Defense Counsel Journal

This publication provides topical and scholarly writings on the law, including its development and reform and the practice of law in the civil defense and insurance fields.

Articles from Vol. 62, No. 2, April

Considerations in Mounting a Defense for Life and Health Insurance Agents
THE health care crisis? Whether you believe it exists or doesn't--whether you believe that it is widespread or not--no matter. You'll believe in the crisis when your client, an insurance agent, is caught in the middle of a situation where benefits are...
Coping with Severe Disability through Life Care Planning
OVER the past half century, remarkable progress has been made in the development of medical and rehabilitation resources for the management of severe disability. Every year thousands of people survive head, spinal cord and other severely disabling injuries...
Fraudulent Practices Involving the Underwriting of Group Health Plans
AMERICANS spend $750 billion per year on health care, according to the Health Insurance Association of America. Employers pay billions a year in premiums and self-funded claims. Small employers, overwhelmed by cost and red tape and untrained in the technical...
Genetic Injury in Toxic Tort Cases: What Science Can and Cannot Prove
IN THE past several years, courts have compensated plaintiffs who allege that they were exposed to some substance that increased their risk of developing disease in the future, although at the time of trial they were free of injury. When asserting these...
Health and Life Insurance Applications: Their Role in the Claims Review Process
INSURANCE companies are permitted to select their risks and to restrict or even deny coverage for life and health insurance to individuals when, in the opinion of the insurer, restriction is necessitated by the applicant's medical condition or personal...
Health Plan Liability in the Age of Managed Care
AS THE landscape of health care has been transformed from one dominated by fee-for-service providers and indemnity insurers to one in which "managed care" is rapidly achieving hegemony, a litigation earthquake has been building. Cost containment mechanisms...
How Management of Medical Costs Is Revolutionizing the Drug Industry
OVER THE YEARS, the cost of prescription medications has become an increasingly larger percentage of total health care expenditures in the United States. Until about 1973, prescription pharmaceuticals were not usually covered by health care benefit plans.(1)...
Project Update 1995: Illustrative Provisions of a General Indemnity Agreement Taken in Connection with Contract Surety Bonds
Introduction 260 Definitions 260 Illustrative Provisions and Annotations 261 I. Rights of Surety Prior to Payment of Any Loss...
Regulating Health Care Costs through Fraud Enforcement
IGNORING Dr. Johnson's admonition that "round numbers are always false," Beltway lore has it that some $275 million each day, or $100 billion a year, are lost to health care fraud and abuse.(1) Congress and successive administrations have reacted by...
Richard Hayes: 25 Years at the Helm
IN THE fall of 1969, a 36-year-old staff director at the American Bar Association was interviewed by Immediate Past President Gordon Close, President W. Ford Reese and President-elect Sam Powers for the position of Executive Director of what then was...
What Impact Will Health Care Reform Have on Vaccine and Drug Makers?
MUCH has been written anticipating the various health care reform proposals propagated in Congress in the past two years. While the more far-reaching of these proposals have been pushed to a back burner, they are still very much in the public's mind...
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