Insurance and the Law of Artificial Intelligence

Kenneth S. Abraham & Catherine M. Sharkey

Insurability and Liability for AI-Caused Harms

Mark A. Geistfeld

Governing Algorithmic Insurance: Reconciling the EU AI Act with Insurance-Specific Regulation

Pierpaolo Marano & Shu Li

Tel-AI-Matic Privacy

Anya E.R. Prince

Insurance Era: Risk, Governance, and the Privatization of Security in Postwar America: An Essay Review

Katherine Hempstead

Like a Good Neighbor, State Courts Are There: The Case for Remanding COVID-19 Business Interruption Actions to State Court

Gabriel L. Johnson

E/Insuring the AI Age: Empirical Insights into Artificial Intelligence Liability Policies

Anat Lior

Rethinking Prop 103’s Approach to Insurance Regulation

Lars Powell, R. J. Lehmann & Ian Adams

Florida’s Homeowners Insurance Problems

Peter Molk

Improving the Market for Homeowners Insurance

Jay M. Feinman

Risky Business: A Review Essay on the Law & Economics of Selection in Insurance Markets

Peter Siegelman

The Unnatural Disaster of Insurance, Underinsurance, and Natural Disasters

Kenneth S. Klein

A Primer on the Economics of Conflicts of Interest

Peter Siegelman

Policy Strategies to Improve Cybersecurity

Vincent Yesue

Automobile Insurance Premium Price Discrimination: Sex/Gender

Margaret Murolo

A Legal Framework for Net Zero Aligned Insurance Products

Franziska Arnold-Dwyer

What Can’t Be Insured: The Policyholder’s Own Bad Acts

Travis Luis Pantin

Reconciling the Principle of Indemnity in Diminished Value Automobile Insurance Claims

Harold Weston & Brenda Wells-Dietel

Policyholder Misrepresentation in Insurance Claims

Jay M. Feinman

A Matter of High Interest: How a Quiet Change to an Actuarial Assumption Turbocharges the Life Insurance Tax Shelter

Andrew Granato

Workers’ Compensation Recovery for Injured University Student Athletes: The Impact of Recent Legal Developments

Cori Smith

Risk and Responsibility: Insurance and the University of Connecticut School of Law

Timothy Fisher & Leah Smith

Why Insurance Needs a Restatement: The Case of Settlement Decision Law

Chaim Saiman

Uncle Sam Re: Improving Cyber Hygiene and Increasing Confidence in the Cyber Insurance Ecosystem via Government Backstopping

Bryan H. Cunningham & Shauhin A. Talesh

“Cyberwar by Almost Any Definition”: NotPetya, the Evolution of Insurance War Exclusions, and Their Application to Cyberattacks

Josephine Wolff

Insuring Evolving Technology

Asaf Lubin

Ransomware: A Darwinian Opportunity for Cyber Insurance

Erin Kenneally

“Commonly Accepted Notions of Insurance” for Captives in Tax Cases Are Not Common Notions of Insurance in the Insurance Industry

Harold Weston

The Case for Banning (and Mandating) Ransomware Insurance

Kyle D. Logue & Adam B. Shniderman

Courting Disaster: The Underappreciated Risk of a Cyber Insurance Catastrophe

Kenneth S. Abraham & Daniel Schwarcz

A Semantic Framework for Analyzing “Silent Cyber”

Kelly B. Castriotta

Blockchain and Distributed Ledger Technology: Insurance Applications, Legal Developments, and Cybersecurity Considerations

Ken Goldstein

When Is a Cyber Incident Likely to Be Litigated and How Much Will It Cost? An Empirical Study

Jay P. Kesan & Linfeng Zhang

What Even Is a Bitcoin? Comment on How Defining Cryptocurrency Will Have Different Implications for Coverage Under a Homeowners Policy

Mallory Stone

Covid-19 Business Interruption Insurance Losses: The Cases for and Against Coverage

Christopher C. French

A Smart(er) Approach to Insurance Fraud

James Davey

What Is Protection Gap? Homeowners Insurance as a Case Study

Jay M. Feinman

The American Law Institute’s Restatement of the Law, Liability Insurance: Scholarship and Controversy

Lorelie S. Masters & Geoffrey B. Fehling

Infected Judgment: Problematic Rush to Conventional Wisdom and Insurance Coverage Denial in a Pandemic

Erik S. Knutsen & Jeffrey W. Stempel

Homeowner’s Insurance and Credit Score: A Critical Race Theory Perspective

Robert K. Yass

Managing the New Political Risks: Populism, Democratic Instability, and the Rise of Political Risk Insurance in Developed Democracies

James R. Brakebill

Racist Robots and the Lack of Legal Remedies in the Use of Artificial Intelligence in Healthcare

Tyler W. Dueno

Underwriting Criteria, Practices, and Tools of Pet Health Insurance Companies

Kimberly L. Wilson

“Incomplete” Insurance Coverage

Kenneth S. Abraham

Insurance Law Between Commercial Law and Consumer Law: Can the United States Inspire China in Insurance Misrepresentation

Qihao He & Chun-Yuan Chen

Protecting Auto Accident Victims from the UM/IM Insurer Identity Crisis

Jeffrey W. Stempel & Erik S. Knutsen

A User’s Guide to the Restatement of the Law, Liability Insurance

Jay M. Feinman

Understanding the “Exhaustion of Coverage” Doctrine in the Context of Continuous Trigger Coverage

James M. Fischer

Transitioning to a New View: Coming to See Health Insurance Coverage for Gender Dysphoria in a New Light

Robert A. Whitney

Plain Meaning, Extrinsic Evidence, and Ambiguity: Myth and Reality in Insurance Policy Interpretation

Kenneth S. Abraham

Financial Regulation: The Apotheosis of the Administrative State

The Federalist Society

Minding the Protection Gap: Resolving Unintended, Pervasive, Profound Homeowner Underinsurance

Kenneth S. Klein

Expected Bad Moral Luck

Yehonatan Shiman

Contract and Claim in Insurance Law

Jay M. Feinman

Is U.S. Insurance Regulation Unconstitutional?

