Reconstructing The Individual Mandate As An Escrow Account,
2010
University of North Carolina School of Law
Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky
Michigan Law Review First Impressions
The recent health care reform law's most controversial provision is the individual mandate, which imposes a fine on individuals who fail to obtain a minimum level of health insurance coverage. Many object to this policy, arguing that the government shouldn't force individuals to purchase health insurance. Others believe that the mandate is a necessary component to health care reform. What has been missed in the discussion is that Congress could restructure the individual mandate to avoid the requirement that individuals purchase health insurance while still fulfilling its principal function. The principal purpose of the mandate is not to require individuals …
Symbiotic Reform To Regulate The Insurance Industry: Regulators, Market Access, And Antitrust Issues In The U.S. And Korea,
2010
Maurer School of Law - Indiana University
Symbiotic Reform To Regulate The Insurance Industry: Regulators, Market Access, And Antitrust Issues In The U.S. And Korea, Sung Keun Chun
Maurer Theses and Dissertations
This dissertation deals with different issues together: regulators, market access, and antitrust in the insurance industry in the U.S. and Korea. The insurance market is regulated by the state alone and more than 51 requirements exist to establish an insurance company in the U.S. The insurance industry is also statutorily exempted from federal antitrust laws in certain conditions under the McCarran-Ferguson Act, which is facing proposals to reveal or revise it from Congress. The appropriate licensing policy is important because it can contribute highly to social welfare and protect the market failure. The proper application of antitrust law with a …
The Insurance Policy As Social Instrument And Social Institution,
2010
William & Mary Law School
The Insurance Policy As Social Instrument And Social Institution, Jeffrey W. Stempel
William & Mary Law Review
This Article suggests that insurance policies are not merely contracts but also are designed to perform particular risk management, deterrence, and compensation functions important to economic and social ordering. Recognizing this fact has significant implications regarding the manner in which insurance policies are construed in coverage disputes. From this insight flow interpretative consequences suggesting that policy construction can be improved by not only performing traditional contract analysis of disputed policies but also appreciating the particular function of the insurance policy in question as part of the insurance product’s larger role as a social and economic instrument or institution. Applying this …
Failure To Allocate? Nobody Pays: Using Miller Shugart Settlements In Cases Of Questionable Insurance Coverage,
2010
Mitchell Hamline School of Law
Failure To Allocate? Nobody Pays: Using Miller Shugart Settlements In Cases Of Questionable Insurance Coverage, Jerome Abrams
Journal of Law and Practice
No abstract provided.
The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports,
2010
Villanova University Charles Widger School of Law
The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010),
2010
UIC School of Law
Are You Covered? The Need For Improvement In Insurance Coverage For Autism Spectrum Disorder, 44 J. Marshall L. Rev. 291 (2010), Marissa Mazza
UIC Law Review
No abstract provided.
Form & Reform: The Economic Realities Of The United States Healthcare System,
2010
Case Western Reserve University
Form & Reform: The Economic Realities Of The United States Healthcare System, Mark Votruba
Journal of Law and Health
Good afternoon, everybody. My name is Eric Steiger, I'm one of the editors-in-chief from the Journal of Law and Health. And I'm happy to welcome all of you to the second speaker event in the 2009/2010 Journal of Law and Health Speaker Series. Thank you all for coming. Now, I know that the news last week was dominated by the story of Sandra Bullock's breakup; however, some of you might have noticed that a small piece of minor legislation also got passed through Congress last week. And you also might have noticed that it wasn't quite as full of bipartisan …
Following The Money – The Chaotic Kerfuffle Over Residential Insurance Proceeds That Simultaneously Are The Only Rebuild Funds And The Only Mortgage Collateral,
2010
California Western School of Law
Following The Money – The Chaotic Kerfuffle Over Residential Insurance Proceeds That Simultaneously Are The Only Rebuild Funds And The Only Mortgage Collateral, Kenneth S. Klein
Faculty Scholarship
In an average year in the United States, 30,000 homes are lost to fire, flood, or another similar disaster. In 2003, one of those homes was mine. Since that time, I have spent literally thousands of hours counseling hundreds of survivors of other disasters (including wildfires, Hurricane Katrina, and the crash of a military jet into a residential neighborhood) on the unique set of emotional, financial, and legal challenges that define their road to recovery. One of the recurring and yet repetitively unanticipated challenges is the tug of war between homeowners and their mortgage lender/mortgage servicer over money. That challenge …
On The Constitutionality Of Health Care Reform,
2010
Duke Law School
On The Constitutionality Of Health Care Reform, Barak D. Richman
Faculty Scholarship
This commentary describes the legal challenges to the Patient Protection and Affordable Care Act.
