Sample records for professional liability insurance

  1. Professional liability insurance and medical error disclosure. (United States)

    McLennan, Stuart; Shaw, David; Leu, Agnes; Elger, Bernice


    To examine medicolegal stakeholders' views about the impact of professional liability insurance in Switzerland on medical error disclosure. Purposive sample of 23 key medicolegal stakeholders in Switzerland from a range of fields between October 2012 and February 2013. Data were collected via individual, face-to-face interviews using a researcher-developed semi-structured interview guide. Interviews were transcribed and analysed using conventional content analysis. Participants, particularly those with a legal or quality background, reported that concerns relating to professional liability insurance often inhibited communication with patients after a medical error. Healthcare providers were reported to be particularly concerned about losing their liability insurance cover for apologising to harmed patients. It was reported that the attempt to limit the exchange of information and communication could lead to a conflict with patient rights law. Participants reported that hospitals could, and in some case are, moving towards self-insurance approaches, which could increase flexibility regarding error communication The reported current practice of at least some liability insurance companies in Switzerland of inhibiting communication with harmed patients after an error is concerning and requires further investigation. With a new ethic of transparency regarding medical errors now prevailing internationally, this approach is increasingly being perceived to be misguided. A move away from hospitals relying solely on liability insurance may allow greater transparency after errors. Legalisation preventing the loss of liability insurance coverage for apologising to harmed patients should also be considered.


    Directory of Open Access Journals (Sweden)

    О. Lobova


    Full Text Available The signs of professional liability insurance are generalized in the article. It is the presence of losses, additional costs that require mechanisms and sources of compensation. The essence of the professional responsibility concept is determined and it is characterized like specialists material liability of different professions, lack of qualifications, errors and omissions are due to carelessness or negligence may cause harm to the client The main elements of the professional liability insurance contract, such as insurance objects, insurance compensation, insurance risks are described. The types of professional liability insurance are characterized. There are such types of the professional liability insurance: professional liability insurance of architect, lawyer, auditor (accountant, appraiser, notary, customs broker and doctor. It is determined, that the most widespread in Ukraine is the professional liability insurance of lawyer and customs broker because the policy is purchased for the sole purpose to obtain a license. The size of insurance rates in the provision of professional liability insurance in different insurance companies of Ukraine are analyzed. It is established that insurance rate depends on the type of professional activity, scope of service, qualifications and the other factors. The development impulse can only provide judicial and legal definition of professions wide list that are subject under mandatory professional liability insurance.

  3. Professional Liability Insurance Contracts: Claims Made Versus Occurrence Policies


    Martin Boyer; Karine Gobert


    One of the major contract innovation in liability insurance during the liability crisis of the early 1980s was the introduction of claims-made and reported insurance contracts. Typical insurance contracts are based on loss occurrence (i.e., occurrence-based contracts), which means that a loss incurred in a given year is covered by the insurance contract for that year, no matter when the claims is actually reported. In a claims-made contract, losses are covered in the year in which they are re...

  4. 29 CFR 18.411 - Liability insurance. (United States)


    ... 29 Labor 1 2010-07-01 2010-07-01 true Liability insurance. 18.411 Section 18.411 Labor Office of... OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Relevancy and Its Limits § 18.411 Liability insurance... evidence of insurance against liability when offered for another purpose, such as proof of agency...

  5. 33 CFR 401.23 - Liability insurance. (United States)


    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Liability insurance. 401.23....23 Liability insurance. (a) It is a condition of approval of an application for preclearance that the vessel is covered by liability insurance equal to or exceeding $100 per gross registered ton. (b) No...


    Directory of Open Access Journals (Sweden)

    M. Malik


    Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.




  8. Liability and Insurance for Suborbital Flights (United States)

    Masson-Zwaan, T.


    This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.


    Directory of Open Access Journals (Sweden)

    Ruxandra-Cristina DUȚESCU


    Full Text Available With the evolution and modernization of the liberal professions, both practitioners and clients are also aware of their rights and obligations, the risks involved in exercising professions that depend on the accuracy of information, the stability of decisions, and the observance of deadlines. The present study looks at the appearance of the particularities of the civil liability in the liberal professions existing in Romania in relation to the legal obligation to conclude an insurance policy for professional liability, as well as the situations and conditions in which it produces its effects.


    Directory of Open Access Journals (Sweden)

    Gârbo Viorica Irina


    Full Text Available Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the

  11. 48 CFR 1452.228-70 - Liability Insurance. (United States)


    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Liability Insurance. 1452... Insurance. As prescribed in 1428.301, insert the following clause: Liability Insurance—Department of the... extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance...

  12. Performance measurement and insurance liabilities

    NARCIS (Netherlands)

    Plantinga, A; Huijgen, C


    In this article, the authors develop an attribution framework for evaluating the investment performance of institutional investors such as insurance companies. The model is useful in identifying the investment skills of insurance companies. This is accomplished by developing a dual benchmark for the

  13. Environmental pollution liability insurance in China: compulsory or voluntary?

    NARCIS (Netherlands)

    Feng, Y.; Mol, A.P.J.; Lu, Y.L.; He, G.Z.; Koppen, van C.S.A.


    China started the trial application of Environmental Pollution Liability Insurance in 2008, as part of a wider development of using market actors and market mechanisms in mitigating environmental pollution. Around the world and in China two main patterns of local pollution insurance practices can be

  14. Carrier's Liability Insurance in the Function of Transportation Service Quality

    Directory of Open Access Journals (Sweden)

    Dragica Dalić


    Full Text Available The quality of transportation se1vices understands quickness,accuracy and safety at minimal costs for the carrier andthe service user. Possible emergency situations may bring substantialmaterial and business damage both to the service userand to the transportation service provider. Carrier's liability insurancegives the carrier security in case of evidenced full orpartial loss or damage of goods, as well as in case of delay in delivery.The insurance allows annulment of carrier's costs generatedby emergency situations which favourably affects the operationof transportation companies and allows maintenance ofthe quality of the carrier's se1vices. The work analyses the presenceof can·ier's liability insurance in the Republic of Croatia atfive insurance companies, through the analysis of the totalnumber of insurances and the number of insured vehicles, followingthe trend in this type of insurance and its influence onthe quality of the carrier services.

  15. Insurer risk control and nuclear liability

    Energy Technology Data Exchange (ETDEWEB)

    DeMerchant, C. [Nuclear Insurance Association of Canada, Toronto, ON (Canada)


    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  16. Clinical safety and professional liability claims in Ophthalmology. (United States)

    Dolz-Güerri, F; Gómez-Durán, E L; Martínez-Palmer, A; Castilla Céspedes, M; Arimany-Manso, J


    Patient safety is an international public health priority. Ophthalmology scientific societies and organisations have intensified their efforts in this field. As a tool to learn from errors, these efforts have been linked to the management of medical professional liability insurance through the analysis of claims. A review is performed on the improvements in patient safety, as well as professional liability issues in Ophthalmology. There is a high frequency of claims and risk of economic reparation of damage in the event of a claim in Ophthalmology. Special complaints, such as wrong surgery or lack of information, have a high risk of financial compensation and need strong efforts to prevent these potentially avoidable events. Studies focused on pathologies or specific procedures provide information of special interest to sub-specialists. The specialist in Ophthalmology, like any other doctor, is subject to the current legal provisions and appropriate mandatory training in the medical-legal aspects of health care is essential. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career, and help in increasing patient safety. The aim of this review is to contribute to this training, for the benefit of professionals and patients. Copyright © 2017 Sociedad Española de Oftalmología. Publicado por Elsevier España, S.L.U. All rights reserved.