Daniel Schwarcz

Regulation By Catastrophe Insurance: A Comparative Study

Qihao He & Michael Faure

Legal Winners and Losers In The Mortgage Crisis

Shaun P. Martin

Mutually Assured Protection Among Large U.S. Law Firms

Tom Baker & Rick Swedloff

A Jurisprudential Survey Of The Tort Of Spoliation Of Evidence: Resolving Third-Party Insurance Company Automobile Spoliation Claims

Steven Plitt & Jordan R. Plitt

Unlocking Exchanges

Brendan S. Maher

Improving State Regulation Of Homeowners Insurance: The Essential Protections For Policyholders Project

Jay M. Feinman

Regulation By Government-Sponsored Reinsurance In Catastrophe Management

Qihao He

Remedies For Breach Of The Pre-Contract Duty Of Disclosure In Chinese Insurance Law

Zhen Jing

Agreeing In The Shadow Of The Policy: How Corporate Insurance Policies Impact The Resolution Of Governmental Investigations Into Corporate Crime

Beth Olsen

Regulating Home Equity Protection Companies and Contracts: Are States Making “the Best” an Enemy of “the Good”?

John E. Marthinsen

Removing the Legal Impediments to Offering Lifetime Annuities in Pension Plans

Jonathan Barry Forman

Funding of Public Sector Pension Plans: What Can be Learned From the Private Sector?

Israel Goldowitz

Friedrichs And The Move Toward Private Ordering Of Wages And Benefits In The Public Sector

Maria O’Brien Hylton

A Closer Look At The IRAs In State Automatic Enrollment Ira Programs

Kathryn L. Moore

The Pension Mis-selling Scandal, the SEC, And The Fiduciary Standard

John A. Turner

Everything’s Bigger in Texas: Except the Medmal Settlements

Tom Baker, Eric Helland, & Jonathan Klick

Reference Pricing: A Small and Mighty Solution to Bend the Health Care Cost Curve

Srishti Miglani

An Alternate Theory of Burwell v. Hobby Lobby

Jessica L. Roberts

The Patient Protection and Affordable Care Act: What Does it Really Do?

John G. Day

Adoption Disruption Insurance: A Policy That America is not Ready to Adopt

Gregory J. Chase

Safeguarding State Interests in Health Insurance Exchange Establishment

Christine H. Monahan

Erie Denied: How Federal Courts Decide Insurance Coverage Cases Differently and What to do About it

John L. Watkins

America’s Growing Problem: How the Patient Protection and Affordable Care Act Failed to Go Far Enough in Addressing the Obesity Epidemic

Ashley A. Noel

Even I Can’t Cover Me: Examining the NCAA’s Effective Prohibition on “Loss of Value” Insurance for its Student-Athletes

Michael D. Randall

Towards a Universal Framework for Insurance Anti-Discrimination Laws

Ronen Avraham, Kyle D. Logue & Daniel Schwarcz

Reinsurance as Governance: Governmental Risk Management Pools as a Case Study in the Governance Role Played by Reinsurance Institutions

Marcos Antonio Mendoza

The Harmonization of European Contract Law: The Case of Insurance Contracts

Juan Bataller Grau

Towards a European Supervisory Authority

Javier Vercher-Moll

Fortuity Victims and the Compensation Gap: Re-Envisioning Liability Insurance Coverage for Intentional and Criminal Conduct

Erik S. Knutsen

Big Data and Insurance Symposium

George Jepsen

Payment Protection Insurance (PPI) Misselling: Some Lessons From the UK

Andromachi Georgosouli

Medical Big Data and Big Data Quality Problems

Sharona Hoffman

Information & Equilibrium in Insurance Markets with Big Data

Peter Siegelman

Risk Classification’s Big Data (R)evolution

Rick Swedloff

Overlooked and Underused: Clinical Practice Guidelines and Malpractice Liability for Independent Physicians

Ronen Avraham

The Social Costs of Choice, Free Market Ideology and the Empirical Consequences of the 401(k) Plan Large Menu Defense

Mercer Bullard

Rethinking ERISA’s Promise of Income Security in a World of 401(k) Plans

Lawrence A. Frolik

The Surprising Equality of Retirement Time: Evidence From the Health and Retirement Survey

Anthony Bonen & Teresa Ghilarducci

Desperate Retirees: The Perplexing Challenge of Covering Retirement Health Care Costs in a Yoyo World

Richard L. Kaplan

An Affordable Care Act for Retirement Plans?

Amy B. Monahan

Revenue Sharing in 401(k) Plans: Employers as Monitors?

Dana M. Muir

Retirement Policies and Related Social Changes in the Lifecycle

Russell K. Osgood

California Dreaming: The California Secure Choice Retirement Savings Trust Act

Edward A. Zelinsky

Minding the Gap: Seeking Autism Coverage in Class Actions When State and Federal Laws Fail

Danielle M. Jaffee

NFL’s Litigation Skates Onto the Ice

Melanie A. Orphanos

“You Want Insurance With That?” Using Behavioral Economics to Protect Consumers From Add-on Insurance Products

Tom Baker & Peter Siegelman

Reconciling the Irreconcilable Conflict in Insurance Severability of Interests Clause Interpretation

Johnny Parker

Does an Insured Have a Duty to Mitigate Damages When the Insurer Breaches?

James M. Fischer

PEICL–The Project of a European Insurance Contract Law

Christian Armbruester

An Introduction to Climate Change Liability Litigation and a View to the Future

Michael B. Gerrard & Joseph A. MacDougald

Keynote Address, Climate Related Extreme Events, Liability Regimes & the Role of the Global Insurance Industry

John H. Fitzpatrick

Is Global Warming a Covered “Accident”? An Analysis of AES Corp. v. Steadfast Insurance Co.

