Adjusting The Benefits And Burdens Of Economic Life For The Public Good: The Aca's Medical Loss Ratio As A Constitutional Regulation Of Health Insurance Companies,
2015
William & Mary Law School
Adjusting The Benefits And Burdens Of Economic Life For The Public Good: The Aca's Medical Loss Ratio As A Constitutional Regulation Of Health Insurance Companies, Susanne Cordner
William & Mary Bill of Rights Journal
No abstract provided.
Three Words And The Future Of The Affordable Care Act,
2015
University of Michigan Law School
Three Words And The Future Of The Affordable Care Act, Nicholas Bagley
Articles
As an essential part of its effort to achieve near universal coverage, the Affordable Care Act (ACA) extends sizable tax credits to most people who buy insurance on the newly established health care exchanges. Yet several lawsuits have been filed challenging the availability of those tax credits in the thirty-four states that refused to set up their own exchanges. The lawsuits are premised on a strained interpretation of the ACA that, if accepted, would make a hash of other provisions of the statute and undermine its effort to extend coverage to the uninsured. The courts should reject this latest effort …
The Unintended Effects Of Government-Subsidized Weather Insurance,
2015
University of Chicago
The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue
Articles
Catastrophes from severe weather are perhaps the costliest accidents humanity faces. While we are still a long way from technologies that would abate the destructive force of storms, there is much we can do to reduce their effect. True, we cannot regulate the weather, but through smart governance and correct incentives we can influence human exposure to the risk of bad weather. We may not be able to control wind or storm surge, but we can prompt people to build sturdier homes with stronger roofs far from floodplains. We call these catastrophes "natural disasters," but they are the result of …
State Farm Mut. Auto. Ins. Co. V. Hansen, 131 Nev. Adv. Op. 74 (Sept. 24, 2015),
2015
Nevada Law Journal
State Farm Mut. Auto. Ins. Co. V. Hansen, 131 Nev. Adv. Op. 74 (Sept. 24, 2015), Kristen Matteoni
Nevada Supreme Court Summaries
Under Nevada law, an insurer is required to provide independent counsel of the insured choosing when a conflict of interest arises between the insured and the insurer. A reservation of rights fails to create a per se conflict of interest. Instead, the courts must analyze on a case-by-case basis whether an actual conflict exists. Only if an actual conflict exists, must an insurer be obligated to provide the insured with independent counsel.
The Family Llc: A New Approach To Insuring Dynastic Wealth,
2015
Pepperdine University
The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan Michael Purcell
The Journal of Business, Entrepreneurship & the Law
This Article introduces the taxpayer to the basic background principles needed to understand the inner workings of the investment, then provides a guide to drafting considerations for the family's attorney, and concludes with a general plan to maintain business legitimacy and take advantage of tax-favored status, while retaining the flexibility essential to combating the unexpected. Part II addresses the historically favored tax treatment of life insurance products, as well as relatively recent restrictive reforms. Part III addresses the background foundation of the LLC entity and surveys its skeletal structure. Part IV introduces a practical example of how to create an …
The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith,
2015
Florida State University
The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen
West Virginia Law Review
No abstract provided.
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America,
2015
Villanova University Charles Widger School of Law
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher C. French
Villanova Law Review (1956 - )
No abstract provided.
Legal Regime Of Marine Insurance In Arctic Shipping: Safety & Environmental Implications,
2015
Dalian Maritime University
Legal Regime Of Marine Insurance In Arctic Shipping: Safety & Environmental Implications, Proshanto K. Mukherjee, Huiru Liu
ShipArc 2015 Conference
No abstract provided.
Arctic Shipping & Liability For Harm To Natural Resources,
2015
Adam Mickiewicz University of Poznan
Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski
ShipArc 2015 Conference
No abstract provided.