  17. Securitization product design for China's environmental pollution liability insurance. (United States)

    Pu, Chengyi; Addai, Bismark; Pan, Xiaojun; Bo, Pangtuo


    The environmental catastrophic accidents in China over the last three decades have triggered implementation of myriad policies by the government to help abate environmental pollution in the country. Consequently, research into environmental pollution liability insurance and how that can stimulate economic growth and the development of financial market in China is worthwhile. This study attempts to design a financial derivative for China's environmental pollution liability insurance to offer strong financial support for significant compensation towards potential catastrophic environmental loss exposures, especially losses from the chemical industry. Assuming the risk-free interest rate is 4%, the market portfolio expected return is 12%; the financial asset beta coefficient is 0.5, by using the capital asset pricing model (CAPM) and cash flow analysis; the principal risk bond yields 9.4%, single-period and two-period prices are 103.85 and 111.58, respectively; the principal partial-risk bond yields 10.09%, single-period and two-period prices are 103.85 and 111.58, respectively; and the principal risk-free bond yields 8.94%, single-period and two-period prices are 107.99 and 115.83, respectively. This loss exposure transfer framework transfers the catastrophic risks of environmental pollution from the traditional insurance and reinsurance markets to the capital market. This strengthens the underwriting capacity of environmental pollution liability insurance companies, mitigates the compensation risks of insurers and reinsurers, and provides a new channel to transfer the risks of environmental pollution.

  18. Making decisions about liability and insurance a special issue of the journal of risk and uncertainty

    CERN Document Server

    Kunreuther, Howard


    Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, no...

  19. 24 CFR 965.215 - Lead-based paint liability insurance coverage. (United States)


    ... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Lead-based paint liability... Insurance Coverage § 965.215 Lead-based paint liability insurance coverage. (a) General. The purpose of this... with lead-based paint activities that the PHA undertakes, in accordance with the PHA's ACC with HUD...

  20. 26 CFR 20.2206-1 - Liability of life insurance beneficiaries. (United States)


    ... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Liability of life insurance beneficiaries. 20.2206-1 Section 20.2206-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... § 20.2206-1 Liability of life insurance beneficiaries. With respect to the right of the district...

  1. Environmental Pollution Liability Insurance in China: In Need of Strong Government Backing


    Feng, Yan; Arthur P.J. Mol; Lu, Yonglong; He, Guizhen; van Koppen, C.S.A.


    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies have entered the pollution insurance market with their own products and contracts. Companies in environmentally sensitive sectors and high-risk industries bought pollution insurance, and a few success...

  2. Environmental Pollution Liability Insurance in China: In Need of Strong Government Backing

    NARCIS (Netherlands)

    Feng, Y.; Mol, A.P.J.; Lu, Y.; He, G.; Koppen, van C.S.A.


    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies

  3. 48 CFR 1852.228-81 - Insurance-Partial Immunity From Tort Liability. (United States)


    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Partial Immunity... Provisions and Clauses 1852.228-81 Insurance—Partial Immunity From Tort Liability. As prescribed in 1828.311-270(c), insert the following clause: Insurance—Partial Immunity From Tort Liability (SEP 2000) (a...

  4. 48 CFR 1852.228-82 - Insurance-Total Immunity From Tort Liability. (United States)


    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Insurance-Total Immunity... Provisions and Clauses 1852.228-82 Insurance—Total Immunity From Tort Liability. As prescribed in 1828.311-270(d), insert the following clause: Insurance—Total Immunity From Tort Liability (SEP 2000) (a) The...

  5. [Perspectives in medical liability]. (United States)

    Pizarro W, Carlos


    The progressive increase of medical negligence law suits requires an updated analysis of the current situation of medical liability in Chile. The application of a new criminal procedure will avoid criminal prosecution of doctors, transferring to the civil courts the pecuniary sanctions for malpractice. Medical negligence and damage inflicted by doctors that require compensation are explained. The most likely evolution of medical liability is proposed, through an increase in civil liability insurance and the necessary standardization of rules applicable to professional liability.


    Directory of Open Access Journals (Sweden)

    S. Berezina


    Full Text Available In this article the necessity of finding new ways to optimize motor insurance system to improve the quality and availability of insurance services was made. The necessity of the improvement of quality in services of compulsory insurance of vehicle owners' civil liability through the system of direct indemnity for losses is grounded in the article. The results of theoretical analysis and generalization of opportunities and practical measures as for putting into practice in Ukraine the direct indemnity for losses according to this type of insurance taking into account the experience of other countries are represented. The advantages of the innovative method for insurer and insured were highlighted.

  7. Default risk, bankruptcy procedures and the market value of life insurance liabilities

    NARCIS (Netherlands)

    Chen, A.; Suchanecki, M.


    The topic of insolvency risk in connection with life insurance companies has recently attracted a great deal of attention. In this paper, the question is investigated of how the values of the equity and of the liability of a life insurance company are affected by the default risk and the choice of

  8. Optimal claim behaviour for third-party liability insurances with perfect information

    NARCIS (Netherlands)

    N.P. Dellaert (Nico); J.B.G. Frenk (Hans); I. Voshol (Ilje)


    textabstractIn this paper we analyse the optimal claim behaviour of a policy holder having a third-party liability insurance in which one is allowed to decide at the end of an insurance year which damages occurred during that year should be claimed. This analysis can only be carried out in detail in

  9. Market Research of the Russian National and Regional Aspects of Builders Liability Insurance

    Directory of Open Access Journals (Sweden)

    Aleksander Andreevich Tsyganov


    Full Text Available The article studies the ways and level of the protection of the rights of shared construction participants in Russia, and the utilization of builders liability insurance for the purpose to identify the problem regions and the prospects of the development of mechanisms ensuring the liability of developers. The basis for the article was the study of real estate developers in 15 cities with the population over 1 million people. The article presents the data of the types of fund raising for building housing in the cities with the population over 1 million people, the regional differentiation in this parameter is highlighted. The article has explored the implementation of mechanisms ensuring the liability of developers for transfering premises to the shareholders. The main factors considered in the article are the form of registration of the relationship between a developer and an individual — an investor, as well as the mechanisms ensuring the liability of developers. It is shown that in some regions, the level of protection of the participants of shared construction is low. The mechanisms ensuring the liability of developers including the legal requirements for liability insurance and guarantee of credit institution are systematized. In the article, the key term of the liability insurance of builders for default on obligations or improperly performing the obligations on the delivery of residential properties, and also the condition of the guarantee of credit institution on the delivery of residential properties are considered. The regional features of how people participate in the construction of housing are described in the context of mechanisms ensuring the liability of developers. The use of various ensuring mechanisms, the differences in insurance by the commercial organizations and by joining the mutual society are shown. The results of the study can be used at the correction of the state and regional policy in the field of housing

  10. Environmental pollution liability insurance in China: in need of strong government backing. (United States)

    Feng, Yan; Mol, Arthur P J; Lu, Yonglong; He, Guizhen; van Koppen, C S A


    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies have entered the pollution insurance market with their own products and contracts. Companies in environmentally sensitive sectors and high-risk industries bought pollution insurance, and a few successful compensation cases have been reported. Still, pollution insurance faces a number of challenges in China. The absence of a national law weakens the legal basis of pollution insurance, and poor technical support stagnates further implementation. Moreover, current pollution insurance products have limited risk coverage, high premium rates, and low loss ratios, which make them fairly unattractive to polluters. Meanwhile, low awareness of environmental and social liabilities leads to limited demand for pollution insurance products by industrial companies. Hence, the pollution insurance market is not yet flourishing in China. To improve this situation, this economic instrument needs stronger backing by the Chinese state.