Rex Heinke & Warren J. Biro

Locality of Harm: Insurance and Climate Change in the 21st Century

William T.J. de la Mare

The Enforceability of Releases in Property Insurance Claims

Jay M. Feinman

Mandates, Markets, and Risk: Auto Insurance and the Affordable Care Act

Jennifer B. Wriggins

Coverage for Veterans With Post-Traumatic Stress Disorder: A Survey Through the Wars

Andrea Gomes

A Billion Dollar Problem: The Insurance Industry’s Widespread Failure to Escheat Unclaimed Death Benefits to the States

Devin Hartley

Double Trouble – An Ex-Spouse’s Life Insurance Beneficiary Status & State Automatic Revocation Upon Divorce Statutes: Who Gets What?

Kristen P. Raymond

Liability for Bad Faith and the Principle Without a Name (Yet)

Kenneth S. Abraham

Bad Faith at Middle Age: Comments on “The Principle Without a Name (Yet),” Insurance Law, Contract Law, Specialness, Distinctiveness, and Difference

Robert H. Jerry, II

The Economics of Insurance Law—A Primer

Ronen Avraham

Stranger-Initiated Annuity Transactions and the Case for Insurable Interest

Kendall J. Burr, Thomas F.A. Hetherington, & David T. McDowell

Supervisory Colleges: Improving International Supervisory Coordination

Kelly Kirby

The Evolution of the Advertising Injury Exclusion in the Insurance Service Office, Inc.’s Comprehensive General Liability Insurance Policy Forms

Kyle Lambrecht

Medically Unnecessary: How the Laws in Medicare Part D’s Coverage of Off-Label Medicines With Demonstrable Medical Necessity Prevents Better Healthcare Outcomes, Including for Beneficiaries With Psychiatric Disorders

Alexander W. Wang

The Filed Rate Doctrine and the Insurance Arena

Vonda Mallicoat Laughlin

A Jurisprudential Survey of Bad Faith Claims in the Workers’ Compensation Context and a Call for a Unified Statutory Remedy

Steven Plitt

The Spanish Property Insurance Cartel

Francisco Marcos

Not in the Fine Print: Recommended Changes to Life Insurance Policy Disclosures Regarding Retained Asset Accounts

Michael A Barrese

Standards for Pleading a Claim Under CUIPA: No Exceptions to the Connecticut Fact Pleading Requirement

Bethany L. DiMarzio

Subprime and Credit Crisis Investigations: What Constitutes a Claim for the Purposes of Professional Liability Insurance?

Caitlin P. Holt

Managing the Next Deluge: A Tax System Approach to Flood Insurance

Charlene Luke & Aviva Abramovsky

A Concurrent Mess and a Call for Clarity in First-Party Property Insurance Coverage Analysis

Mark M. Bell

Insurance Rates Regulation in Comparison With Open Competition

Angelo Borselli

ERISA: Remedies, Preemption and the Need for More State Regulatory Oversight

Jillian Redding, Esq

Keynote Address: Actuarial Litigation: How Big Statistics Can Help Solve Big Cases

Kenneth Feinberg

A Normative Evaluation of Actuarial Litigation

Robert G. Bone

Reevaluating Complex Mediation Generalizations

Edward Brunet

Probability Sampling in Litigation

Joseph B. Kadane

Impermissible Windfalls?: Unemployment Insurance, Back Pay, and the Two Classes of Title VII Plaintiffs

Wyatt R. Jansen

Lessons From the Price-Anderson Nuclear Industry Indemnity Act for Future Clean Energy Compensatory Models

Taylor Meehan

Bad Policy for Good Policies: Article 9’s Insurance Exclusion

Andrew Verstein

Liability Insurance Coverage for Clergy Sexual Abuse Claims

Peter Nash Swisher & Richard C. Mason

The Standard of Materiality for Misrepresentations Under New York Insurance Law ± A State of Unwarranted Confusion

Andrew Amer & Linda H. Martin

The Complexity of the Mandatory Medicare Section 111 Reporting Rules and its Practical Legal Affects ± Is There a Break in Sight?

Crystal Fraser

Down the Road to Perdition: How the Flaws of Basel II Led to the Collapse of Bear Stearns and Lehman Brothers

John F. Rosato

Regulating Risk by “Strengthening Corporate Governance”

Paul Rose

Justification Norms Under Uncertainty: A Preliminary Inquiry

Claire A. Hill

Catalysts for Clarification: Modern Twists on the Insurable Interest Requirement for Life Insurance

Robert S. Bloink

Rating Dependent Regulation of Insurance

John Patrick Hunt

Metropolitan Life Insurance Company v. Glenn: Will the Supreme Court Decision Reduce Confusion After Firestone?

Ryan M. LoRusso

Fronting Arrangements: Industry Practices and Regulatory Concerns

Esteban Carranza-Kopper

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?

Russel Hasan

Solvency II: The Ambitious Modernization of the Prudential Regulation of Insurers and Reinsurers Across the European Union (EU)

Michael J-H. Smith

Congress’ Self-Inflicted Sisyphean Task: The Insurance Industry’s Federal Antitrust Exemption and the Insurance Industry Competition Acts of 2007 and 2009

Anthony J. Alt

The Language of Lives

Jill C. Anderson

Review of Timothy Alborn’s Regulated Lives

Sharon Murphy

Regulated Lives in Historiographical Context

Geoffrey Clark

Author Response: Regulated Lives

Timothy Alborn

Into the Unknown: The Reach of Environmental Insurance in Cases

Caroline Vazquez

The Liability Insurance Regulation of Religious Institutions After the Catholic Church Sexual Abuse Scandal

Alana Bartley

Coverage for Kidneys: The Intersection of Insurance and Organ Transplantation

Melissa Wong

Credit Derivatives Are Not “Insurance”

M. Todd Henderson

The Road From “Twin Peaks” – And The Way Back

Michael W. Taylor

Whither the Duty of Good Faith in UK Insurance Contracts?

