Ohio legislature is trying to do about it. Jane Campbell discussed adopting a system similar to the Canadian health care system, creating an Ohio health care trust fund, and helping those in high-risk health care categories. Ray Miller addressed indigent health care and the Hagan bill. Grace Drake said that universal health care has not been successful where it has been tried, so the focus should be on the working poor and uninsured.

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Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson Jan 1990

Statutory Prohibitions On The Negotiation Of Insurance Agent Commissions: Substantive Due Process Review Under State Constitutions, Robert H. Jerry Ii, Reginald L. Robinson

Faculty Publications

In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of …

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Crisis In No-Fault Automobile Insurance, Dragana Davidovic Jan 1990

Crisis In No-Fault Automobile Insurance, Dragana Davidovic

LLM Theses and Essays

This thesis presents an overview of no-fault automobile insurance and examines current issues in the political and policy debate surrounding insurance reform. Part I summarizes the costs of automobile accidents and describes how the tort system handles claims arising from such accidents. Part II gives an introduction to the world of insurance, explaining theoretical differences between fault and no-fault based auto insurance. Part III presents the history of various no-fault plans. Part IV describes and explains current issues in no-fault insurance. Costs, benefits, and cost-efficiency of no-fault insurance are also discussed. Since the accident prevention is a social goal as …

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Book Review: Deforming Tort Reform, Joseph A. Page Jan 1990

Book Review: Deforming Tort Reform, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The storms buffeting the tort system over the past two decades have come in three distinct waves. In the late 1960s, steep increases in the insurance costs incurred by health care providers protecting against negligence claims by patients triggered what came to be known as the "medical malpractice crisis." In the mid-1970s, manufacturers whose liability insurance premiums suddenly soared raised obstreperous complaints that called public attention to the existence of a "product liability crisis." Finally, other groups whose activities created risks exposing them to lawsuits found that their liability insurance rates had also risen precipitously. A full-blown "torts crisis" was …

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A Note On Retrospectively Rated Insurance And Federal Income Taxation, Donald Arthur Winslow Jan 1990

A Note On Retrospectively Rated Insurance And Federal Income Taxation, Donald Arthur Winslow

Kentucky Law Journal

No abstract provided.

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Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of The United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer Dec 1989

Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of The United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer

Scholarly Works

This paper begins with a comparison of the Canadian and U.S. export control structures. It examines resulting conflicts between the two. It then describes the provisions of the Free Trade Agreement which address the harmonization of export controls. While the Agreement is far-reaching, it is important to note that the FTA is not a Customs Union. That is, the two countries are not going to develop a common external trade policy but will continue to maintain independent trade relations with respect to third countries. In light of that fact, the paper analyzes the prospects for continuing conflict between the United …

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Department Of Insurance, D. Hall, A. Leahy Oct 1989

Department Of Insurance, D. Hall, A. Leahy

California Regulatory Law Reporter

No abstract provided.

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Department Of Insurance, M. Jackman Aug 1989

Department Of Insurance, M. Jackman

California Regulatory Law Reporter

No abstract provided.

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Department Of Insurance, M. Jackman May 1989

Department Of Insurance, M. Jackman

California Regulatory Law Reporter

No abstract provided.

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Defining The Contours Of Erisa Preemption Of State Insurance Regulation: Making Employee Benefit Plan Regulation An Exclusively Federal Concern, Lawrence A. Vranka, Jr. Mar 1989

Defining The Contours Of Erisa Preemption Of State Insurance Regulation: Making Employee Benefit Plan Regulation An Exclusively Federal Concern, Lawrence A. Vranka, Jr.

Vanderbilt Law Review

Congress enacted the Employee Retirement Income Security Act (ERISA) in 19741 to address problems in the area of employee pensions and benefits, with which prior federal enactments and complementary state regulation had been unable to cope. ERISA established a comprehensive scheme that placed the regulation of qualified employee benefit plans exclusively in federal hands.' The drafters of ERISA also sought to reserve to the states the power to regulate areas in which they traditionally had primacy--most notably, insurance, banking, and securities. The drafters of ERISA thus attempted to carve out an area of "exclusive federal concern," while preserving state regulation …

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Department Of Insurance, M. Jackman Jan 1989

Department Of Insurance, M. Jackman

California Regulatory Law Reporter

No abstract provided.

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Continental Insurance Companies V. Northeastern Pharmaceutical & (And) Chemical Company: Cleanup Costs Are Not Damages Under A Standard Liability Policy, 22 J. Marshall L. Rev. 703 (1989), Michael J. Holt Jan 1989

Continental Insurance Companies V. Northeastern Pharmaceutical & (And) Chemical Company: Cleanup Costs Are Not Damages Under A Standard Liability Policy, 22 J. Marshall L. Rev. 703 (1989), Michael J. Holt

UIC Law Review

No abstract provided.

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Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue Jan 1989

Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.

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New Developments In Kansas Insurance Law, Robert H. Jerry Ii Jan 1989

New Developments In Kansas Insurance Law, Robert H. Jerry Ii

Faculty Publications

Since 1959 the Kansas Law Review has encouraged commentary on recent developments in Kansas insurance law. This article continues this tradition, examining developments that have occurred during the last five years.

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A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough Jan 1989

A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough

Campbell Law Review

This Comment examines North Carolina's underinsured motorist coverage statute, a standard North Carolina automobile insurance policy and applicable common law.

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The Economics Of The Insurance Antitrust Suits: Toward An Exclusionary Theory, Peter Siegelman, Ian Ayres Jan 1989

The Economics Of The Insurance Antitrust Suits: Toward An Exclusionary Theory, Peter Siegelman, Ian Ayres

Faculty Articles and Papers

On March 22, 1988, the Attorneys General of eight states filed antitrust actions in state and federal courts' alleging that major insurance and reinsurance companies colluded to boycott specific types of insurance coverage in violation of section 1 of the Sherman Act. The suits suggest that this collusion was responsible for the unprecedented increase in premiums and concomitant erosion of coverage that has come to be known as "the insurance crisis."' The lawsuits have provoked fierce denials by insurance industry participants, including assertions that the suits, which came in an election year, were politically motivated.' The litigation is certain to …

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