"Least Restrictive Means”: Burwell V. Hobby Lobby,
2015
Duke Law School
"Least Restrictive Means”: Burwell V. Hobby Lobby, Noah Marks
Faculty Scholarship
No abstract provided.
Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95,
2014
Nevada Law Journal
Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding
Nevada Supreme Court Summaries
In a dispute between an insured manufacturer and its insurer, the Supreme Court determined that contract interpretation is a question of law, which should be decided by the district court. Further, to determine which policy limit applies, the court must determine on what date the loss became manifest. The manifestation date is generally a question of fact to be decided by the jury, which the district court will apply and determine, as a matter of law, which policy limit applies.
Insurance,
2014
Mercer University School of Law
Insurance, Stephen L. Cotter, Stephen M. Schatz, Bradley S. Wolff
Mercer Law Review
No dramatic reversal of direction or case of first impression occurred this survey period. Rather, the courts continued to clarify and refine the fine lines of Georgia insurance law. Multiple opinions help carriers to better handle time-limit demands and to effectively reserve rights to known coverage issues. After decades of confusing opinions, it was finally made crystal-clear that an "occurrence" can exist where the damage is to the insured's work. The Great Recession brought Georgia an abundance of insurance rulings related to the risks encountered by financial institutions.
A Tribute To Eva Hanks,
2014
Benjamin N. Cardozo School of Law
Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims,
2014
Fordham University School of Law
Should Neither Wind Nor Rain Nor Hurricane Keep Victims From Recovery? Examining The Tort And Insurance Systems’ Ability To Compensate Hurricane Victims, Kathleen A. Zink
Fordham Law Review
Large-scale natural disasters, such as hurricanes, wreak tremendous havoc, causing billions of dollars in damages. Those who suffer serious damage may turn to their insurance providers or the tort system for compensation. But, both the tort and insurance systems present serious limitations to a hurricane victim’s recovery. This Note analyzes the goals and criticisms of these two systems to determine which compensates hurricane victims best. In light of its analysis, this Note ultimately concludes that neither system satisfactorily compensates victims. Yet, tort could play some role in hurricane-related damage. Tort law could effectively deter negligent behavior by imposing liability on …
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Carriage Of Hazardous Cargoes By Sea - The Hns Convention,
2014
Abo Akedemi University, Finland
Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein
Georgia Journal of International & Comparative Law
No abstract provided.
What America Can Learn From Canada's Progressive Decision In Commercial General Liability Policy Coverage Litigation Over Construction Defects,
2014
Benjamin N. Cardozo School of Law
What America Can Learn From Canada's Progressive Decision In Commercial General Liability Policy Coverage Litigation Over Construction Defects, Qifu Li
Cardozo Journal of International and Comparative Law
The note advocates for a more consistent approach in the United States for determining Commercial General Liability (CGL) insurance coverage of construction defects, drawing inspiration from Canada's jurisprudence. It critiques the current jurisdictional split in the U.S., where some states cover such defects while others do not, and argues that adopting a uniform approach similar to Canada's three-step framework would reduce legal disputes and align policies with the reasonable expectations of insured parties.
Nondiscrimination In Insurance: The Next Chapter,
2014
University of Richmond
Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen
Law Faculty Publications
Modern federal civil rights legislation prohibits race and gender discrimination in many important sectors of the American economy, including employment, education, public accommodations, housing, and credit. No comparable comprehensive federal civil rights legislation bans race and gender discrimination in the business of insurance-a business at the core of legal and social organization, culture, and finance. Why not?
Our 'Patchwork' Health Care System: Melodic Variations, Counterpoint, And The Future Role Of Physicians,
2014
Texas A&M University School of Law
Our 'Patchwork' Health Care System: Melodic Variations, Counterpoint, And The Future Role Of Physicians, William M. Sage
Faculty Scholarship
This Foreword to a forthcoming symposium on the "patchwork" health care system to be published in the Houston Journal of Health Law & Policy considers whether current reactions to fragmentation in health care represent minor variations on a longstanding theme in US health policy or offer a more substantial counterpoint to that theme. The theme is this: that perfect physicians should be allowed to control health care even if safeguards are needed in practice because real physicians are not perfect. The Foreword previews four scholarly articles featured in the published symposium. It concludes that, while all the articles present original …
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes,
2014
Loyola Law School
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin
Georgia Journal of International & Comparative Law
No abstract provided.
