Insurance Law Commons^™

"Commonly Accepted Notions Of Insurance" For Captives In Tax Cases Are Not Common Notions Of Insurance In The Insurance Industry, Harold Weston

Connecticut Insurance Law Journal

No abstract provided.

Insuring Evolving Technology, Asaf Lubin

Connecticut Insurance Law Journal

The study of the interaction between law and technology is more critical today than ever before. Advancements in artificial intelligence, information communications, biological and chemical engineering, and space-faring technologies, to name but a few examples, are forcing us to reexamine our traditional understanding of basic concepts in torts and insurance law. Yet, few insurance professionals and scholars will identify themselves as working in the field of "law-and-technology." For many of them, technology is "just a fact about the world like any other," as Ryan Calo once put it, not one that always merits "special care."' This short paper is an …

Ransomware: A Darwinian Opportunity For Cyber Insurance, Erin Kenneally

Connecticut Insurance Law Journal

No abstract provided.

Uncle Sam Re: Improving Cyber Hygiene And Increasing Confidence In The Cyber Insurance Ecosystem Via Government Backstopping, Bryan H. Cunningham, Shauhin A. Talesh

Connecticut Insurance Law Journal

The year 2020 was a wake-up call, for the world and specifically for the cyber insurance ecosystem. The COVID-19 global pandemic reminded insurers, observers, and policymakers that actual or newly plausible attacks-including catastrophic cyberattacks-could pose existential threats to the cyber insurance ecosystem. This article examines this risk through a hypothetical catastrophic cyberattack, interviews with sixty participants across the cyber insurance ecosystem, and recent scholarly work. We find that the risk of a catastrophic cyberattack to the solvency of the global insurance ecosystem is real and that cyber insurers have not, as yet, fulfilled their promise to meaningfully improve our collective …

"Cyberwar By Almost Any Definition": Notpetya, The Evolution Of Insurance War Exclusions, And Their Application To Cyberattacks, Josephine Wolff

Connecticut Insurance Law Journal

No abstract provided.

The Case For Banning (And Mandating) Ransomware Insurance, Kyle D. Logue, Adam B. Shniderman

Connecticut Insurance Law Journal

Ransomware attacks are becoming increasingly pervasive and disruptive, resulting in ransom demands becoming more exorbitant. Payments for ransom costs are increasingly being covered by insurance, which may offer coverage for a variety of cyber-related losses. Some commentators have expressed concern over this market phenomenon. Specifically, the concern is that the presence of insurance is making the ransomware problem worse based on the following theory: because there is ransomware insurance that covers ransom payments, and because paying the ransom is often far cheaper than paying the restoration and business interruption costs covered under the policy, there is an increased tendency to …

What To Do When People Don't Move: Ending The "Condemnation Blight" Value Rule For Forced Retreat Resulting From Sea Level Rise, Dario Rabak

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. Delatour

Georgia State University Law Review

The COVID-19 pandemic has impacted virtually every facet of life in the United States, including the insurance industry. In particular, the number of business interruption insurance coverage lawsuits has continued to climb since March 2020, as insurers are denying coverage for pandemic-related losses and policyholders are seeking indemnification. Courts across the country are faced with answering difficult, novel questions about the interpretation and scope of business interruption insurance policies. Collectively, the conclusions the courts reach are critically important because they will determine the fate of policyholders and the insurance industry, respectively. This Note explores business interruption insurance coverage during COVID-19 …

Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy

Dalhousie Law Journal

The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments. We …

Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings, Mariel Talmage

Cardozo Law Review

No abstract provided.

The Case For Banning (And Mandating) Ransomware Insurance, Kyle D. Logue, Adam B. Shniderman

Law & Economics Working Papers

Ransomware attacks are becoming increasingly pervasive and disruptive. Not only are they shutting down (or at least “holding up”) businesses and local governments all around the country, they are disrupting institutions in many sectors of the U.S. economy — from school systems, to medical facilities, to critical elements of the U.S. energy infrastructure as well as the food supply chain. Ransomware attacks are also growing more frequent and the ransom demands more exorbitant. Those ransom payments are increasingly being covered by insurance. That insurance offers coverage for a variety of cyber-related losses, including many of the costs arising out of …

Legal Evaluation Of The Regulation Of The Unified Motor Vehicle Insurance Policy: A Comparative Study, Dr. Issa Ghassan Al-Rabdi

UAEU Law Journal

The need Settlement of disputes arising from bank credit between national and Vehicle accidents pose a great danger to people's lives and property, which is why, decades ago, the United Arab Emirates turned towards the path followed by the vast majority of Arab and foreign countries, which is the regulation of compulsory insurance on the civil liability of vehicle accidents.