Uninsured Motorists Coverage Validity Of Other Insurance Provisions; Curran V. State Automobile Mutual Insurance Co.,
2015
The University of Akron
Uninsured Motorists Coverage Validity Of Other Insurance Provisions; Curran V. State Automobile Mutual Insurance Co., Dennis J. Fox
Akron Law Review
It was the contention of the defendant-appellant insurers that their liability was limited in both instances by the "other insurance" provisions of their respective policies. These provisions were both "excess insurance" clauses. The Ohio Supreme Court, in ruling upon what it considered to be the sole issue in this case, denied effectiveness to these clauses.
Uninsured Motorists Coverage Validity Of Other Insurance Provisions; Curran V. State Automobile Mutual Insurance Co.,
2015
The University of Akron
Uninsured Motorists Coverage Validity Of Other Insurance Provisions; Curran V. State Automobile Mutual Insurance Co., Dennis J. Fox
Akron Law Review
It was the contention of the defendant-appellant insurers that their liability was limited in both instances by the "other insurance" provisions of their respective policies. These provisions were both "excess insurance" clauses. The Ohio Supreme Court, in ruling upon what it considered to be the sole issue in this case, denied effectiveness to these clauses.
Uninsured Motorist Coverage - Scope Of The Term - "Uninsured Motorist"; Porter V. Empire Fire And Marine Insurance Co.,
2015
The University of Akron
Uninsured Motorist Coverage - Scope Of The Term - "Uninsured Motorist"; Porter V. Empire Fire And Marine Insurance Co., Dennis J. Fox
Akron Law Review
The appellant, James T. Porter, was involved in an automobile accident in which he and four other persons were injured. The tortfeasor was insured to the extent of the statutory minimum ($10,000-$20,000) as provided for by the Arizona Financial Responsibility Act.' The appellant subsequently obtained a judgment against the tortfeasor for $10,000. He then entered into a proposed settlement with the tortfeasor's insurer under which he was to receive $2,500 of the $20,000 of insurance proceeds available for allocation among the injured parties. Mr. Porter notified his insurer (the appellee) of the proposed settlement and requested the appellee satisfy the …
Property Insurance For Ohio's Urban Areas,
2015
The University of Akron
Property Insurance For Ohio's Urban Areas, R. D. Welsh
Akron Law Review
Thirty-eight million dollars damage to property occurred in Watts in 1965, $49,000,000 in Detroit, and $10,000,000 in Newark, New Jersey in 1967, plus many others that have resulted in about $187,000,000 being paid in the five years ending in 1968. Until Watts, riot coverage was provided as an afterthought by the insurance industry with little or no additional charge. Besides this problem, insurers were faced with loss of reinsurance by foreign reinsurers alarmed by inability of Government authorities to maintain law and order.
Uninsured Motorist Coverage - Scope Of The Term - "Uninsured Motorist"; Porter V. Empire Fire And Marine Insurance Co.,
2015
The University of Akron
Uninsured Motorist Coverage - Scope Of The Term - "Uninsured Motorist"; Porter V. Empire Fire And Marine Insurance Co., Dennis J. Fox
Akron Law Review
Absent a statutory definition of "uninsured motorist," the court under its powers of construction must, in a functional sense, legislate the gap-filling language. The outcome elsewhere on facts similar to those in Porter will depend, in part, on whether the legislature in adopting uninsured motorist statutes, have incorporated a definition of its terms.