  11. 42 CFR 411.54 - Limitation on charges when a beneficiary has received a liability insurance payment or has a... (United States)


    ... 42 Public Health 2 2010-10-01 2010-10-01 false Limitation on charges when a beneficiary has received a liability insurance payment or has a claim pending against a liability insurer. 411.54 Section 411.54 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICARE PROGRAM EXCLUSIONS FROM MEDICARE AND...

  12. 24 CFR 266.25 - Limitation on HUD insurance liability. (United States)


    ... party to a risk-sharing agreement with HUD with respect to the rights, benefits, and obligations of the... AUTHORITIES HOUSING FINANCE AGENCY RISK-SHARING PROGRAM FOR INSURED AFFORDABLE MULTIFAMILY PROJECT LOANS...

  13. Life Insurance Liabilities with Policyholder Behaviour and Stochastic Rates

    DEFF Research Database (Denmark)

    Buchardt, Kristian

    rate, disability rate, and other transition rates are assumed to be deterministic. Broadly speaking this PhD thesis consists of various extensions of this model to address the modern needs of life insurance companies. These extensions can be categorised into two types: the inclusion of policyholder...

  14. Liability. (United States)

    Hollander, Patricia A.

    Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…

  15. The need of the Nuclear Civil Liability Insurance; La necesidad del Seguro de Responsabilidad Civil Nuclear (SRCN)

    Energy Technology Data Exchange (ETDEWEB)

    Gomez del Campo, J.


    Nuclear Liability Insurance (NLI), emerged as a safety mechanism and product to respond to a great risk. because of the compulsory nature of international and national regulations, it has become a compulsory contract. Nuclear risk coverage pools are founded as groups of insurers and reinsures, without legal entity, which cooperate and pool their resources to deal with these great risks. In spain Atomic Pool has been renamed ESPANUCLEAR, administered by and Economic Interest Grouping called Nuclear risk Insurers. (Author)

  16. Analyzing solvency with extreme value theory: an application to the Spanish motor liability insurance market

    Directory of Open Access Journals (Sweden)

    María José Pérez-Fructuoso


    Full Text Available An accurate estimation of extreme claims is fundamental to assess solvency capital requirements (SCR established by Solvency II. Basing on the Extreme Value Theory (EVT, this paper performs a parametric estimation to fit the motor liability insurance historical datasets of two significant and representative companies operating within the Spanish market to a Generalized Pareto Distribution. We illustrate how EVT improves classical adjustments, as it considers outliers apart from mass risks, what leads to optimize the pricing decision-making and fix a risk transfer position.

  17. Perinatal asphyxia and medical professional liability: A case series

    Directory of Open Access Journals (Sweden)

    Andrea Verzeletti


    Full Text Available In the context of medical professional liability, obstetrics is one of the most involved medical specialties because the unfavorable outcome of a pregnancy is difficult to accept for parents, who tend to reduce it to inappropriate care that occurred during pregnancy or birth. 32 cases of perinatal asphyxia were evaluated by the Institute of Forensic Medicine in Brescia during the period between 1999 and 2014 (13 in Civil Court and 19 in Penal Court. 9 out of the 32 pregnancies were twins, so the considerations were carried out on a total of 41 fetuses/newborns. Profiles of inadequacy were identified in 66% of cases (85% of the cases evaluated in Civil Court; 53% of the cases evaluated in Penal Court. The existence of a causal relationship between the medical conduct and the onset of asphyxia was recognized in 79% of civil cases and in 38% of penal cases. There is a “greater rigor” in the verification of causal relationship and malpractice profiles in penal cases compared to civil ones: this is in harmony with the most recent Italian Court decisions, characterized by compelling suspect’s protection in the presence of a reasonable doubt in criminal matters and by victim’s protection in civil ones.

  18. Asset and Liability Composition in Participating Life Insurance: The Impact on Shortfall Risk and Shareholder Value

    DEFF Research Database (Denmark)

    Gatzert, Nadine; Bohnert, Alexander; Jørgensen, Peter Løchte

    Management decisions regarding the asset and liability composition of a life insurance company can have a substantial impact on an insurer’s risk situation. At the same time, they also affect the fair risk-adjusted compensation offered to the company’s equity holders for providing capital...... surplus appropriation schemes on the company’s shortfall risk and the shareholders’ fair risk charge. The range of products comprises temporary life annuities and endowment insurance contracts with varying surplus appropriation schemes that are modeled actuarially. We thereby also account for mortality...... risk and ensure a fair situation for shareholders. Our findings emphasize that management decisions can have a substantial impact on the company’s shortfall risk, and that their effectiveness in risk reduction varies substantially depending on the surplus appropriation scheme offered to the customer...

  19. An Employer Guide on Insurance-Liability Issues and Child Labor Laws. New Jersey School to Careers: Work-Based Learning Activities. (United States)

    New Jersey State Dept. of Labor, Trenton.

    This guide provides employers with information on insurance coverage, child labor laws, and recommended steps for reducing potential liabilities that may occur by having students at the employer's site. The guide first covers employer liability issues and school Certificates of Insurance. The next part is organized to address employer concerns…

  20. The National Insurance Academy: Serving India's Insurance Professionals and Researchers (United States)

    Sane, Bhagyashree


    This article discusses how a special library can meet the needs of a specific industry. The author focuses on India's National Insurance Academy (NIA) Library, which serves the insurance industry of India and some neighboring countries. It is where the author serves as the chief librarian.

  1. A new approach to professional liability reform: placing obligations of stakeholders ahead of their interests. (United States)

    Chervenak, Judith L; Chervenak, Frank A; McCullough, Laurence B


    The authors utilize stakeholder theory to provide a new analysis of the professional liability crisis, by identifying the major stakeholders in our current system of professional liability, their respective obligations and self-interests, and how these interests are advanced and constrained by the current system. This stakeholder analysis reveals a core ethical obligation of all stakeholders: the preservation of the integrity of our current judicial system. The adverse impact of the pursuit of stakeholder self-interests, rather than fulfillment of their core, shared ethical obligation, on achievement of the goals of the current system, the deterrence of unsafe practice and compensation of injured patients, is then identified. The authors argue that approaches to reform of professional liability in obstetrics be based upon the common obligation of the stakeholders to fulfill the goals of the system, because attempts to align the myriad self-interests of the stakeholders will be futile. Copyright 2010 Mosby, Inc. All rights reserved.

  2. Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

    Energy Technology Data Exchange (ETDEWEB)

    Gavrilov, S.D. [PREKSAT Ltd., Moscow (Russian Federation); Derevyankin, A.A. [Reseaarch and Development Institute of Nuclear Power Engineering, Moscow (Russian Federation); Khamyanov, L.P. [All-Russian Research Institute on NPP Operation, Moscow (Russian Federation); Kovalenko, V.N. [Ministry for Nuclear Energy Of Russian, Moscow (Russian Federation); Kovalivich, O.M. [Research and Technological Center for Nuclear and Radiation Safety of Supervisory, Nuclear Energy State Commitee of Russia, Moscow (Russian Federation); Smirnov, P.L. [Nuclear Safety Institute of Russian Academy of Sciences, Moscow (Russian Federation)


    Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS

  3. 32 CFR 220.11 - Special rules for automobile liability insurance and no-fault automobile insurance. (United States)


    ... many cases covered by this section, the United States has a right to collect under both 10 U.S.C. 1095... cases, the authority is concurrent and the United States may pursue collection under both statutory authorities. (2) Cases involving tort liability. In cases in which the right of the United States to collect...