John Lowry

Risk Data in Insurance Interpretation

Michelle Boardman

The Law and Economics of First-Party Insurance Bad Faith Liability

Sharon Tennyson & William J. Warfel

Regulation of Large Financial Institutions: Lessons From Corporate Finance Theory

John P. Harding & Stephen L. Ross

Predatory Lending and Its Insurance Consequences

Erin O’Leary

The 2008 Mental Health Parity and Addiction Equity Act: An Overview of the New Legislation and Why an Amendment Should be Passed to Specifically Define Mental Illness and Substance Use Disorders

Sara Nadim

Examining Current Proposals for Increasing the Federal Role in Dealing With Coastal Hurricane Risk

Louis Cruz

Reinsurance: The Silent Regulator?

Aviva Abramovsky

“Fair is Foul and Foul is Fair:” Have Insurers Loosened the Chokepoint of Copyright and Permitted Fair Use’s Breathing Space in Documentary Films?

Thomas Plotkin & Tarae Howell

Crop Insurance in the Age of Biotechnology: Should Federal Crop Insurance Endorse Biotechnology?

Steve Cooper

Race Based Underwriting and the Death of Burial Insurance

J. Gabriel McGlamery

Insurance Intermediaries

Hazel Beh & Amanda M. Willis

The “Other” Intermediaries: The Increasingly Anachronistic Immunity of Managing General Agents and Independent Claims Adjusters

Jeffrey W. Stempel

Differential Compensation and the “Race to the Bottom” in Consumer Insurance Markets

Daniel Schwarcz

Catastrophic Risks and First-Party Insurance

Michael Faure & Véronique Bruggeman

Influences of Organizational Form on Medical Malpractice Insurer Operations

Yu Lei & Joan T. Schmit

“Sez Who?”: State Constitutional Concerns With External Review Laws and the Resulting Conundrum Posed by Rush Prudential HMO v. Moran

William Pitsenberger

Are State Court Garnishment Actions an Effectual Impediment to Federal Declaratory Judgment Jurisdiction: Is Timing Everything?

Steven Plitt & Aeryn Heidemann

Government Support for Terrorism Insurance

Thomas Russell & Jeffrey E. Thomas

The Scope of Expert Testimony in Insurance Bad Faith Cases: Can the Expert Testify on the Meaning of the Insurance Policy?

Charles Miller

Insurance and Credit Default Swaps: Should Like Things be Treated Alike?

Arthur Kimball-Stanley

A Tax Treaty That Doesn’t Tax? The Unique History of the United States-Bermuda Tax Treaty and the Subsequent Problems Facing the United States Insurance Industry

Yelena Tsvaygenbaum

African American Homeownership and the Dream Deferred: A Disparate Impact Argument Against the Use of Credit Scores in Homeownership Insurance Underwriting

Latonia Williams

Cogswell v. American Transit Insurance Company

Maggie Flanagan

Social Solidarity and Personal Responsibility in Health Reform

Wendy K. Mariner

Adam, Martin and John: Iconography, Infrastructure, and America’s Pathological Inconsistency About Medical Insurance

Jeffrey W. Stempel

Health Insurance: Market Failure or Government Failure?

David A. Hyman

Health Insurance Risk Pooling and Social Solidarity: A Response to Professor David Hyman

Amy B. Monahan

The Health Insurance Debate in Canada: Lessons for the United States

Mary Anne Bobinski

Is Health Insurance a Bad Idea? The Consumer-Driven Perspective

Timothy Stoltzfus Jost

Assignment of Liability Insurance Rights for Latent Injury and Damage Claims

John T. Waldron, III & Andrew R. Stanton

The “Race Card” and Reforming American Health Insurance

Dayna Bowen Matthew

The Practical Ramifications of Dual Sovereignty in Prosecuting Declaratory Judgment Actions Against State and Federal Governments

Daniel Maldonado & Steven Plitt

I Came, I Saw, I Underwrote: D & O Liability Insurance’s Past Underwriting Practices and Potential Future Directions

Joshua Dobiac

Stoli on the Rocks: Why States Should Eliminate the Abusive Practice of Stranger-Owned Life Insurance

Eryn Mathews

Regional Shortcomings and Global Solutions: Kidnap, Ransom and Insurance in Latin America

Samantha Kenney

License To Bet: Life Insurance And The Gambling Act In The British Courts

Timothy Alborn

Insurer-Policyholder Interests, Defense Counsel’s Professional Duties, And The Allocation Of Power To Control The Defense

James M. Fischer

Three Insights From the Canadian D & O Insurance Market: Inertia, Information and Insiders

M. Martin Boyer

Freedom of Contract in Insurance

Susan Randall

Bad Faith in Alabama’s Civil Justice System: “Tort Hell” or Reformed Jurisdiction

Kristen LeBlond

Breaking the Chain: How State Legislatures Can Learn From the Mistakes of Maryland’s Fair Share Act and Stop Benefit Dumping

Fallon DePina

A ‘Genetically Modified’ Liability Insurance Contract

Seth J. Chandler

The Economic Case for Gender-Neutral Life Insurance

Richard A. Booth

What Is Worth? A Critical Analysis of Insurance Appraisal

Timothy P. Law & Jillian L. Starinovich

Overwhelmed: The Federal Flood Insurance Act of 1956

Timothy M. Rowe

A Congregation of Vapours: Clendenin Brothers, Inc. V. United States Fire Insurance Company, Welding Rod Litigation, The Total Pollution Exclusion, The Futility of the Judicial Search for Ambiguity in Commercial General Liability Insurance Contracts, and the Reasonable Expectations of the Insured

