Along with the winds, rain, and storm surges of Hurricane Katrina came a cacophony of voices urging Congress to adopt a catastrophic hurricane fund (CAT fund). A CAT fund, like the bankrupt and highly ...

Subrogation is a well-known principle of insurance law, which also affects real estate. It means that an insurer who has settled a claim may then “step into the shoes” of the insured and try to ...

As noted in our 2021 post on the draft version, the Principles supplement the 2018 Fair Treatment of Customers Guidance (“FTC Guidance”) of CISRO and the Canadian Council of Insurance Regulators and ...

Brave New World of Cyber Insurance Meets Old-World Contract Principles Although the Appellate Division developed new policy to address a major business problem, it was resolved by employing ...

As policy makers grapple with potentially undoing or modifying the largest expansion of health insurance in a generation, the cost and generosity of benefits hold center stage. Traditional ...

The fundamental principle of “insurance” is sharing risk across a “risk pool.” The larger the pool, the more the risk is shared and premiums are lower; the smaller the pool, the greater the risk and ...

Insurance policies do not cover injury intentionally caused by the insured. Coverage of such claims would be antithetical to the basic principle of insurance. This principle is typically expressed in ...

When Democrats passed the Affordable Care Act in March 2010 — known universally as ObamaCare — they largely ignored every basic actuarial principle of insurance. As a result, ObamaCare was always ...