  4. Review of Ophthalmology Medical Professional Liability Claims in the United States from 2006 through 2015. (United States)

    Thompson, Atalie C; Parikh, P Divya; Lad, Eleonora M


    To describe characteristics of closed medical professional liability (MPL) claims against ophthalmologists in the United States. Retrospective analysis of MPL claims from 2006-2015. Data were obtained from the Physician Insurers Association of America (PIAA) Data Sharing Project (DSP). Comparison was made between ophthalmology and all healthcare specialties for physician demographics, prevalence and costs associated with closed claims, and resolution of claims. The most prevalent chief medical factor, presenting medical condition, operative procedure, outcomes, and resolution of ophthalmology claims were compared between the 2006-2010 and 2011-2015 periods. From 2006-2015, 90 743 MPL claims were closed: 2.6% (2325/90 743) of closed claims and 2.2% (564/24 670) of all paid claims were against ophthalmologists. Retrospective analysis of MPL claims captured by the PIAA DSP over a 10-year period. Subspecialty pertaining to the claim, number of claims closed and paid, indemnity paid, allocated loss adjustment expenses, chief medical factor, presenting medical condition, operative procedure, outcome, and resolution. Only 24% of closed claims against ophthalmologists resulted in payment. Two-thirds were dropped, withdrawn, or dismissed. Ninety percent of claims that received a verdict were favorable toward the ophthalmologist. Cataract and cornea surgeries were the most prevalent and most costly operative procedures, accounting for 50% of all claims and $47 641 376 and $32 570 148 in total paid indemnity, respectively. Average indemnity was higher for corneal procedures ($304 476) than vitreoretinal procedures ($270 141) or oculoplastic procedures on the eyelid ($222 471) or orbit and eyeball ($183 467). The prevalence and cost of claims related to endophthalmitis declined from 2006-2010 (n = 38/1160 [3.3%]; average indemnity, $516 875) period to the 2011-2015 (n = 26/1165 [2.2%]; average indemnity, $247 083) period. Average indemnity paid

  5. [Clinical safety and professional liability claims in Orthopaedic Surgery and Traumatology]. (United States)

    Bori, G; Gómez-Durán, E L; Combalia, A; Trilla, A; Prat, A; Bruguera, M; Arimany-Manso, J


    The specialist in orthopaedic and traumatological surgery, like any other doctor, is subject to the current legal provisions while exercising their profession. Mandatory training in the medical-legal aspects of health care is essential. Claims against doctors are a reality, and orthopaedic and traumatological surgery holds first place in terms of frequency of claims according to the data from the General Council of Official Colleges of Doctors of Catalonia. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career. The aim of this review is to contribute to this training, for the benefit of professionals and patients. Copyright © 2015 SECOT. Published by Elsevier Espana. All rights reserved.

  6. CARMEL racio analiys in the asset liability management process for insurance companies in Republic of Serbia

    Directory of Open Access Journals (Sweden)

    Vujović Vukosava


    Full Text Available CARMEL racio indicators are used as a risk management tool in the insurance companies - specialy for insurance, solvency, investment, borrowing and operational risk. Indicators are formed by comparison of the balance sheet items and various analytical data. Those indicators are being specialy adapted for insurance sector with the main purpose to evaluate financial standing and business capabilities of the insurance companies. The comparative analisys and the development level assessment of the Serbian insurance sector are being prepared on the basis of the regulatory institutions and the insurance assotiations (in Serbia, Croatia and Germany officialy published data, as well as European institutions data resources (OECD, Insurance Europe, European Central Bank, etc. Provoked by the Solvency II project implementation, the comparison of CARMEL racio indicators for Serbia with the Europian insurance trends have been performed on the example of a few Serbian companies.

  7. The Term Structure of Interest Rates and its Impact on the Liability Adequacy Test for Insurance Companies in Brazil

    Directory of Open Access Journals (Sweden)

    Antonio Aurelio Duarte


    Full Text Available The Brazilian regulation for applying the Liability Adequacy Test (LAT to technical provisions in insurance companies requires that the current estimate is discounted by a term structure of interest rates (hereafter TSIR. This article aims to analyze the LAT results, derived from the use of various models to build the TSIR: the cubic spline interpolation technique, Svensson's model (adopted by the regulator and Vasicek's model. In order to achieve the objective proposed, the exchange rates of BM&FBOVESPA trading days were used to model the ETTJ and, consequently, to discount the cash flow of the insurance company. The results indicate that: (i LAT is sensitive to the choice of the model used to build the TSIR; (ii this sensitivity increases with cash flow longevity; (iii the adoption of an ultimate forward rate (UFR for the Brazilian insurance market should be evaluated by the regulator, in order to stabilize the trajectory of the yield curve at longer maturities. The technical provision is among the main solvency items of insurance companies and the LAT result is a significant indicator of the quality of this provision, as this evaluates its sufficiency or insufficiency. Thus, this article bridges a gap in the Brazilian actuarial literature, introducing the main methodologies available for modeling the yield curve and a practical application to analyze the impact of its choice on LAT.

  8. The Cost and Availability of Liability Insurance for Small Business. Hearings before the Committee on Small Business. United States Senate, Ninety-Ninth Congress, Second Session on the Cost and Availability of Liability Insurance for Small Business. Part 2 (February 20 and 21, 1986). (United States)

    Congress of the U.S., Washington, DC. Senate Committee on Small Business.

    The text of a Senate Committee on Small Business hearing on the cost and availability of liability insurance for small business is presented in this document. The crisis faced by small business with skyrocketing insurance rates is described in statements by Senators Lowell Weicker, Jr., Robert Kasten, Jr., Dale Bumpers, Paul Trible, Jr., James…


    Directory of Open Access Journals (Sweden)

    Ali Imron


    Full Text Available Legal obligation to pay compensation of an insurance company arise immediatelyafter the evenement occurred, if this obligation not being settled right away it can becategorized as “fall due debt” and “claimable”, and this can be used as a reason to proposebankruptcy application. The creditor’s fundamental rights practically impeded by Section 2article (5 of Insolvency Act, which give absolute authority to Minister of Finance in proposingbankruptcy application for insurance company. This authority is attached to the status of Ministerof Finance as the guider and supervisor of insurance institution in Indonesia, but this authorityoften might reduce people’s trust to insurance institution itself if it is not used carefully andwisely. For the sake of law and justice, Minister of Finance should acts proportionally if thebankruptcy application doesn’t have enough reason, according to Minister’s authority in thecase of bankruptcy application for insurance company against their insured and other creditors.

  10. [Criminal claims about medical professional liability in the Instituto de Medicina Legal of Lima, Peru]. (United States)

    Navarro-Sandoval, Cleyber; Arones-Guevara, Shermany; Carrera-Palao, Rosa; Casana-Jara, Kelly; Colque-Jaliri, Tomasa


    To determine the characteristics of the criminal complaints claining medical professional liability, based on the expert reports issued by the Forensic Examination Division of Lima, Peru. A cross-sectional study was carried out, which included all the expert reports issued between 2005 and 2010 at the Forensic Examination Division of Lima, Peru. A descriptive analysis of each of the variables was performed. 60.3% (495/821) of the criminal complaints for medical professional liability were valued as being in accordance with the lex artis while 16.8% (138/821) were not in accordance with the lex artis. In 13% (107/821) of the cases, conclusions could not be drawn;in 9.9% (81/821) of the cases, the conclusions in the expert report did not include an valuations of the medical act.The cases in which the injury was attributed to the process of the disease itself accounted for 80.9% (502/620), and those in which in the injury was considered a result of the health care received were 19.0% (118/620). The distribution of the cause of the injury based on accordance with the lex artis showed significant differences. In our country, the number of claims for claimed medical liability is increasing, predominantly in relation to surgical specialties, where a medical act is more likely to be considered not in accordance with the lex artis. In addition, in a significant percentage of cases, no conclusions are drawn about the medical act.