Thomas Plotkin

Strengthening Pharmaceutical Patent Rights: Lowering the Cost of Prescription Drugs by Stopping the Reckless Patent Litigation Abuse of Generic Companies

Andrew A. Phillips

Howard Delivery Service, Inc. v. Zurich American Insurance Co.: The U.S. Supreme Court Resolves the Split Among Circuits Regarding Whether Workers’ Compensation Premiums May Be Eligible for Priority Treatment in Bankruptcy Proceedings

Clayton Johnson

Consumer-Driven Health Care: Moral Hazard, the Efficiency of Income Transfers, and Market Power

John A. Nyman

The Restatement (Second) of Contracts as a Useful Tool for Addressing Common Insurance Law Issues

Nicholas M. Insua & Matthew J. Dehade

Buss Stop: A Policy Language Based Analysis

Angela R. Eul & Stanley C. Nardoni

Helping Individual Investors Do What They Know Is Right: The Save More for Retirement Act of 2005

Matthew Venhorst

The Chawla Decision: A Death Knell for the Use of Life Insurance Trust in Estate Planning

Reagan N. Clyne

Should Insurers in Texas Be Prohibited From Using Staff Attorneys to Defend Third Party Claims Brought Against Insureds? A Closer Look at American Home Assurance

Denise Purpura

Asbestos Litigation in the United States: Triumph and Failure of the Civil Justice Systemv

Deborah R. Hensler

Comments for the University of Connecticut Asbestos Litigation Symposium

James L. Stengel

On the Applicability of the Silica MDL Proceeding to Asbestos Litigation

Lester Brickman

A Future for Asbestos Apportionment?

Michael D. Green

Assessing the Coverage Carnage: Asbestos Liability and Insurance After Three Decades of Dispute

Jeffrey W. Stempel

The Asbestos Litigation Crisis: The Tide Appears to Be Turning

Mark A. Behrens & Phil Goldberg

Some Reflections on the Future of Mass Torts

Peter H. Schuck

An Elegy for the FAIR Act

Patrick M. Hanlon

Anorexia Killed Her, but the System Failed Her: Does the American Insurance System Suffer from Anorexia?

Beth A. Brunalli

The Future of the National Flood Insurance Program in the Aftermath of Hurricane Katrina

Quynh T. Pham

Reasonable Expectations in the Sphere of Liberty: A Theory of Accidental Death Insurance Coverage

Catherine Spain

From the Journals: Insurance Law Abstracts

Emmanuelle Regine Francois

Liability Insurance as Tort Regulation: Six Ways That Liability Insurance Shapes Tort Law in Action

Tom Baker

Marine Title Insurance: The Dernier Cri in Title Insurance

Matthew J. Bauer

“Diminished Value” in Automobile Insurance: The Controversy and Its Lessons

Thomas O. Farrish

Resolving Medical Malpractice Claims in the Medicare Program: Can It Be Done?

Eleanor D. Kinney & William M. Sage

Employer by Name, Insurer by Trade: Society’s Obesity Epidemic and Its Effects on Employers’ Healthcare Costs

Kathryn Hinton

Employment Practices Liability Insurance: Are EPLI Policies a License to Discriminate? Or Are They a Necessary Reality Check for Employers?

Nancy H. Van der Veer

Are the Regulatory Frameworks in Asian Emerging Markets Equipped to Handle the Influx of Foreign Insurers?

Shanil R. Vitarana

From the Journals: Insurance Law Abstracts

Emmanuelle Regine Francois

Mandatory Arbitration in Insurance Disputes: Inverse Preemption of the Federal Arbitration Act

Susan Randall

The Politics of Infertility: Recognizing Coverage Exclusions as Discrimination

Elizabeth A. Pendo

Law, Politics, and the Political Safeguards of Federalism: The Case of Insurance Regulation and the Commerce Clause, 1938–1948

Katherine J. Jones

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003: The Wrong Prescription for Our Nation’s Senior Citizens?

Karen M. Wieghaus

Keeping the Promise: Will the Bush Administration’s Plan to Privatize the Social Security System Actually Work?

James E. Hennessy

Insuring Against the Snail-Darter: Insurance for Land Use and the Endangered Species Act

Jonathan F. Tross

From the Journals: Insurance Law Abstracts

Matthew Fitzsimmons

The Case Against Dog Breed Discrimination by Homeowners’ Insurance Companies

Larry Cunningham

A Model Financial Statement Insurance Act

Lawrence A. Cunningham

Dynamic Federalism: Competition, Cooperation and Securities Enforcement

Renee M. Jones

The Disability of Stock and Stock Option Compensation

Calvin H. Johnson

Toxic Mold in Texas: Will Recent Insurance Reforms Clean It Up for Good?

Jessica Seger

Pro-Rating Defense Costs to an Insured for Periods of Uninsurance; What Happened to the Duty to Defend? Security Insurance Co. of Hartford v. Lumbermens Mutual Casualty Co.

Elizabeth Festa

From the Journals: Insurance Law Abstracts

Matthew Fitzsimmons

Fear Is the Key: A Behavioral Guide to Underwriting Cycles

Sean M. Fitzpatrick

God and the Umbrella: The Place of Values in the Creation of Institutions of Mutual Assistance

Brian J. Glenn

The Legal Standing of an Insurance Insolvency Receiver: When the Shoe Doesn’t Fit

Karl L. Rubinstein

Traveling Outside the Insurance Contract; The Problems with Maximizing Victim Compensation: Koiikos v. Travelers Insurance Company

Sharon Abidor

Swimming in the Wake of Decoys: When Federal Courts Sail into Disparate Impact Waters, Will State Regulation of Insurance Remain Above the Waves?

