Insurance Law Commons^™

"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.

Views On The Position Of The Contemporary Islamic Jurisprudence On The Question Of Insurance B Y Prof. Mustafa El-Gammel

Journal Sharia and Law

This article analyzes and evaluates the positions of the contemporary Islamic jurisprudence regarding the question of insurance. The practice in this respect is to present the views of those who consider insurance as a legitimate activity, and the views of those who consider it as illegal one, and deal with the arguments and replies offered in support of such views. This article, however, has adopted a different approach, based on tracing or examining the fundamental. Conceptions from which the different positions on insurance flow, and evaluate them in the light of their understanding of the system of insurance. There are ...

أ.د. فتحي عبد الرحيم عبد الله - نظام التأمين في دولة الإمارات العربية المتحدة

Journal Sharia and Law

يعد نظام التأمين حديث النشأن وذلك رغم ذيوعه وانتشاره في التجارة والصناعة وغيرها من وجوه النشاط الاقتصادي وهو أكثر حداثة في دولة الإمارات العربيةالمتحدة، إذ بدأ ينتشر فيها قبيل الاستقلال مع ظهور الاكتافات النفطية عام 1960 ويميز فقهاء القانون بين التأمين من ناحية تنظيمه الداخلي باعتباره فكرة وطريقة ذات أثر اقتصادي واجتماعي ترتكز على نظرية عامة ذات قواعد وأسس فنية، وبين عقد التأمين باعتباره تصرفاً قانونياً ينشئ حقوقاً بين طرفين متعاقدين وتطبيقاً عملياً لذلك النظام.

وقد ظهر أول تنظيم تشريعي لشركات ووكلاء التأمين بالدولة بصدور القانون الاتحادي رقم 9 لسنة 1984 وكان قد صدر من قبل التنظيم القانوني لعقد التأمين ...

مدى خضوع التأمين التجاري لأحكام عقد التأمين في قانون المعاملات المدنية

Journal Sharia and Law

تعليق على أحكام محكمة تمييز دبي في شأن القانون الواجب التطبيق على التأمين التجاري

بشان القانون الواجب التطبيق على التأمين التجاري

تعليق على حكم محكمة (غير محكم)

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.

Death By Denial: Pre-Existing Conditions As A Bar To Accident Insurance Recovery, Madeleine M. Kausel

Boston College Law Review

On February 4, 2020, the United States Court of Appeals for the First Circuit, in Arruda v. Zurich American Insurance Co., held that an insurance plan administrator’s denial of coverage was not an abuse of discretion because the plan participant’s pre-existing medical conditions contributed to his accidental death. The First Circuit rejected the “substantial factor” test and applied a plain meaning approach. In reaching this conclusion, the court split from the Fourth, Ninth, and Eleventh Circuits’ interpretations of ERISA-covered accident policies. This Comment argues that the First Circuit should have applied the substantial factor test because, unlike 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

Journal Sharia and Law

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 ...

Insurable Interest In Life Insurance Contract: A Legal Comparative Study Under The Jordanian Civil Law, Dr. Rasha Hattab, Nisreen Mahasneh

Journal Sharia and Law

Insurable Interest has not been dealt with by the Jordanian Civil Law in the course of regulating insurance contracts. In life insurance contracts, the “Insurable Interest” represents the “Benefit” that the “Beneficiary” receives once “Insured Risk” has taken place. As such, “Insurable Interest” becomes a standard in differentiating between gambling and a legitimate contract. Further, it must exist at the time of contract conclusion and remains throughout its implementation. As with some comparative laws, the Civil Code of Jordan contains some forms of protecting the interest in life insurance contracts, such as depriving the beneficiary from the insurance proceeds, if ...

Extent Of The Sufficiency Of The Legal Guarantees For The Protection Of The Insured Against The Condition Of The Forfeiture Of The Right For The Warrant Prescribed In The Insurance Policy Under The Jordanian Legislation; A Comparative Study, Nabeel Al Shatanawi, Jamal Talal Al-Naimi

Journal Sharia and Law

Due to the lack of legislative provision in the Jordanian Civil Law about the penalty stipulated as a result of the breach in the commitment to notify about the occurrence of the risk, it has been a well-established practice within the Insurance company not to be sufficed by the general rules of penalties. Thus, this paragraph was added to the insurance policy, whether or not related to a legal commitment or through agreement, a penalty concerning the violation if notifying about the risk occurrence, that the right of the insured in the insurance amount is forfeited, in spite of the ...