    Directory of Open Access Journals (Sweden)

    Ruxandra-Cristina DUȚESCU


    Full Text Available Increasingly, complaints about medical malpractice ocure extreme situations such as the death of the person or the occurrence of irreparable injuries. Professional misconduct in the exercise of the medical or medical-pharmaceutical act generating harm to the patient implies the civil liability of medical personnel and the provider of medical, sanitary and pharmaceutical products and services. Law no. 95/2006 on the health reform stipulates the obligation of the medical staff to conclude a malpractice insurance for the cases of professional civil liability for the damages created by the medical act, the indemnities being the responsibility of the insurer, within the limits of the liability established by the insurance policy.

  12. [Tort Liability and School Transportation. (United States)

    Franke, Allyn J.

    School districts, school employees, bus companies contracted by districts, and bus company employees could be involved in court litigation over student injury and student civil rights related to school bus transportation. Civil rights insurance should be added to general liability insurance and motor vehicle liability insurance. Students must be…

  13. Analysis of obstetrics and gynecology professional liability claims in Catalonia, Spain (1986-2010). (United States)

    Gómez-Durán, Esperanza L; Mulà-Rosías, Joan Antoni; Lailla-Vicens, Josep Maria; Benet-Travé, Josep; Arimany-Manso, Josep


    To identify relevant factors involved in obstetrics and gynecology (OG) professional liability claims to help archive better management of risks. Analysis of 885 OG claims opened between 1986 and 2010, with the identification of the most common events leading to a claim, the economical and juridical characteristics of the claims, as well as the relevant trends over the study period. Most claims related to obstetrics. Labor, delivery and its complications accounted for 33.1% of the claims; 12.77% related specifically to cesarean. Oncological diseases, fetus death during labor and delivery, neurologically impaired infant and histerectomy-related problems were the most frequently claimed events. Most cases ended up without an indemnity payment and 37.7% of closed files were solved by an out-of-court procedure. Average payment was higher for the obstetric procedures than for those concerning gynecology cases. The proportion of claims relating to obstetrics increased during the study period, as well as the average payment. OG is at high-risk for malpractice claims, but compensation awards are not frequent. However, particular events, such as retained foreign objects, tubal ligation, ultrasound diagnosis or neurologically impaired newborns, deserve special attention regarding medico-legal issues. Copyright © 2013 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  14. Business Entity Selection: Why It Matters to Healthcare Practitioners. Part II--Corporations, Limited Liability Companies, and Professional Entities. (United States)

    Nithman, Robert W


    The Bureau of Labor statistics indicates only a 50% four-year survivability rate among businesses classified as "education and health services." Gaining knowledge of IRS business entities can result in cost savings, operational efficiency, reduced liability, and enhanced sustainability. Each entity has unique disadvantages, depending on size, diversity of ownership, desire to expand, and profitability. Business structures should be compatible with organizational mission or vision statements, services and products, and professional codes of ethics. Healthcare reform will require greater business acumen. We have an ethical duty to disseminate and acquire the knowledge to properly establish and manage healthcare practices to ensure sustainable services that protect and serve the community.

  15. Report: Self-Insurance for Companies With Multiple Cleanup Liabilities Presents Financial and Environmental Risks for EPA and the Public (United States)

    Report #18-P-0059, December 22, 2017. The EPA's ability to oversee self-insurance instruments is impaired, leaving the agency and taxpayers vulnerable to billions of dollars in financial risk and the public vulnerable to environmental risk.

  16. The Civil Liability of Accountants: a study focusing the new Brazilian civil code of 2002 from the perspective of professional ethics

    Directory of Open Access Journals (Sweden)

    Ketlyn da Silva Pasquali


    Full Text Available One of the trends in the development of accountancy is the alignment of accounting principles, ethics and civil liability. In this context, this study analyzes the perception of accountants with respect to professional ethics and liability in view of the new Brazilian civil code adopted in 2002. To examine professional ethics, we investigated the perception of accountants as to civil liability, the hypotheses of incidence, and preventive measures for protecting rights and interests in light of the new civil code, using a descriptive and quantitative approach.  Data was collected by means of a questionnaire applied to a sample of 52 accountants belonging to the Accountants Union of Cascavel and Region.  Comparisons were made of the responses using graphical analysis and consensus analysis.  On the basis of the results obtained, we can conclude that the accountants  attribute importance to the use of ethics in their professional practice and that there is very strong consensus on the obligation to carry out the accounting profession zealously and with technical expertise. With regard to the degree of knowledge concerning civil responsibility and liability in the execution of their activities, we observed that these professionals know the penalties for malicious and intentional unethical acts in the exercise of the profession. Future research could explore self-assessment for further investigation with the purpose of developing a sense of individual responsibility and critical spirit.

  17. What Extension Professionals Say about Teaching Health Insurance: Results from a Nationwide Survey (United States)

    Brown, Virginia; Koonce, Joan C.; Martin, Ken; Kiss, Elizabeth; Katras, Mary Jo; Wise, Dena


    The Extension Committees on Organization and Policy adopted a new Health and Wellness Framework with six priority areas. A health insurance literacy team was appointed to assess current system efforts and develop research, programs, and professional development opportunities. Survey results show that finance educators were the most likely…

  18. 78 FR 54373 - Records of Failed Insured Depository Institutions (United States)


    ... inefficiencies both currently and in the future. Accordingly, this final rule defines the term ``records'' in... the FDIC's enforcement and professional liability efforts on its Web site at: failed bank records.\\11\\ \\9\\ As a point of comparison, Federal law requires open insured depository...

  19. Limitation of Auditors' Liability

    DEFF Research Database (Denmark)

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding


    The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...... to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor’s tasks more expensive. Relevant EU recommendations and a comparative glance at other EU countries’ proposed solutions to the problem are included....

  20. Transplanting Diseases from Organ Donors in Western Europe: Fault Liability or Strict Liability? (United States)

    Broeckx, Nils; Verhoeven, Dimitri


    This article will examine the problem of disease transmission through organ transplantation from a civil liability perspective. Both fault liability and strict product liability might be possible. These two types of liability will be compared, while applying them to the actions of the central parties involved in organ donation and transplantation, namely the physician/hospital, the donor and the organ exchange organisation. While product liability is generally an easier way to obtain compensation than fault liability, it might nevertheless place too heavy a burden on the transplant professionals.

  1. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    Daniela Ciochină


    Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

  2. Liability in Employment Law


    Lang, Roman


    97 Liability in labour law Summary This diploma paper analyzes liability in labour law with focus on liability for damage. At first the diploma paper introduces conception of liability in general and idea of liability in labour law considering different position of employee and employer in labour relations. The diploma paper then enumerates the types of labour-law liability. The next chapter concentrates on liability for damage. This chapter describes characteristic features of liability for ...