William Goddard

The Next Step for Brownfields: Government Resurgence of Environmental “Cleanup” Policies

Daniel A. Schenck

From the Journals: Insurance Law Abstracts

Sarah Sia

A 21st Century Symposium on Josiah Royce’s War and Insurance

Tom Baker

War and Insurance

Josiah Royce

Peace and Insurance: Recovering the Utopian Vision of Insurance in Royce’s War and Insurance

Jonathan Simon

Postnationalism on the Eve of Destruction

Timothy Alborn

War, Insurance and Some Problems of Community

Carol Weisbrod

Paradigms, Assumptions, and Strategies: Royce and Method

Thomas Morawetz

The Revolution of the Times: Recent Changes in U.K. Insurance Insolvency and the Implications of Those Changes Viewed from a U.S. Perspective

William Goddard

Trademark Law and the CGL: The Race Between Infringement Liability and Its Reluctant Insurance Coverage

Jennifer S. Janik

Farm Bureau Mutual Insurance Company v. Kurtenbach: Choosing the Road Less Traveled in Interpreting Motor Vehicle Exclusions in Farm Comprehensive Liability Policies

Gregory O. Nies

From the Journals: Insurance Law Abstracts

Dorothy Puzio

The Lawlessness of Arbitration

Kenneth S. Abraham & J.W. Montgomery, III

Containing the Promise of Insurance: Adverse Selection and Risk Classification

Tom Baker

The Antitrust Implications of Collaborative Standard Setting by Insurers Regarding the Use of Genetic Information in Life Insurance Underwriting

Robert H. Jerry, II

Catastrophes, Liability and Insurance

Christian Lahnstein

Holding Liability Insurers Accountable for Bad Faith Litigation Tactics with the Tort of Abuse of Process

Francis J. Mootz, III

Life Insurance Risk Classification: Finding the Boundary Between Antitrust and Unfair Discrimination

J. Daniel Perkins

In Between the Trenches: The Jurisdictional Conflict Between a Bankruptcy Court and a State Insurance Receivership Court

William Goddard

The Foreign Irrevocable Life Insurance Trust as Asset Protection: Potential for Abuse and Suggestions for Reform

Richard Lewis

From the Journals: Insurance Law Abstracts

Tatiana Connolly

War Damage Insurance

Jack Hirshleifer

A New Look at Terrorism Insurance: Jack Hirshleifer’s War Damage Insurance After Fifty Years

Peter Siegelman

War Damage Insurance Revisited

Jack Hirshleifer

Preface (Symposium Articles)

François Ewald

The September 11th Attack on America: Ground Zero in Tort and Insurance Law

Richard P. Campbell

Insurance, Terrorism, and 9/11: Reflections on Three Threshold Questions

Robert H. Jerry, II

The September 11th Victim Compensation Fund: Found Approaches to Resolving Mass Tort Litigation

Linda S. Mullenix & Kristen E. Stewart

The September 11th Victim Compensation Fund: Past or Prologue?

Larry S. Stewart, Daniel L. Cohen & Karen L. Marangi

Will the Historic Relationship Between Cedent and Reinsurer Become a Casualty of the War on Terrorism?

Paul E. Traynor

Comment: Speculating a Strategy: Suing Insurance Companies to Obtain Legislative Reparations for Slavery

Paige A. Fogarty

The Equity in Prescription Insurance and Contraceptive Coverage Act: Will Congress Heed the Wake-Up Call of Erickson v. Bartell Drug Company?

Lynda A. Rizzo

Insurers Jump on Train for Federal Insurance Regulation: Is It Really What They Want or Need?

Danielle F. Waterfield

From the Journals: Insurance Law Abstracts

Tatiana Connolly

Health Information Privacy: The Rules Get Tougher

Robert W. Woody

Protecting Privacy Under Gramm–Leach–Bliley (Act ID): The NAIC’s Model Safeguarding Regulation

Thomas R. Hrdlicka

Insuring Privacy: Is Your Company Covered?

Matthew L. Ahlers & Jason M. Silverman

The Nationalization of Health Information Privacy Protections

Lawrence O. Gostin, James G. Hodge Jr., & Jennifer Marks

Insurance Privacy After Gramm–Leach–Bliley—Old Concerns, New Protections, Future Challenges

J. Stephen Zietz & Catherine I. Paolino

HIPAA Preemption Implications for Covered Entities Under State Law

Adam Busera

The Judicial Transformation of Social Security Disability: The Case of Mental Disorders and Childhood Disability

Jennifer L. Erkulwater

Visualizing Adverse Selection: An Economic Approach to the Law of Insurance Underwriting

Seth J. Chandler

Lander v. Hartford Life & Annuity Insurance Co.: Variable Annuities and the Future of Market Conduct Controls Post-SSLUSA

Robin Generous

Wading in the Pool: Interlocal Cooperation in Municipal Insurance and the State Regulation of Public Entity Risk Sharing Pools—A Survey

Jason E. Doucette

From the Journals: Insurance Law Abstracts

Heidi Lee De la Rosa

The Marriage of Intellectual Property and Insurance Law: An Introduction

Leo P. Martinez

Cybercoverage for Cyber-Risks: An Overview of Insurers’ Responses to the Perils of E-Commerce

Robert H. Jerry & Michele L. Mekel

Coverage for Unfair Competition Torts under General Liability Policies: Will the Intellectual Property Tail Wag the Coverage Dog

Francis J. Mootz III

Physical Losses in Cyberspace

Hazel Glenn Beh

A Practical Look at E-Commerce and Liability Insurance

Douglas R. Richmond

Smoke and Mirrors: A Comparative Analysis of WTO and NAFTA Provisions Affecting the International Expansion of Insurance Firms in North America

Bradly Condon

Securitization and the Catastrophe Bond: A Transactional Integration of Industries through a Capacity-Enhancing Product of Risk Management

