All Articles tagged Insurance

• Justice Commentaries
  September 27, 2020 EDT
  PERCEPTIONS OF EXONEREES: A REVIEW OF THE PSYCHOLOGICAL SCIENCE
  Lakia FaisonLaura Smalarz

  This article reviews psychological research on the reintegration challenges faced by exonerees with a particular emphasis on social perceptions of exonerated individuals.

• New York Appeals
  September 13, 2019 EDT
  GLOBAL REBRINGS THE LAW IN LINE WITH REINSURANCE INDUSTRY PRACTICE
  Thomas R. Newman

  The decisions in Global Reinsurance Corp. of America v. Century Indemnity Co. brought the current state of the law in line with generally accepted reinsurance industry practice.

• General
  February 28, 2019 EDT
  BUY INSURANCE OR ELSE?: RESURRECTING THE INDIVIDUAL MANDATE AT THE STATE LEVEL
  Brendan Williams

  This article traces the origin of the individual mandate, chronicles efforts by states to enact their own mandates, and concludes by questioning whether mandates are either necessary or politic.

• General
  April 08, 2016 EDT
  CAVEAT SETTLOR: INSURANCE COVERAGE SETTLEMENTS AND THE TRIUMPH OF POLICY LANGUAGE OVER PRECEDENT
  John F. O'Connor

  This article argues excess policy provisions conditioning coverage on the payment of full limits from lower-layer insurers complicate the settlement of complex insurance coverage disputes.

• General
  April 08, 2016 EDT
  BRIDGING THE GAP BETWEEN THE “HAVE” AND THE “HAVE-NOTS”: THE ACA PROHIBITS INSURANCE COVERAGE DISCRIMINATION BASED UPON INFERTILITY STATUS
  Marissa A. Mastroianni

  This article argues that the inequality in access to infertility treatments amongst Americans violates the ACA’s anti-discrimination framework.

• New York Appeals
  January 01, 2014 EDT
  NEW YORK STATE CLASS ACTIONS: MAKING IT WORK–FULFILLING THE PROMISE: SOME RECENT POSITIVE DEVELOPMENTS AND WHY CPLR 901(B) SHOULD BE REPEALED
  Thomas A. DickersonLeonard B. AustinBrian Zucco

  Since "Make It Work" was published there have been several positive developments in how New York state courts interpreted and implemented CPLR Article 9.

• General
  January 01, 2011 EDT
  KEEPING IT SIMPLE: HEALTH PLAN BENEFIT STANDARDIZATION AND REGULATORY CHOICE UNDER THE AFFORDABLE CARE ACT
  Troy J. OechsnerMagda Schaler-Haynes

  This article focuses on some of those options created by the ACA for federal and state regulators regarding standardizing benefits and referrals, and examines the policy rationales and practical implications...

• General
  March 03, 2010 EDT
  SO YOU THINK YOU WANT TO BUY A BANK?
  David L. Glass

  This article reviews the legal impediments to investing in a bank or thrift institution by a non-banking investor.

• General
  August 08, 2009 EDT
  FOUR PROBLEMS FACING MEANINGFUL STATE HEALTH CARE REFORM AND COVERAGE IN THE UNITED STATES
  Arlene Akiwumi-Assani

  This comment demonstrates the best approach to providing comprehensive health care coverage is on a federal level due to the obstacles facing state health care reform.

• General
  January 08, 2009 EDT
  SHOULD ANTITRUST PRINCIPLES BE USED TO ASSESS INSURANCE RESIDUAL MARKET MECHANISMS, SUCH AS NEW YORK’S MEDICAL MALPRACTICE INSURANCE PLAN?
  Michael A. Haskel

  This article considers the nature of insurance as a commodity and evaluates New York's Medical Malpractice Insurance Plan.