Automobile Insurance Rates: Promulgation, Regulation, And Equal Protection,
2015
The University of Akron
Automobile Insurance Rates: Promulgation, Regulation, And Equal Protection, James J. Mcgraw
Akron Law Review
T HE INTEREST in the price one pays for automobile insurance continues to grow at a rapid pace. The reason for this growing consumer interest may be attributed to the equally increasing need for automobiles, the price paid for them, and consequently, the need for insurance protection. This insurance protection has developed into a matter of major economic consequence to the auto owner.....The key to improved and efficient rate-watching is in the good faith efforts and perseverance of the policyholders themselves. Accordingly, an examination of the effects of consumerism along with a discussion of modern rate and regulatory developments is …
Some Comments In Favour Of The Abolition Of Fault Law,
2015
The University of Akron
Some Comments In Favour Of The Abolition Of Fault Law, William F. Foster
Akron Law Review
THE ALARMING NUMBER of automobile accidents resulting in death or injury to thousands of persons each year and the direct and indirect costs associated with these accidents is one of the more depressing features of modern life. Unfortunately, there is no reason to believe that there will be a dramatic improvement in this situation in the foreseeable future because: automobile transportation is central to the North American way of life, the majority of drivers have no competence in anything but routine driving situations, and often factors beyond a motorist's control cause or contribute to accidents. For these reasons it is …
Burglary Insurance Policies; Reasonable Expectations; Unconscionability; Application Of Implied Warranty Of Fitness; C & J Fertilizer, Inc. V. Allied Mutual Ins. Co.,
2015
The University of Akron
Burglary Insurance Policies; Reasonable Expectations; Unconscionability; Application Of Implied Warranty Of Fitness; C & J Fertilizer, Inc. V. Allied Mutual Ins. Co., Janice Gui
Akron Law Review
THE IOWA SUPREME COURT handed down a landmark decision in C & I Fertilizer, Inc. v. Allied Mutual Ins. Co.', in holding that insurance policies carry implied warranties that they are fit for their intended use. The impetus for this decision was a clause in a burglary and robbery policy which defined "burglary" as . . . the felonious abstraction of insured property . . . from within the premises by a person making felonious entry therein by actual force and violence, of which force and violence there are visible marks made by tools, explosives, electricity or chemicals upon, or …
Petition For A Writ Of Certiorari. Rochow V. Life Insurance Company Of North America, 136 S. Ct. 480 (2015) (No. 15-163), 2015 U.S. S. Ct. Briefs Lexis 2657,
2015
University of Washington School of Law
Petition For A Writ Of Certiorari. Rochow V. Life Insurance Company Of North America, 136 S. Ct. 480 (2015) (No. 15-163), 2015 U.S. S. Ct. Briefs Lexis 2657, Eric Schnapper, Erik W. Scharf, John J. Cooper
Court Briefs
QUESTION PRESENTED When a benefit plan, in violation of ERISA, wrongfully denies or delays payment of a benefit, the court may award relief because of the improper delay in the payment of that benefit. The question presented is: Should 'the amount of a remedy based on the improper delay in the payment of a benefit be based on: (1) only the amount needed to redress the loss that the beneficiary sustained as a result of the wrongful delay (the rule in the Sixth Circuit), (2) either the amount needed to redress the loss that the beneficiary sustained as a result …
In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp.,
2015
The University of Akron
In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus
Akron Law Review
The United States Court of Appeals, Second Circuit, in O'Connor v. Lee-Hy Paving Corp., upheld New York's insurance attachment procedure which serves as a vehicle for gaining personal jurisdiction over out-of-state defendants in causes of action that arise outside of New York. The court thereby determined that New York federal courts, in applying the procedures, had not violated defendant's due process because the minimum contacts requirement of the recent United Stated Supreme Court case, Shaffer v. Heitner, had been met.
Tortious Liability For Bad Faith Refusal To Pay,
2015
The University of Akron
Tortious Liability For Bad Faith Refusal To Pay, Jeffrey Schobert
Akron Law Review
In Hoskins v. Aetna Life Ins. Co., the Ohio Supreme Court imposed on insurers a good faith duty in any refusal to pay claims made by their insured. Its decision placed Ohio among a growing number of jurisdictions that have recognized this good faith duty. The court adopted its rationale by relying heavily on existing insurance case law in the refusal-to-settle third-party claims type actions. The court defined the standard of good faith in terms of a reasonable justification by the insurer in refusing to pay a claim "because it believed there was no coverage of the claim." The …