Todd V. McMillan

From the Journals: Insurance Law Abstracts

Heidi Lee De la Rossa

Insurance Privatization in Costa Rica: Lessons from Latin America with Special Reference to Uruguay

Nefalí Garro

Musings on the Seeming Inevitability of Global Convergence in Banking Law

Patricia A. McCoy

Pre-Appearance Security Requirements for Unlicensed Reinsurers in the United States

Kirill P. Strounnikov

The European Insurance Market, Harmonization of Insurance Contract Law, and Consumer Policy

Juergen Basedow

A Federal Bill, With Commentary, to Allow Choice in Auto Insurance

Jeffrey O’Connell, Peter Kinzler & Hunter Bates

Lost in Oz: There Is No Yellow Brick Road for State Lawmakers to Follow in Drafting Privacy Legislation for Insurers

William M. Fay, Jr.

Pegram v. Herdrich: A Case Study in “Dual” Loyalties: Why “Cost-Cutting” Health Maintenance Organizations Should Be Held Liable for Cutting Medically Necessary Care

Marni R. Wasserman

Book Review: Phoenix Assurance and the Development of British Insurance

Timothy Alborn

From the Journals: Insurance Law Abstracts

Jeffrey Thomas

Recent Case Developments

Jeffrey W. Stempel

Symposium Introduction: Deciphering Posner’s Insurance Jurisprudence

Jesse A. Langer

An Inconsistently Sensitive Mind: Richard Posner’s Cerebration of Insurance Law and Continuing Blind Spots of Economism

Jeffrey W. Stempel

Posner and Moral Hazard

Eric D. Beal

An Analysis of the Honorable Richard A. Posner’s Social Security Law

Barbara A. Sheehy

Posner and Tort Law as Insurance

Beatrice A. Beltran

Posner and ERISA: A Survey

Aldo R. Edwards van Muijen

Another Trip into the Great Swamp: The Seventh Circuit’s Preemption of the Illinois Unclaimed Property Act Under ERISA

Robert Simpson

Doe v. Mutual of Omaha Insurance Co.: The ADA Does Not Regulate the Content of Insurance Policies, but What Have Cameras, Braille Books or Wheelchairs Got to Do with It?

Lori Bloch Izzo

From the Journals: Insurance Law Abstracts

Jeffrey E. Thomas

Recent Case Developments

Jeffrey W. Stempel

Rediscovering the McCarran–Ferguson Act’s Commerce Clause Limitation

Raymond A. Guenter

Risk in Contemporary Society

Francois Ewald

Insurance and the Utopian Idea

Carol Weisbrod

Yellow Page Ads as Evidence of Widespread Overcharging by the Plaintiffs’ Personal Injury Bar — And a Proposed Solution

Jeffrey O’Connell, Carlos M. Brown & Michael D. Smith

Combating Discriminatory Insurance Practices: Title III of the Americans with Disabilities Act

Jesse A. Langer

The Viatical Settlement Industry: The Regulatory Scheme and Its Implications for the Future of the Industry

Ffiona M. Jones

From the Journals: Insurance Law Abstracts

Jeffrey E. Thomas

Recent Case Developments

Jeffrey W. Stempel

Insurance: How It Matters as Psychological Fact and Political Metaphor

Thomas Morawetz

Beyond Moral Hazard: Insurance as Moral Opportunity

Deborah A. Stone

The Return of the Crafty Genius: An Outline of a Philosophy of Precaution

François Ewald

Evidentiary Sufficiency in Insurance Bad Faith Suits

William T. Barker

Conference Report: A Conference for Latin American Regulators on International Financial Services Regulation

Sexual Malpractice and Professional Liability: Some Things They Don’t Teach in Medical School — A Critical Examination of the Formative Case Law

David M. Lang

From the Journals: Insurance Law Abstracts

Jeffrey E. Thomas

Recent Case Developments

Jeffrey W. Stempel

Excusing Nonoccurrence of Insurance Policy Conditions in Order to Avoid Disproportionate Forfeiture: Claims–Made Formats as a Test Case

Bob Works

Imagining Insurance Risk, Thrift and Industrial Life Insurance in Britain

Pat O’Malley

Home Liability Coverage: Does the Criminal Acts Exclusion Work Where the “Expected or Intended” Exclusion Failed?

Daniel E. Eidsmoe & Pamela K. Edwards

It’s Better to Have Twelve Monkeys Chasing You Than One Gorilla: Humana v. C. Forsyth, the McCarran–Ferguson Act, RICO, and Deterrence

Eric Beal

An Overview of Financial Services Reform 1998

Susan Sirota Gaetano

From the Journals: Insurance Law Abstracts

Jeffrey E. Thomas

Recent Case Developments

Jeffrey W. Stempel

Symposium Introduction

Peter Nash Swisher

Insurance, Contract, and the Doctrine of Reasonable Expectations

Robert H. Jerry, II

The Expectations Principle as a Regulative Ideal

Kenneth S. Abraham

The Formulation of the Doctrine of Reasonable Expectations and the Influence of Forces Outside Insurance Law

Roger C. Henderson

Reasonable Expectations Revisited

Mark C. Rahdert

The Doctrine of Reasonable Expectations Is Indispensable, If We Only Knew What For?