Section 1: Moot Court: King V. Burwell,
2014
William & Mary Law School
Section 1: Moot Court: King V. Burwell, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Trial And Settlement: A Study Of
High-Low Agreements,
2014
University of Michigan Law School
Trial And Settlement: A Study Of High-Low Agreements, J. J. Prescott, Kathryn E. Spier, Albert Yoon
Articles
This article presents the first systematic theoretical and empirical study of highlow agreements in civil litigation. A high-low agreement is a private contract that, if signed by litigants before trial, constrains any plaintiff’s recovery to a specified range. In our theoretical model, trial is both costly and risky. When litigants have divergent subjective beliefs and are mutually optimistic about their trial prospects, cases may fail to settle. In these cases, high-low agreements can be in litigants’ mutual interest because they limit the risk of outlier awards while still allowing mutually beneficial speculation. Using claims data from a national insurance company, …
The Unintended Federalism Consequences Of The Affordable Care Act’S Insurance Market Reforms,
2014
Pace University
The Unintended Federalism Consequences Of The Affordable Care Act’S Insurance Market Reforms, Joshua Phares Ackerman
Pace Law Review
This Article, which is the first to examine the relationship between the ACA’s insurance market reforms and state regulation of insurance, argues that states’ decisions to forego creating their own exchanges may mark the beginning of an important shift of regulatory authority from the states to the federal government. It begins by sketching the historical antecedents of the current allocation of state and federal authority over insurance regulation. The aim of this discussion is to highlight the unique role states play in the regulation of insurance as opposed to other financial products. Part III explains the pre-ACA structure of health …
Employer-Based Health Care Insurance: Not So Exceptional After All,
2014
University of Arkansas Little Rock
Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher
University of Arkansas at Little Rock Law Review
No abstract provided.
Lessons From The Enemy: Hmo To Aco,
2014
North Carolina Central University School of Law
Lessons From The Enemy: Hmo To Aco, Matthew Smith
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.
A Fiduciary Theory Of Health Entitlements,
2014
Columbia Law School
A Fiduciary Theory Of Health Entitlements, Margaux J. Hall
Cardozo Law Review
The Affordable Care Act's "contraceptive mandate" continues to generate controversy in courts and academic literature. While a growing body of scholarship analyzes the merits of employers' religious freedom claims, claims presently before the Supreme Court, academics and commentators have overlooked a more fundamental tension illuminated by the Act but predating its enactment: Historically, the law has empowered employers to make almost all decisions relating to the cost, quality, and accessibility of health insurance on behalf of employees with virtually unlimited discretion, even when those decisions have subverted employees' interests. While contraceptives are the current source of controversy, tensions exist around …
Summary Of Century Sur. Co. V. Casino W., Inc., 130 Adv. Nev. Op. 42,
2014
Nevada Law Journal
Summary Of Century Sur. Co. V. Casino W., Inc., 130 Adv. Nev. Op. 42, Michael Paretti
Nevada Supreme Court Summaries
The court determined whether two distinct provisions of an insurance policy regarding air pollution were subject to multiple reasonable interpretations.
Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation,
2014
Pepperdine University
Building A Better Laboratory: The Federal Role In Promoting Health System Experimentation, Kristin Madison
Pepperdine Law Review
While expanding federal involvement in the health care system, the Patient Protection and Affordable Care Act (ACA) preserves states' roles as policy laboratories and private providers' roles as health care delivery laboratories. State-based and provider-based laboratories suffer from many shortcomings, however, as mechanisms to develop, evaluate, and facilitate diffusion of reforms within the health system. This Article argues that the federal government can take steps to address these shortcomings. It first briefly reviews ACA provisions that promote policy and delivery experimentation. It then suggests that by tying funding to policy outcomes, making use of regulatory variation and regulatory menus, and …
Assessing The Insurance Role Of Tort Liability After Calabresi,
2014
Vanderbilt University Law School
Assessing The Insurance Role Of Tort Liability After Calabresi, W. Kip Viscusi, Joni Hersch
Vanderbilt Law School Faculty Publications
Calabresi’s theory of tort liability (1961) as a risk distribution mechanism established insurance as an objective of tort liability. Calabresi’s risk-spreading concept of tort has provided the impetus for much of the subsequent development of tort liability doctrine, including risk-utility analysis and strict liability. Calabresi’s analysis remains a powerful basis for modern tort liability. However, high transactions costs, correlated risks, catastrophic losses, mass toxic torts, shifts in liability rules over time, noneconomic damages, and punitive damages affect the functioning of tort liability as an insurance mechanism. Despite some limitations of tort liability as insurance, tort compensation serves both a compensatory …