The Board of Directors of the Insurance Authority issued the unified vehicle insurance policy issued under the system of unification of vehicle insurance policies under Resolution No. (25) Of 2016. This document is a legal system, amending Ministerial Resolution No. …

Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Frivolous Defenses, Thomas D. Russell

Cleveland State Law Review

This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs’ bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash personal injury cases in Colorado’s district courts. The Article situates these cases within dispute pyramid elements, including the total number of miles-traveled within Colorado and the volume of civil litigation. The Article then analyzes the defense attorneys’ departures from the Colorado Rules of Civil Procedure, especially Rule 8. …

Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul Mchugh

Journal of Law and Policy

COVID-19-related business closures led to thousands of business interruption insurance claims and lawsuits across the country. However, throughout the history of business interruption policies, obstacles such as virus exclusions and “physical damage” requirements have been added in response to prior pandemics and catastrophic losses. These exclusions and requirements have led to many hurdles and outright denials for those seeking payment on their policies. So, then, can business owners still find some economic refuge in these policies? Despite outright denials in many courts, at least a handful of federal judges as well as a number of members of Congress seem to …

Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg

Washington Law Review

For decades, the Department of Justice (DOJ) has issued a steady flood of press releases announcing False Claims Act (FCA) settlements against health care entities and extolling the purportedly sharp message sent to the industry through these settlements about the consequences of engaging in wrongdoing. The FCA is the primary mechanism for government enforcement against health care entities engaged in wrongdoing, and it is expected to be DOJ’s key tool for addressing fraud arising out of government programs in response to the COVID-19 pandemic. DOJ has pointed to three key goals of its enforcement efforts (deterrence, incentivizing cooperation, and building …

Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross

Loyola of Los Angeles Law Review

“Let it not be said that I was silent when they needed me.”

– William Wilberforce

Risk-Risk Tradeoffs For Mass Shootings And International Terrorism, W. Kip Viscusi, Rachel Dalafave

Vanderbilt Law School Faculty Publications

This article elicits information about risk perceptions and risk–risk tradeoffs for mass shootings and international terrorist attacks. These prominent public risks are similar in many respects in that both involve traumatic injuries. One might expect that the risk–risk tradeoff rate would be 1.0 unless other attributes of these risks are pertinent. Estimates based on an original survey structured to test rates of tradeoff between deaths from these risks indicate that respondents consistently place a premium on reducing mass shooting risks, as compared to risks of international terrorism. The average premium is relatively stable even after accounting for the effect of …

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.

Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.

070— Mental Health Parity: What It Is And Why It Matters, Lauren Klein

GREAT Day Posters

While stigma around mental health, as well as treatment options have been drastically improved within the last decade, people who need help still are not getting it. The ultimate issue is the lack of mental health parity, which is defined by the equal treatment and benefits of other health conditions in insurance plans. Benefits such as inpatient in-network & out-of-network, co-pays, deductibles, max limit for out of pocket costs, reimbursement rates, geographic care, and coverage for any type of hospitalization. The lack of these advantages force people into difficult situations in order to receive these services. Paying abundant amounts of …

Hard Battles Over Soft Law: The Troubling Implications Of Insurance Industry Attacks On The American Law Institute Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel

Cleveland State Law Review

ALI Restatements of the Law have traditionally exerted significant influence over court decisions and the development of the common law. During the past two decades, however, the ALI has seen an upsurge in interest group activity designed to shape or even thwart aspects of the Institute’s work. Most recently, the Restatement of the Law of Liability Insurance (RLLI) has been the focus of not only criticism of particular provisions but a concerted effort by members of the insurance industry to demonize the project as a whole and bar use of the document by courts.

The vehemence of insurer opposition seems …

"Sudden And Accidental" Pollution Exclusions: The Battle Between Insurance Carriers And Insureds Continues, Penny R. Warren

Journal of Natural Resources & Environmental Law

No abstract provided.