James M. Fischer

Unmet Expectations: Undue Restriction on the Reasonable Expectations Approach and the Misleading Mythology of Judicial Role

Jeffrey W. Stempel

An Interdisciplinary Critique of the Reasonable Expectations Doctrine

Jeffrey E. Thomas

Why Courts Enforce Insurance Policyholders’ Objectively Reasonable Expectations of Insurance Coverage

Eugene R. Anderson & James J. Fournier

Why Courts Enforce Insurance Policyholders’ Objectively Reasonable Expectations of Insurance Coverage

Susan M. Popik & Carol D. Quackenbos

The Doctrine of Reasonable Expectations in California: A Judge’s View

H. Walter Croskey

From the Journals: Insurance Law Abstracts

Jeffrey E. Thomas

Recent Case Developments

Jeffrey W. Stempel

Concurrent Mediation of Liability and Insurance Coverage Disputes

Ellen S. Pryor & Will Pryor

Driving Governmentality: Automobile Accidents, Insurance, and the Challenge to Social Order in the Inter-War Years, 1919–1941

Jonathan Simon

Preventing Inconsistencies in Litigation in a Spotlight on Insurance Coverage Litigation: The Doctrines of Judicial Estoppel, Equitable Estoppel, Quasi-Estoppel, Collateral Estoppel, “Mend the Hold,” “Plead in the Court” and Judicial and Evidentiary Admissions

Eugene R. Anderson & Nadia V. Holober

Homeowners Insurance Redding: The Inadequacy of Federal Remedies and the Future of the Property Insurance War

William E. Murray

Must Insurers Treat All Illnesses Equally? — Mental vs. Physical Illness: Congressional and Administrative Failure to End Limitations To and Exclusions From Coverage for Mental Illness in Employer-Provided Health Benefits Under the Mental Health Parity Act and the Americans with Disabilities Act

Maggie D. Gold

The Death of Death Futures?: The Effects of the Health Insurance Portability and Accountability Act of 1996 on the Insurance and Viatical Settlement Industries

Andrew Spurrier

From the Journals: Insurance Law Abstracts

Jeffrey E. Thomas

Recent Case Developments

Jeffrey W. Stempel

What Insurance Scholars Should Know About Professional Responsibility

Thomas D. Morgan

What Professional Responsibility Scholars Should Know About Insurance

Kent D. Syverud

Applying the Fundamentals of Lawyers’ Ethics to Insurance Defense Practice

Stephen L. Pepper

Insurance Defense Ethics and the Liability Insurance Bargain

William T. Barker

Liability Insurance Conflicts and Defense Lawyers: From Triangles to Tetrahedrons

Tom Baker

Consent, Contract, and the Responsibilities of Insurance Defense Counsel

Robert H. Jerry, II

Flat Fees and Staff Attorneys: Unnecessary Casualties in the Continuing Battle Over the Law Governing Insurance Defense Lawyers

Charles Silver

The Ethical Duties of Insurance Defense Lawyers: Are Special Solutions Required?

Nancy J. Moore

Legal Malpractice Insurance and Loss Prevention: A Comparative Analysis of Economic Institutions

George M. Cohen

Professional Responsibility, Legal Malpractice, and the Eternal Triangle: Will Lawyers or Insurers Call the Shots?

David A. Hyman

Afterword: Taking Professional Risks

Robert E. Keeton

Symposium Transcripts

From the Journals: Insurance Law Abstracts

Jeffrey E. Thomas

Recent Case Developments

Jeffrey W. Stempel

Redefining the Insurer’s Duty to Defend

Susan Randall

When Worlds Collide: The Intersection of Insurance and Motion Pictures

Elizabeth O. Hubbart

Tobacco Related Litigation: How It May Impact the World’s Insurance Industry

Mitchell L. Lathrop

Emphasizing Conduct Over Context and Market Definition Over Market Power: Short-Term Strategic Anticompetitive Behavior Observed in Blue Cross v. Marshfield Clinic

Robert F. Goff

Software Tort: Evaluating Software Harm by Duty of Function and Form

Donald R. Ballman

Managed Care and the Medical Profession: Old Issues and Old Tensions — The Building Blocks of Tomorrow’s Health Care Delivery and Financing System

John G. Day

“Best Price” Clauses in Health Care Provider Contracts: An Antitrust Critique

Anthony J. Dennis

Priority Between Insurer and Insured in Subrogation Recoveries

John Dwight Ingram

Removing a Roadblock to Reforming Health Care: New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Company

James M. Saya

Additional Insured Status in Construction Contracts and Moral Hazard

Samir B. Mehta

Health Care Reform in the 1990’s from the Clinton Plan to Kassebaum-Kennedy

James Cordone

The Presence of Insurance and the Legal Allocation of Risk

James M. Fischer

Fraud and the Incontestable Clause: A Modest Proposal for Change

Robert R. Googins

The Interaction of the Tort System and Liability Insurance Regulation: Understanding Moral Hazard

Seth J. Chandler

John Hancock Mutual Life Insurance Company v. Harris Trust & (and) Savings Bank: The Application of ERISA’s Guaranteed Benefit Policy Exception to General Account Insurance Contracts

Heather L. Wilson

The Practical Effect of Extending Revocation by Divorce Statutes to Life Insurance

Domenico Zaino Jr.

The Paradox of Technological Progress in Health Insurance Contracts: Experimental Treatment Clauses and Breast Cancer

Michael J. Brandi

Is Insurance a Niche Business? Reflections on Information as an Insurance Product

W. F. Young

Allowing Motorists a Choice to Be Legally Uninsured by Surrendering Tort Claims for Noneconomic Loss (With Some Further Thoughts on Choices Between PIP and Tort Coverage)

Jeffrey O’Connell

Obligating Insurers to Inform Insureds About the Existence of Rights and Duties Regarding Coverage for Losses

Alan I. Widiss

Visualizing Moral Hazard

Seth J. Chandler

Pleading the Policy Limit as a Special Defense: An Attempt to Clarify Connecticut Uninsured Motorist Coverage

Kara A. Murphy

Introducing Market Discipline Into the Federal Deposit Insurance System: O’Melveny & Myers v. FDIC

Jerrie L. Chiu

Liar’s Poker: The Effect of Incontestability Clauses After Paul Revere Life Insurance Co. v. Haas

Katherine Cooper