Insurance,
2017
Mercer University School of Law
Insurance, Bradley S. Wolff, Maren R. Cave, Stephen M. Schatz
Mercer Law Review
During this survey period, the Georgia state and federal courts decided questions of first impression related to uninsured motorist (UM) coverage holding that, although umbrella policies are no longer required to provide UM coverage, the statutory notice requirements must be strictly followed before such coverage can be dropped in a renewal and that the "vertical exhaustion requirements" contained in excess policies do not violate the UM statute. Another first impression decision involved the correct interpretation of the statute providing for pre-suit offers in motor vehicle injury cases and whether timely payment may be a condition of acceptance. Other cases decided …
Religious Employers And Statutory Prescription Contraceptive Mandates,
2017
St. John's University School of Law
Religious Employers And Statutory Prescription Contraceptive Mandates, Susan J. Stabile
The Catholic Lawyer
No abstract provided.
Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception,
2017
St. John's University School of Law
Illusion Or Protection? Free Exercise Rights And Laws Mandating Insurance Coverage Of Contraception, Edward T. Mechmann, Esq.
The Catholic Lawyer
No abstract provided.
Defective Construction Cgl Coverage: The Subcontractor Exception,
2017
University of Michigan Law School
Defective Construction Cgl Coverage: The Subcontractor Exception, Christian H. Robertson Ii
Michigan Business & Entrepreneurial Law Review
In the construction industry, commercial general liability (CGL) insur-ance is the standard policy for managing property damage risks. Histori-cally, CGL policies do not cover an insured’s own defective construction because the insured controls its own work and can reasonably foresee the damage that may result from defective work. But what about the defective work of an insured’s subcontractor? Practical considerations limit an in-sured’s effective control of every aspect of a subcontractor’s work, and this limitation complicates the insured’s ability to foresee future risks. In 1986, the increasing involvement of subcontractors led general contractors to in-sist upon protection from subcontractor work …
Insurance Coverage Issues In Cases Of Clergy Misconduct,
2017
St. John's University School of Law
Insurance Coverage Issues In Cases Of Clergy Misconduct, James A. Serritella
The Catholic Lawyer
No abstract provided.
The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle,
2017
University of Maine School of Law
The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt
Maine Law Review
This paper suggests how the duty to settle, which requires liability insurers to pay damages awarded against their insured in excess of the policy limits when the insurers reject a reasonable settlement offer within the limits, may have indirectly led certain of their insureds--small business recreational vendors like horse riding stables or some motels offering swimming pools with diving boards--to sanitize the recreational activities they offer. More generally, the duty to settle's effect on the lawsuits injured customers brought against small business recreational vendors may have led a wide variety of such vendors to sanitize activities the vendors previously offered …
Litigating Against Distant Insurance Carriers,
2017
St. John's University School of Law
Litigating Against Distant Insurance Carriers, Michael C. Geraghty
The Catholic Lawyer
No abstract provided.
End (Finally) The Boli And Coli Tax Subsidy,
2017
Boston University School of Law
End (Finally) The Boli And Coli Tax Subsidy, David I. Walker
Faculty Scholarship
Under current law, bank-owned life insurance (BOLI) and other corporate-owned life insurance (COLI) provide a tax-advantaged means of accumulating assets to fund employee and executive benefit programs, provide insurance against the loss of a pivotal employee (“key person” insurance), or fund buy-sell agreements that are sometimes used to resolve succession issues at closely held companies. In a typical arrangement, an employer pays the premiums and receives the proceeds from the policy. BOLI and COLI products combine insurance with investment and generate tax benefits in two ways. First, taxation of gains accruing between investment and payout is deferred. Second, if payouts …
Reading Alexander V. Choate Rightly: Now Is The Time,
2017
S.J. Quinney College of Law, University of Utah
Reading Alexander V. Choate Rightly: Now Is The Time, Leslie Francis, Anita Silvers
Utah Law Faculty Scholarship
Whatever happens to the Affordable Care Act (ACA) over the next few years, it is fair to assume that state Medicaid programs will be subjected to cost control measures. Despite the recent deployment of substantial arguments to the contrary, the belief still persists that the Supreme Court’s decision in Alexander v. Choate over thirty years ago stands for the proposition that disability anti-discrimination law does not impose requirements on the structure of Medicaid benefits. This belief is misleading at best. In this article, we challenge the access/content distinction and the straitened interpretation of Alexander v. Choate that has resulted from …
Anthem Health Plans Of Maine, Inc. V. Superintendent Of Insurance: Judicial Restraint Or Judicial Abdication?,
2017
University of Maine School of Law
Anthem Health Plans Of Maine, Inc. V. Superintendent Of Insurance: Judicial Restraint Or Judicial Abdication?, David E. Sorensen
Maine Law Review
When Maine’s Superintendent of Insurance told the state’s largest health insurer that it could not profit in 2009, her decision ended up on appeal before the Maine Supreme Judicial Court, sitting as the Law Court, in Anthem Health Plans of Maine, Inc. v. Superintendent of Insurance. As part of its annual rate approval process, Anthem had requested a 3% profit and risk margin on its individual lines of health insurance in Maine. Superintendent Mila Kofman denied this request under her statutory authority to deny any rate increase proposals that are “excessive, inadequate or unfairly discriminatory.” The Superintendent held that a …
Diocesan Self-Insurance Programs: The Philadelphia Approach,
2017
St. John's University School of Law
Diocesan Self-Insurance Programs: The Philadelphia Approach, John P. O'Dea
The Catholic Lawyer
No abstract provided.