  3. Reducing injustice from recent legislation subsidising insurance and restricting civil liability?: Baker-Morrison v NSW [2009] Aust Torts Reports 81-999; Amaca Pty Ltd v Novek [2009] Aust Torts Reports 82-001. (United States)

    Faunce, Thomas; Townsend, Ruth; Reardon, Konrad


    Shortly after the start of the new millennium, the Howard Federal Government in Australia was faced with a so-called "crisis" in medical indemnity insurance which may, in fact, have been due to corporate mismanagement. After a four-person review by a committee chaired by Justice Ipp (who currently serves as a justice on the New South Wales Court of Appeal), it agreed to subsidise the indemnity costs of Australian doctors but the quid pro quo was tort law reform legislation in Australian States. That raft of legislation significantly reduced the capacity of people (particularly patients) who were injured as a result of negligence to receive compensation. The new legislative scheme has been criticised as unjust in extra-curial speeches by senior judges involved in hearing civil litigation in Australia. A resulting hypothesis is that, in cases involving this legislative framework, judges might attempt to make it more just through interpretations enabling the recovery of reasonable damages by injured persons. In this column two such cases involving the Civil Liability Act 2002 (NSW) are discussed. The cases in question (Baker-Morrison v New South Wales [2009] Aust Torts Reports 81-999; [2009] NSWCA 35 and Amaca Pty Ltd v Novek [2009] Aust Torts Reports 82-001; [2009] NSWCA 50), though not involving negligence by medical practitioners, are presented as possible examples of judges enhancing justice in the application of this legislation. The importance is emphasised of judges in medical and other civil liability cases highlighting the hardships and inequities this legislation is found to create for injured people, as a necessary precursor to abolition of this scheme and its eventual replacement with a presumptively more equitable no-fault scheme for compensation, particularly for medically-induced injury in Australia.

  4. The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services

    Directory of Open Access Journals (Sweden)

    Deborah Pergament


    Full Text Available This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS, the Food and Drug Administration (FDA and the Federal Trade Commission (FTC, play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments.

  5. 37 CFR 10.78 - Limiting liability to client. (United States)


    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

  6. What price medical malpractice insurance? (United States)



    The Medical Review and Advisory Board has been established as a committee of the Commission on Professional Welfare of the California Medical Association to make studies and recommendations toward solution of the growing problems of professional liability insurance and malpractice actions in California. The members of the Board are: Joseph F. Sadusk, Jr., Oakland, Chairman; Wilbur Bailey, M.D., Los Angeles, vice-chairman; Howard W. Bosworth, M.D., Los Angeles; H. I. Burtness, M.D., Santa Barbara; Paul W. Frame, Jr., M.D., Sacramento; Verne G. Ghormley, M.D., Fresno; Carl M. Hadley, M.D., San Bernardino; Joseph J. O'Hara, M.D., San Diego; William F. Quinn, M.D., Los Angeles; Rees B. Rees, M.D., San Francisco; and Bernard Silber, M.D., Redwood City; Mr. Rollen Waterson, 564 Market Street, San Francisco 4, is executive secretary, and Mr. Howard Hassard is legal counsel.

  7. Liability for Diagnosing Malingering. (United States)

    Weiss, Kenneth J; Van Dell, Landon


    Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness. Evaluees taking exception to the label may claim that the professional has committed defamation of character (libel or slander) when the diagnosis is wrong and costs the claimant money or benefits. Clinicians may counter by claiming immunity or that the diagnosis was made in good faith. This problem has come into focus in military and veterans' contexts, where diagnoses become thresholds for benefits. Through historical and literary examples, case law, and military/veterans' claims of disability and entitlement, the authors examine the potency of the malingering label and the potential liability for professionals and institutions of making this diagnosis. © 2017 American Academy of Psychiatry and the Law.

  8. Possible ways of determining value of Life Insurance Company


    Zaderlíková, Šárka


    This thesis is focused on describing chosen methods used in liabilities valuation of Life Insurance Company. This is the basis for a valuation of whole Insurance Company. Next goal is real valuation of liabilities and the whole company. The value of liabilities is computed with the Market Consistent Embedded Value methodology and valuation of the company is expresed with Appraisal Value, which is currently one of the most widely used methods for valuation of a life Insurance Company. The valu...

  9. A scoping study on the costs of indoor air quality illnesses:an insurance loss reduction perspective

    Energy Technology Data Exchange (ETDEWEB)

    Chen, Allan; Vine, Edward L.


    The incidence of commercial buildings with poor indoor air quality (IAQ), and the frequency of litigation over the effects of poor IAQ is increasing. If so, these increases have ramifications for insurance carriers, which pay for many of the costs of health care and general commercial liability. However, little is known about the actual costs to insurance companies from poor IAQ in buildings. This paper reports on the results of a literature search of buildings-related, business and legal databases, and interviews with insurance and risk management representatives aimed at finding information on the direct costs to the insurance industry of poor building IAQ, as well as the costs of litigation. The literature search and discussions with insurance and risk management professionals reported in this paper turned up little specific information about the costs of IAQ-related problems to insurance companies. However, those discussions and certain articles in the insurance industry press indicate that there is a strong awareness and growing concern over the "silent crisis" of IAQ and its potential to cause large industry losses, and that a few companies are taking steps to address this issue. The source of these losses include both direct costs to insurers from paying health insurance and professional liability claims, as weIl as the cost of litigation. In spite of the lack of data on how IAQ-related health problems affect their business, the insurance industry has taken the anecdotal evidence about their reality seriously enough to alter their policies in ways that have lessened their exposure. We conclude by briefly discussing four activities that need to be addressed in the near future: (1) quantifying IAQ-related insurance costs by sector, (2) educating the insurance industry about the importance of IAQ issues, (3) examining IAQ impacts on the insurance industry in the residential sector, and (4) evaluating the relationship between IAQ improvements and their impact on

  10. Weighing up the EC Environmental Liability Directive

    NARCIS (Netherlands)

    Winter, Gerd; Jans, Jan H.; Macrory, Richard; Kraemer, Ludwig


    In spite of a lengthy gestation period, the Environmental Liability Directive left conceptual puzzles that have caused difficulties of transposition by Member States and of application by authorities, operators, third parties and insurance companies. This is largely due to the fact that the

  11. Effectiveness of Existing International Nuclear Liability Regime

    Energy Technology Data Exchange (ETDEWEB)

    Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)


    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to


    Directory of Open Access Journals (Sweden)

    Luminita PAIUSAN


    Full Text Available Our research is topical in the context in which accounting takes an increasingly important role in the social life of each individual and implicitly of the society it belongs to and aims to present the alternative accounting concepts and practices of creative accounting on equity and liabilities to tourism entities. In determining the arguments to justify the real need for knowledge in this area we must delineate the research field Creative Accounting. In this sense, the research envisaged a systematization and reconsideration as well a synthesis and antithesis of the concepts presented on this topic in the specialized literature, in the regulations of various professional bodies and authorities. The knowledge of the patrimonial system, of its capacity to generate profits at a time is insured with both accounting and an accurate and effective control.

  13. Constant Proportion Portfolio Insurance

    DEFF Research Database (Denmark)

    Jessen, Cathrine


    insurance largely died with the crash of 1987, but CPPI is still going strong. In the frictionless markets of finance theory, the issuer’s strategy to hedge its liability under the contract is clear, but in the real world with transactions costs and stochastic jump risk, the optimal strategy is less obvious...

  14. 30 CFR 778.18 - Insurance. (United States)


    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Insurance. 778.18 Section 778.18 Mineral... APPLICATIONS-MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION § 778.18 Insurance. An application shall contain either a certificate of liability insurance or evidence of self...

  15. Clinical trial insurance in Serbia

    Directory of Open Access Journals (Sweden)

    Žagar Zlatko A.


