Insurance Rate Litigation

A Survey of Judicial Treatment of Insurance Ratemaking and Insurance Rate Regulation
Softcover Nachdruck of the original 1. Auflage 1983
ISBN: 978-94-009-6680-2
Verlag: Springer Netherlands

Buch, Englisch, Band 2, 346 Seiten, Paperback, Format (B × H): 152 mm x 223 mm, Gewicht: 508 g

Reihe: Huebner International Series on Risk, Insurance and Economic Security

The idea for this book came from my decision to update an article by Roy C. McCullough entitled "Insurance Rates in the Courts" published in the June and July 1961 issues of the Insurance Law Journal. When this project began, the intention was to produce a similar journal article surveying insurance rate litiga­ tion between 1960 and the present using basically the same organization followed in the seminal article. However, the volume of reported cases during the last twenty years was much larger than anticipated and the issues being litigated had expanded dramatically. The project grew as my study progressed, and the resulting book surveys more than three hundred disputes involving insurance ratemaking and insurance rate regulation. The fruition of this project would not have been possible without the consistent encouragement and criticism of Roy McCullough, and it is with gratitude that I acknowledge his continuous and valuable assistance to me in this effort. Once an initial draft was prepared, a number of my associates cooperated by reading and commenting on the manuscript. I would like to give special thanks to Michael J. Miller and James F. Perry who unselfishly shared their time and knowledge to improve this work. Needless to say, none of those who read the manuscript is responsible for any errors in concept or detail that may remain.

Zielgruppe

Research

Autoren/Hrsg.

Mintel, J. K.

Inhaltsverzeichnis

1 Introduction.- Trends in Insurance Rate Litigation.- Rate Regulatory Laws.- Focus of Analysis.- I The Procedural Aspects of Insurance Rate Regulation.- 2 Ratemaking Initiative.- 3 Nature of Administration Rate Hearings.- 4 Procedural Due Process.- 5 Evidence.- 6 Rights of Third Parties.- 7 Procedural Aspects of Judicial Review.- II Judicial Treatment of Substantive Issues Concerning Insurance Rate Regulation.- 8 Risk Classifications Plans.- 9 Standards for Determining Rates.- 10 Measures of Outgo and Income.- 11 Allowance for Profit.- 12 Application of Approved Rate Filings.- 13 Retroactive Rate Regulation.- 14 Residual Market Rate Regulation.- III Judicial Treatment of Other Insurance Rate Regulatory Issues.- 15 Deregulation of Insurance Rates.- 16 Constitutional Aspects of Insurance Rate Regulation.- Alphabetical Table of Cases and Index.- Table of Cases by State.- About the Author.