The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation,
2010
University of Georgia School of Law
The Parity Cure: Solving Unequal Treatment Of Mental Illness Health Insurance Through Federal Legislation, Christopher J. Churchill
Georgia Law Review
American health care reform has drawn both impassioned critics and vociferous supporters. Although underinsured and uninsured Americans face a dire plight, the mentally ill-even those with private health insurance-confront even greater hurdles. While drawing substantially less outcry, many insurance plans place limits on mental illness coverage that do not apply to physical illnesses. Though Congress recently passed the Mental Health Parity and Addiction Equity Act of 2008 (the MHPAEA), it did not solve the problem. The MHPAEA eliminates some disparity-such as higher deductibles for mental health treatment-but still allows insurers to impose unequal annual coverage limits. Furthermore,the MHPAEA shares the …
Desperate Doctors And Antitrust Laws: The Best Ways For Lawmakers To Simulate Physician Collective Bargaining,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Desperate Doctors And Antitrust Laws: The Best Ways For Lawmakers To Simulate Physician Collective Bargaining, Cristina Olson
Nevada Law Journal
This Note will examine the legality of bills that open up physician collective bargaining—and what kind of provisions lawmakers should include to ensure legality and good policy. Given the current economic downturn, states must look for ways to make health insurance more affordable; a low-cost adjustment of collective bargaining rules may be a good solution. Such an adjustment would not be the only, or necessarily the best, solution to the healthcare cost crisis that exists in America, but it would be worthwhile for legislators to consider. Furthermore, if lawmakers craft legislation that puts state governments in charge of actively supervising …
Much Ado About Possibly Pretty Little: Mccarran-Ferguson Repeal In The Health Care Reform Effort,
2010
Cleveland State University
Much Ado About Possibly Pretty Little: Mccarran-Ferguson Repeal In The Health Care Reform Effort, Christopher L. Sagers
Law Faculty Articles and Essays
Since 1945, the McCarran-Ferguson Act (MFA) has shielded the “business of insurance” from antitrust liability, so long as the challenged conduct is “regulated by State Law” and does not constitute “boycott, coercion, or intimidation.” This law, like the dozens of other statutory antitrust exemptions that still exist for other industries, has more or less always been controversial, and efforts to repeal it date back more than thirty years. This Essay asks two questions: (1) what consequences the pending repeal measures might have if one of them becomes law; and (2) what a close examination of this effort might teach us …
The Mccarran-Ferguson Act's Intersection With Foreign Insurance Companies,
2010
Cleveland State University
The Mccarran-Ferguson Act's Intersection With Foreign Insurance Companies, Angela D. Krupar
Cleveland State Law Review
This Note is designed to answer a simple question: must insurance companies incorporated in foreign countries follow the same rules as their competitors incorporated in this country? More specifically, it addresses whether the McCarran-Ferguson Act should reach foreign insurance companies and foreign commerce.
The Unappreciated Inportance, For Small Business Defendants, Of The Duty To Settle,
2010
Indiana University Maurer School of Law
The Unappreciated Inportance, For Small Business Defendants, Of The Duty To Settle, Robert H. Heidt
Articles by Maurer Faculty
No abstract provided.
Annuity Coeptis: Is There A Way To Avoid American Equity Investment Life Insurance Co. V. Sec Becoming A Herald For The Sec Gaining Regulatory Control Over All Securities-Related Insurance Products?,
2010
University of Connecticut
Annuity Coeptis: Is There A Way To Avoid American Equity Investment Life Insurance Co. V. Sec Becoming A Herald For The Sec Gaining Regulatory Control Over All Securities-Related Insurance Products?, Russell Hasan
Connecticut Insurance Law Journal
No abstract provided.
Cost Containment And The Patient Protection And Affordable Care Act,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher discusses the need for containing costs, as well as increasing access, for health case in the United States. He argues that for decades, the U.S. health care system has grappled with two key problems - inadequate access to coverage and increasingly unaffordable health care costs. During the debate that led to the enactment of the Patient Protection and Affordable Care Act, public officials recognized the need to address the problems of both access and cost, but in the end, the Act does far more about increasing access than it does about cutting costs. Professor Orentlicher …
The Insurance Policy As Social Instrument And Social Institution,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Insurance Policy As Social Instrument And Social Institution, Jeffrey W. Stempel
Scholarly Works
Insurance policies are classified as a species of contract. Although this characterization is correct, it is unduly narrow if used as the exclusive lens for assessing insurance policies, which are not merely contracts but also are designed to perform particular risk management, deterrence, and compensation functions important to economic and social ordering. Recognizing this has significant implications regarding the manner in which insurance policies are construed in coverage disputes and suggests that policy construction can be improved by not only performing traditional contract analysis of disputed policies but also by appreciating the particular function of the insurance policy in question …
Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization,
2010
University of Hawaii
Misclassifying The Insurance Policy: The Unforced Errors Of Unilateral Contract Characterization, Hazel G. Beh, Jeffrey W. Stempel
Scholarly Works
Insurance policies are traditionally classified as unilateral or “reverse-unilateral” contracts, a characterization we find largely incorrect, with problematic consequences for adjudication of insurance coverage disputes. In addition to the general difficulties attending the unilateral classification, the concept as applied to insurance policies is not only unhelpful but incorrect. Insurance policies are more accurately viewed as bilateral contracts. In addition, the unilateral characterization of insurance policies introduces error and inconsistency into the litigation of insurance controversies. In particular, the unilateral view tends toward excessive formalism and focus on so-called “conditions” precedent to coverage, eschewing material breach analysis and encouraging needless forfeitures …
The Insurance Policy As Statute,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Insurance Policy As Statute, Jeffrey W. Stempel
Scholarly Works
Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective primacy …
Auto Policy Conflicts Of Law In Montana,
2010
University of Montana School of Law
Auto Policy Conflicts Of Law In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article reviews the conflicts of law cases in Montana in chronological order. The article notes that the Montana Supreme Court followed a clear and predictable set of principles in dealing with the issue of what law applies to the out-of-state auto policy involved in an accident in Montana for almost thirty years, from Kemp in 1979 until Moodro in 2008. The end result of the last two years, however, is a confused abandonment of Montana's materially greater interest in its public policy protection for consumers of auto insurance. The article asserts that this interest needs to be inserted back …