End Of Life Uncertainty: Terminal Illness, Medicare Hospice Reimbursement, And The "Falsity" Of Physicians' Clinical Judgments, Jameson Steffel

University of Cincinnati Law Review

No abstract provided.

Public Policy And The Insurability Of Cyber Risk, Asaf Lubin

Articles by Maurer Faculty

In June 2017, the food and beverage conglomerate Mondelez International became a victim of the NotPetya ransomware attack. Around 1,700 of its servers and 24,000 of the company’s laptops were suddenly and permanently unusable. Commercial supply and distribution disruptions, theft of credentials from many users, and unfulfilled customer orders soon followed, leading to losses that totaled more than $100 million. Unfortunately, Zurich, which had sold the company a property insurance policy that included a variety of coverages, informed Mondelez in 2018 that cyber coverage would be denied under the policy based on the “war exclusion clause.” This case, now pending, …

Penerapan Prinsip Kontribusi Dan Prinsip Subrogasi Dalam Asuransi Pengangkutan Laut (Studi Kasus Pt. Asuransi Axa Indonesia Dengan Pt. Asuransi Buana Independent), Luthfiana Arumsari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

In insurance, for the same object can be insured to more than 1 (one) insurance company, which means it is possible for an insured to receive profits from 2 (two) or more insurers, to avoid this, in the insurance law in Indonesia known indemnity principle , which serves to avoid the benefits received by the insured that exceeds the losses suffered. The author conducted research at PT. AXA Insurance Indonesia (hereinafter referred to as PT. AXA) and PT. Buana Independent Insurance (hereinafter referred to as PT. ABI), each of which is an Insurance company that has equally guaranteed a cargo …

When Justice Should Precede Generosity: The Case Against Charitable Immunity In Arkansas, Courtney Jane Baltz

Arkansas Law Notes

This Comment discusses various aspects of the modern hospital and examines charitable immunity’s incompatibility with modern law.

First, Part II explains the historical justifications for immunity and presents the doctrine’s landscape in the United States. Part III examines the role precedent plays in continuing to adhere to the rule of immunity. Part IV takes an in-depth approach of the big business of hospitals by evaluating various financial aspects of charitable hospitals. Part V explores the reality of charitable immunity falling out of touch with concepts of modern law. Part VI takes a more specific look at the application of the …

The Extent Of Compulsory Car Insurance Coverage For Injuries Caused By Cars' Accidents: A Comparative Study Between The Jordanian Laws And, Uae Laws, Ghazi Abu Orabi

UAEU Law Journal

Car accidents are one of the main causes which endangers human life in addition to causing materialand moraldamage. The aim of the study is to shed light on the adequacy of compulsory car insurance in providing satisfactory legalprotection for injured persons, whether these injuries are fatalor non-fatal.

It is suggested in the study, that, this can be achieved via establishing legalmeans which enable the injured party to directly claim damages from the insuring company.

The study focuses on compulsory car insurance laws in the Jordanians and UAE laws. And it also attempts to explore the influence of Islamic Jurisprudence on …

Disrupting Frivolous Defenses, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

Judge Milton I. Shadur was a disrupter of frivolous defenses. In 2018, Judge Shadur died at the age of 93 after 37 years as a judge of the United States District Court for the Northern District of Illinois. Sua sponte, Judge Shadur reviewed civil answers, and disrupted the pleading of frivolous defenses. Sua Sponte Shadur—as some lawyers called him—rejected answers that departed from or ignored Rule 8 of the Federal Rules of Civil Procedure.

In 2001, Judge Shadur issued an Appendix to an order in State Farm v. Riley, 199 F.R.D. 276 (N.D. Ill. 2001) with his expectations regarding how …

The Role Of Courts In The Evolution Of Standard Form Contracts: An Insurance Case Study, Daniel Schwarcz

BYU Law Review

Standard form contracts are a pervasive feature of modern commercial life for ordinary consumers and big businesses alike. Yet remarkably little is currently known about how and when these contracts evolve in response to judicial decisions that interpret and apply them in individual disputes. Homeowners insurance policies offer a particularly fertile ground for studying this issue due to both the prominence of the insurance law doctrine that ambiguities are interpreted against the drafter and the historic standardization of insurance policies across different insurers. Utilizing a unique hand collected dataset, this Article empirically investigates the links between innovation in the dominant …