    Full Text Available Prior the commencement of the clinical trial in Serbia the Sponsor is obliged to provide the insurance policy covering the patient's bodily injury and damaged health caused by the clinical trial. According to provisions of Serbian Insurance law insurance polices have to be issued by the insurance companies established in Serbia. Every insurance policy not issued by the insurance company established in Serbia shall be deemed as null and void. The only expectance, is when the foreign clinical trial liability policy is stipulated that the insurance contract acknowledges the jurisdiction of Serbian domestic courts and other Serbian authorities to decide on damage claims (that never happened in Serbian practice. The Sponsor will fulfill this obligation stipulated in Serbian law when provides the Clinical Trial Liability policy issued by the Serbian insurance company. Nowadays, few of Serbian insurance companies are issuing such polices. Under the clinical trial liability insurance cover the insured's are: Sponsor, Medical Centers in Serbia performing or controlling the clinical trial, Principal Investigators and their assistant staff performing or controlling the clinical trial. The beneficiaries of the insurance cover are patients and/or members of their families - inheritresses. The insurance company will indemnify the beneficiary mentioned in the policy when the insured event occurred i.e. when occurred bodily injury, psychic disease and alienation, psychic damages, illnesses and deaths caused by the clinical trial. The amount of indemnity by the insurance company to the beneficiaries is limited by the amount of sum insured per occurrence and/or by the total amount of the sum insured for the total period of the insurance cover. According to case-law in Serbia the total sum insured between EUR 500.000 and EUR 1.000.000 is considered as sufficient so far to indemnify the patients in case of the insured event. If an insurance event occurs the

  16. AEE's Report on the Insurance Issue: Part II. (United States)

    Marlow, Peggy


    Sixty-three outdoor adventure programs were reviewed to research the availability of general liability insurance for outdoor programs. Data were gathered on populations served, activities, insurer, and amount of general liability coverage. Three companies offered policies with high risk activity exclusions. Alternative ways to provide for…

  17. Managed care: a pothole in the road to medical malpractice insurance reform? (United States)

    Fouassier, James G


    Rising liability insurance premiums are due in significant part to the growth of managed care. Failure to address managed care abuses will not lead to effective solutions for controlling liability costs.

  18. 7 CFR 4279.143 - Insurance. (United States)


    ... value of the collateral or the amount of the loan. Hazard insurance includes fire, windstorm, lightning... any field office or the National Office). (e) Other. Public liability, business interruption...

  19. Modelling in life insurance a management perspective

    CERN Document Server

    Norberg, Ragnar; Planchet, Frédéric


    Focussing on life insurance and pensions, this book addresses various aspects of modelling in modern insurance: insurance liabilities; asset-liability management; securitization, hedging, and investment strategies. With contributions from internationally renowned academics in actuarial science, finance, and management science and key people in major life insurance and reinsurance companies, there is expert coverage of a wide range of topics, for example: models in life insurance and their roles in decision making; an account of the contemporary history of insurance and life insurance mathematics; choice, calibration, and evaluation of models; documentation and quality checks of data; new insurance regulations and accounting rules; cash flow projection models; economic scenario generators; model uncertainty and model risk; model-based decision-making at line management level; models and behaviour of stakeholders. With author profiles ranging from highly specialized model builders to decision makers at chief ex...

  20. Medicaid program; third party liability for medical assistance; FFP rates for skilled professional medical personnel and supporting staff; and sources of state share of financial participation--HCFA. Proposed rules. (United States)


    These proposed regulations would--(1) Broaden the scope of services for which a State must collect from third parties the cost of medical assistance furnished to Medicaid recipients, remove the specific requirements for the terms of cooperative agreements for third party collections, and revise the methods of paying claims involving third party liability; (2) Clarify criteria used in determining whether skilled professional medical personnel and supporting staff involved in the administration of the Medicaid program quality for 75 percent Federal matching; and (3) Clarify policy to permit public and private donations to be used as a State's share of financial participation in the entire Medicaid program, instead of only for training expenditures. The proposed amendments would clarify policy and reduce program expenditures.

  1. The lawyer civil liability

    Directory of Open Access Journals (Sweden)

    Ionaş, D.


    Full Text Available The article deals with the lawyer civil liability, with its two forms, namely the tort and the contractual liability, a question of real interest as the civil liability cases are much more numerous than many other criminal or disciplinary cases. We focused on the regulation and content of the lawyer civil liability, analyzing the provisions of Law no 51/1995 regarding the organization and exercise of advocacy in Romania and also on the provisions of the Statute of advocacy and that of the Code of Ethics.

  2. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco


    Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... allows policy makers to induce parties to undertake socially desirable care and activity levels. Traditionally, tort law systems have assigned residual liability either entirely on the tortfeasor or entirely on the victim. In this paper, we unpack the cheapest-cost-avoider principle to consider...


    Directory of Open Access Journals (Sweden)

    Madalina Giorgiana MANGRA


    Full Text Available The offer of insurance products is about the requirements and needs of the consumer who must always have information regarding: the type of insurance risk covered and the excluded risks, the sum insured, the payment of premiums and their duration. The accurate information of customer requires, from the commencement of contract and throughout its duration, that he or she is aware of the obligations throughout the contractual period. Most of the Romanians are turning their attention to one of the insurance companies found in the top 10 in 2016, supervised by F.S.A. (Financial Supervision Authority, preferring to have a policy of mandatory household and goods insurance, auto liability or life insurance, but are also interested in travel health insurance when going abroad, private health insurance or private pension insurance. Romanians' reluctance regarding the conclusion of an insurance comes from their distrust in insurance companies (see the situations of companies like Astra Insurance, Carpatica Insurance etc., their personal financial situation and the fear that they will not receive protection if the risk is covered but the insured sum is insufficient

  4. Valuation, hedging and the risk management of insurance contracts


    Barbarin, Jérôme


    This thesis aims at contributing to the study of the valuation of insurance liabilities and the management of the assets backing these liabilities. It consists of four parts, each devoted to a specific topic. In the first part, we study the pricing of a classical single premium life insurance contract with profit, in terms of a guaranteed rate on the premium and a participation rate on the (terminal) financial surplus. We argue that, given the asset allocation of the insurer, these technic...

  5. Surprising Selection Effects in the UK Car Insurance Market


    Cannon, Edmund; Cipriani, Giam Pietro; Bazar-Rosen, Katia


    We document a large and persistent anomaly in the UK car insurance market over the period 2012-13: insurance companies charged a higher premium for third-party (liability) insurance than comprehensive insurance (which includes third-party). Furthermore, some companies charged higher prices for comprehensive policies with larger deductibles. This evidence suggests both that consumers are too confused or too poorly informed to arbitrage and that sellers of car insurance do not implement the inc...

  6. Essays on valuation and risk management for insurers

    NARCIS (Netherlands)

    Plat, H.J.


    In recent years there has been increasing attention of the insurance industry for market consistent valuation of insurance liabilities and the quantification of insurance risks. Important drivers of this development are the new regulatory requirements resulting from the introduction of IFRS 4 Phase

  7. 26 CFR 1.803-1 - Life insurance reserves. (United States)


    ... do they include the net value of risks reinsured in other solvent companies; liability for premiums...) INCOME TAXES Life Insurance Companies § 1.803-1 Life insurance reserves. (a) The term “life insurance... cover the increased risk in the later years. In the case of cancellable health and accident policies and...


    Directory of Open Access Journals (Sweden)



    Full Text Available The violation of a social norm establishing a rule of conduct engages the violator’s liability. Responsibility is a social phenomenon and it expresses, in its shortest definition, an act of commitment of the individual in the process of social interaction. This study aims to analyze the concepts of liability and responsibility, but also the relationship between them, starting from their common fundamentals and ending with the main differences between the two notions.

  9. 26 CFR 31.3111-4 - Liability for employer tax. (United States)


    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for employer tax. 31.3111-4 Section...) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of 1954) Tax on Employers...

  10. Internship and Consulting Engagements: Management of the University's Liability. (United States)

    Peak, Daniel A.; O'Hara, Michael J.


    Examines liability incurred by university-sponsored information technology internships and consulting relationships with the business community. In these outreach engagements, the university takes the role of primary insurer for the business client and provides an indemnity shield for the university's representatives. As the number of engagements…



    Cristian, Bărcan


    Current legislation, namely Law no. 95/ 2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability.