Key New Hampshire And Federal Statutes Regulating Health Care Delivery And Payment,
2017
University of New Hampshire School of Law
Key New Hampshire And Federal Statutes Regulating Health Care Delivery And Payment, Lucy Hodder
Law Faculty Scholarship
A summary of New Hampshire and federal regulations by subject matter, chart of New Hampshire state agency responsibilities, federal laws and regulation: An index
Table Of Contents,
2017
Marquette University Law School
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Activation Measures In Social Security: Lessons From The Dutch Case ,
2017
Marquette University Law School
Activation Measures In Social Security: Lessons From The Dutch Case
Marquette Benefits and Social Welfare Law Review
Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that …
Erisa And Graham-Cassidy: A Disaster In Waiting For Employee Health Benefits And For Dependents Under 26 On Their Parents’ Plans,
2017
S.J. Quinney College of Law, University of Utah
Erisa And Graham-Cassidy: A Disaster In Waiting For Employee Health Benefits And For Dependents Under 26 On Their Parents’ Plans, Leslie Francis
Utah Law Faculty Scholarship
Graham Cassidy § 105 would repeal the ACA “employer mandate”. Although its sponsors claim that the bill will give states a great deal of flexibility, it will do nothing to help states ensure that employers provide their employees with decent health insurance; quite the reverse. It will also give employers the freedom to ignore the popular ACA requirement that allows children up to age 26 to receive coverage through their parent’ plans, at least when their parents get health insurance from their employers. Here’s why.
Small Change, Big Consequences — Partial Medicaid Expansions Under The Aca,
2017
Harvard University
Small Change, Big Consequences — Partial Medicaid Expansions Under The Aca, Adrianna Mcintyre, Allan M. Joseph, Nicholas Bagley
Articles
Though congressional efforts to repeal and replace the Affordable Care Act (ACA) seem to have stalled, the Trump administration retains broad executive authority to reshape the health care landscape. Perhaps the most consequential choices that the administration will make pertain to Medicaid, which today covers more than 1 in 5 Americans. Much has been made of proposals to introduce work requirements or cost sharing to the program. But another decision of arguably greater long-term significance has been overlooked: whether to allow “partial expansions” pursuant to a state Medicaid waiver. Arkansas has already submitted a waiver request for a partial expansion, …
Transforming The Insurance Sector In Nigeriain Using The Fss 2020 Platform,
2017
Central Bank of Nigeria
Transforming The Insurance Sector In Nigeriain Using The Fss 2020 Platform, Chris O. Muo
Bullion
The National lnsurance Commission (NAICOM) is the statutory Regulatory body of insurance business created to ensure the effective administration, supervision and regulation of insurance business and regulate transactions between insurers and reinsurers within and outside Nigeria. FSS 2020 Insurance Sector, in collaboration with NAICOM aims to deepen the insurance market; ensure lnsurance credibility and protect policy holders; Embed governance and risk management framework for the lnsurance Companies; Enhance access to finance (financial inclusion) with business development support and new products; and risk-based capitalization of lnsurance Companies.
The Perfect Storm Is Brewing Once Again: What Scaling Back Dodd-Frank Will Mean For The Credit Default Swap,
2017
Pepperdine University
The Perfect Storm Is Brewing Once Again: What Scaling Back Dodd-Frank Will Mean For The Credit Default Swap, Daniel Isaacson
The Journal of Business, Entrepreneurship & the Law
The current presidential administration has expressed a concerted desire to “scale back” and even “get rid of” the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd–Frank). Focusing specifically on Dodd–Frank’s regulation of the credit default swap (CDS), this Article explores two timely queries. First, whether Dodd–Frank’s regulatory response to these financial instruments is a justifiable one, and second, what effect a repeal may have. This Article will show that the “perfect storm” CDS—which contributed so significantly to the 2007–2010 financial crisis—flourished in a regulatory environment that contained two key weaknesses: (1) few restrictions on excessive speculation; and (2) the …
The Authority Of The Financial Services Authority (Ojk) In Publishing Insurance Regulation In The Perspective Of Insurance Law In Indonesia,
2017
Faculty of Law Universitas Andalas, Padang
The Authority Of The Financial Services Authority (Ojk) In Publishing Insurance Regulation In The Perspective Of Insurance Law In Indonesia, Wetria Fauzi
Jurnal Hukum & Pembangunan
Legal basis of the formation of the Financial Services Authority (OJK) is based on the Article 34 of the Law No. 3 of 2004 on Bank Indonesia. The legislation process was then approved and endorsed the Law No. 21 of 2011 on the Financial Services Authority (OJK). Article 6 of the law gives the OJK authority to supervise both for bank and non-bank financial institution, including insurance agencies. Article 5 of the Insurance Law, OJK is given a mandate to make a regulation to expand the scope of the insurance business activities in accordance with the needs of the society. …
Dfs Comment Letter Regarding Title Insurance Proposed Regulations,
2017
Cornell Law School
Dfs Comment Letter Regarding Title Insurance Proposed Regulations, David J. Reiss
Cornell Law Faculty Working Papers
No abstract provided.