A Public Option For Employer Health Plans, Allison K. Hoffman, Howell E. Jackson, Amy Monahan

Faculty Scholarship at Penn Law

Following the 2020 presidential election, health care reform discussions have centered on two competing proposals: Medicare for All and an individual public option (“Medicare for all who want it”). Interestingly, these two proposals take starkly different approaches to employer-provided health coverage, long the bedrock of the U.S. health care system and the stumbling block to many prior reform efforts. Medicare for All abolishes employer-provided coverage, while an individual public option leaves it untouched.

This Article proposes a novel solution that finds a middle ground between these two extremes: an employer public option. In contrast to the more familiar public ...

Go Phish: Circuit Split In Policy Interpretation For Social Engineering Fraud Losses Creates Ambiguity For Insurers And Insureds, Gabriella Scott

Villanova Law Review

No abstract provided.

The Extent Of Insurance Coverage To Terrorism-Related Aviation Incidents, Dr. Abdullah Al Tarawneh

Journal Sharia and Law

The insurance for terrorist Air-Attacks is considered as a new technique for protection the social interests of the victims of terrorist air accidents. This technique has not occupied a great attention of the legislators, except some of international legislations and national laws, which expressly provide for the compensations of the victims of air terrorism, without founding the legal framework for such compensation. The compensation takes many forms, such as State’s aids or Insurance companies’ compensations.

The dialectic of insurance cannot be tuned, unless after determining the responsibility of wrongdoer who causes the accident of air terrorism. This means, the ...

Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker

Boston College Law Review

Insurance ideas inform legal thought: from tort law, to health law, to theories of distributive justice. Within legal thought, insurance is often conceived as an ideal type in which insurers distribute determinable risks through contracts that fix the parties’ obligations in advance. This ideal type has normative appeal because, among other reasons, it explains how tort law might achieve in practice the objectives of tort theory, such as deterrence and loss-spreading. Significantly for tort theory, this ideal type supports a restrictive vision of liability-based regulation because uncertainty poses an existential threat to insurance markets that are understood to require insurance ...

Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill

Dickinson Law Review

Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On ...

Uncertainty > Risk: Lessons For Legal Thought From The Insurance Runoff Market, Tom Baker

Faculty Scholarship at Penn Law

Insurance ideas inform legal thought: from tort law, to health law and financial services regulation, to theories of distributive justice. Within that thought, insurance is conceived as an ideal type in which insurers distribute determinable risks through contracts that fix the parties’ obligations in advance. This ideal type has normative appeal, among other reasons because it explains how tort law might achieve in practice the objectives of tort theory. This ideal type also supports a restrictive vision of liability-based regulation that opposes expansions and supports cutbacks, on the grounds that uncertainty poses an existential threat to insurance markets.

Prior work ...

Tran V. Minnesota Life Insurance Co., Thomas Gawel

NYLS Law Review

No abstract provided.

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 ...

Prisons, Nursing Homes, And Medicaid: A Covid-19 Case Study In Health Injustice, Mary Crossley

Articles

The unevenly distributed pain and suffering from the COVID-19 pandemic present a remarkable case study. Considering why the coronavirus has devastated some groups more than others offers a concrete example of abstract concepts like “structural discrimination” and “institutional racism,” an example measured in lives lost, families shattered, and unremitting anxiety. This essay highlights the experiences of Black people and disabled people, and how societal choices have caused them to experience the brunt of the pandemic. It focuses on prisons and nursing homes—institutions that emerged as COVID-19 hotspots –and on the Medicaid program.

Black and disabled people are disproportionately represented ...

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Community Health Benefits And For-Profit Hospitals: The Need For New Legislation, Sarah Colgan

Journal of Law and Policy

For-profit hospitals and non-profit hospitals fundamentally have two separate goals they wish to achieve. For-profits seek profit maximization, while non-profits, as a result of their federal tax-exempt status, are required to maintain missions dedicated to serving the public and subsequently, the indigent and uninsured. With the passage of the Patient Protection and Affordable Care Act, the goals of the Nation’s health care system began to shift towards more cost effective and high-quality treatment that focuses on providing preventative health care access to all Americans to reach a more health equitable society. This Note offers a dual approach that will ...