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In this Article I examine “medical tourism”—the travel of patients who are residents of one country to another country for medical treatment—which is fast becoming a multi-billion dollar industry. To date, the primary U.S. medical tourists appear to have been uninsured or underinsured Americans seeking substantial cost savings by traveling to less developed countries for care. More recently, state governments, self-insured firms, Fortune 500 companies, and domestic insurers have begun attempts to get their insured populations to use medical tourism as well by requiring it or giving incentives for its use (what I call “insurer-prompted medical tourism”). There is, however, a dark side to the growth of this industry. In this Article I set out...
...13 Insurance companies and self-insured employers are consideri... parallels to the prohibition on contractual waiver or alteration of med-mal liability. While I...
Liability incurred as cosigner on a lease was contractual and not within the definition of an "occurrence" in cosigner's homeowner's insurance policy.
It is hard to imagine a more needless oversight than the failure of some producers and their staffs to review leases when working on new or renewal accounts. Leases contain certain "boilerplate" provisions that deal with insurance, and you should be familiar with them. Additionally, customized riders attached to the standard printed document can include clauses that could affect property or liability insurance. These provisions are: 1. increase in hazard/increase in rate, 2. abatement of rent, 3. additional rent, 4. indemnification, 5. insurance, 6. waiver of subrogation, 7. contractual liability, and 8. net leases. Leases can be complex, but from an insurance standpoint, the issues they present are fairly simple. Whether your client is the landlord or the tenant, you can increase your ...
While US businesses struggle with many aspects of their operations today, one aspect that continues to plague them is the rising cost of employee health care. Over the past year or so, several organizations have begun to find additional approaches for savings in their employee health coverages. One of the more unusual approaches has been the utilization of a risk retention group (RRG) to provide contractual liability for stop loss insurance to the RRG's owners who maintain self-funded health plans. One of the first such programs that was finalized was an auto dealer's risk retention group that was going to do business in California, known as AD COMP MED risk retention group (AD-RRG). The group dealers already participated in a workers compensation self-insured group. AD-RRG was a licens...
... in warranties, disclaimers, waivers, insurance policies, and contract terms. They also may take t...Contractual Terms. Standard limitation-of-liability clauses ar...
A hypothetical conversation about property liability insurance takes place between baseball players. The first baseman says that his brother-in-law Tom, who owns a sporting goods store, is having problems with his landlord. The landlord is demanding proof that Tom's premises liability coverage includes something called Broad Form PD. Tom calls his agent, who says that there is no such thing. The third baseman says that he can understand Tom's problems: His brother, Neil, is having a similar situation with the builder of his new beach house and his lawyer. The lawyer says the contractor has to have blanket contractual liability coverage, but the contractor's insurance agent says that it's no big deal. In conclusion, it's always best to check with whomever is asking for liability insuranc...
... ALLSTATE INSURANCE COMPANY (09-3091);. MT. MCKINLEY INSURANCE COMPAN... thousands of asbestos-exposure products-liability lawsuits that began in 1981. Many of the underlyin...McKinley under the "Contractual Liability" provisions of the policies issued by it...
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