  12. 22 CFR 151.8 - Evidence of insurance for motor vehicles. (United States)


    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Evidence of insurance for motor vehicles. 151.8... LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.8 Evidence of insurance for motor vehicles... insurance throughout the period of registration on all motor vehicles owned or leased or otherwise regularly...


    Directory of Open Access Journals (Sweden)

    Daniela POPESCU


    Full Text Available This study analyses a current and highly important problem because we are in front of an unrecorded growth of the production volume in parallel with its diversification. Due to the fact that the introduction in production of the new products is preceded by the subsequent execution of some manually manufactured prototypes, the products are manufactured afterwards on an industrial scale. Under these circumstances there is the possibility of small errors which affect the consumer’s behaviour towards the new products. That is why, in auditing the focus is on the careful supervision of the opinions of the consumers and especially of the shortcomings of some products indicated by consumers in order to remove these from the manufacturing line. Under these circumstances, a very tight connection is required between the producers and the consumers, and a special liability of the producers towards those products. At the same time this is also a worldwide concern for the regulation of the products responsibility which has already been adopted by some large manufacturing countries. The recent example of USA was followed by the European legislation. That is why American organisations which export to Europe have to be warned because the law of product liability has been adopted in many European countries. The insurance companies are usually paying the initial losses for the cases of product liability. The manufacturer of a product has to protect itself from the risk of being brought to trial or at least to reduce the risk to a level where he could afford a reasonable profit or a continuous growth. In order to meet this objective, we need a product liability prevention program. This study analyses the product liability prevention program and presents some of the essential common elements for such a program. Therefore, one can argue that in order to have an effective product liability prevention program, some operations are required as for example

  14. Legal Liability: When Is the Union Responsible? (United States)

    Barr, Margaret J.


    Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…

  15. [Medical liability issues]. (United States)

    Lebrun, C


    Of the 1603 civil liability cases filed between 2002 and 2012 related to upper-limb surgery, we found 20 proceedings (11 in court and 9 in front of the French CCI [commission for medical accidents]) that involved a total of 24 physicians: three proceedings involved multiple parties for a single patient and implicated two physicians in two cases and three physicians in one case. The grounds for liability being invoked varied greatly, but a good many of these cases concerned outcomes that were deemed unsatisfactory or insufficient in light of the initial injury. Information is always difficult to convey in an emergency setting, but is not generally disputed. However, the information process must be completed during the postoperative period and the patient informed of the injury assessment, expected results, potential complications and the possibility of surgical revision in the medium term. An expert found grounds for physician liability and breach of best practices in only three cases. In summary, this study shows that trauma-related flexor tendon injuries are rarely grounds for indictment of physicians before courts of civil jurisdiction (12 per 1000) and findings of liability for breach of best practices are even more rare (2 per 1000). Copyright © 2014. Published by Elsevier SAS.

  16. Legal Liabilities of Administrators. (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  17. Limitation of Auditors' Liability

    DEFF Research Database (Denmark)

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding


    The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...

  18. Contractual liability: In European, comparative and Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef


    liability is also specific that, according to the principle of parties' autonomy, the parties always may in advance agree on the extent of damages for the case of breach of contract, in a form of a clause on liquidated damages, forfeit money, suretyship for indemnification, the limitation of the sum insured in insurance contracts, clauses in the general conditions of business, etc. The author calls attention to the fact that these clauses in certain extent limit the scope of the indemnification for breach of a contract, according to which this liability differs from the liability for torts, where the principle of full indemnification applies as a rule.

  19. Insuring low-level radioactive waste sites: Past, present, and future

    Energy Technology Data Exchange (ETDEWEB)

    Viveiros, G.F. III


    The primary purpose of the paper is to provide information concerning the availability of nuclear liability insurance coverage under the Facility Form for low-level radioactive waste facilities only. The paper describes the past history of insurers and their merger into the Nuclear Atomic Energy Liability Underwriters (MAELU). The paper discusses the coverage afforded, underwriting suspension, and work the nuclear insurance pools are doing to lift the suspension.

  20. Life insurance


    Černá, Lenka


    Bachelor's thesis deals with the life insurance market in the Czech Republic. I compared the different insurance products life insurance among themselves. And these products is the formula published in the scientific literature.

  1. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

    We assess the impact of the introduction of schedules of non-economic damages (i.e. tiered caps systems) on the behavior of insurers operating in the medical liability market for hospitals while controlling the performance of the judicial system, measured as court backlog. Using a difference......-in-differences strategy on Italian data, we find that the introduction of schedules increases the presence of insurers (i.e. medical liability market attractiveness) only in inefficient judicial districts. In the same way, court inefficiency is attractive to insurers for average values of schedules penetration...... of the market, with an increasing positive impact of inefficiency as the territorial coverage of schedules increases. Finally, no significant impact is registered on paid premiums. Our analysis sheds light on a complex set of elements affecting the decisions of insurers in malpractice markets. The analysis...

  2. AEE's Report on the Insurance Issue (United States)

    Marlow, Peggy


    Provides timely information and strategies for coping with changes in the insurance industry that affect cost and availability of liability coverage for experiential education programs. Suggests ways for outdoor programs to transfer and avoid risk and to control risk if it must be assumed. (JHZ)

  3. Responsabilidade civil dos profissionais de enfermagem nos procedimentos invasivos Responsabilidad civil de los profesionales de enfermería en procedimientos invasivos Damage liability of nursing professionals in the invasive procedures

    Directory of Open Access Journals (Sweden)

    Cristina Maria Miranda de Sousa


    Full Text Available Este estudo teve por objetivo apreender as Representações Sociais da Responsabilidade Civil da Enfermagem nos procedimentos invasivos elaboradas pelos profissionais da área. Trata-se de uma pesquisa qualitaitva desenvolvida em um hospital público com 64 sujeitos. Os dados foram produzidos a partir do Teste de Associação Livre de Palavras, processados pelo software Tri-Deux Mots, sendo feita Análise Fatorial de Correspondência. O campo representacional dos sujeitos indicou atitudes favoráveis com relação ao estímulo procedimentos invasivos. As concepções sobre o estímulo infecção hospitalar demonstraram uma visão ampla do problema das infecções hospitalares e suas graves consequências. Porém, não se observou preocupação e manifestação nas representações sociais dos sujeitos sobre as responsabilidades civil do profissional de Enfermagem.Este estudio tuvo como objetivo aprehender las Representaciones Sociales de la Responsabilidad Civil de Enfermería en los procedimientos invasivos elaborados por los profesionales del área. Tratase de una investigación cualitativa desarrollada en un hospital estatal con 64 sujetos. Los datos fueron producidos a partir de examen de asociación libre de palabras, procesadas por el software Tri-Deux Mots, siendo hecho Análisis Factorial de Correspondencia. El campo representacional de los sujetos indicó actitudes favorables con relación al estímulo procedimientos invasivos. Las concepciones sobre el estímulo infección hospitalario demostraron una visión amplia del problema de las infecciones hospitalarios y sus graves consecuencias. Sin embargo no se observó preocupación y manifestación en las representaciones sociales del sometido sobre las responsabilidades civil del profesional de Enfermería.This study had as objective to apprehend the Social Representation of damage liability of nursing in the invasive procedures elaborated by the professionals of the area. It treats of a

  4. Medical liability of the physician in training. (United States)

    Wegman, Brian; Stannard, James P; Bal, B Sonny


    Lawsuits alleging medical negligence by postgraduate physicians in training (residents) arise from treatment received by aggrieved patients at teaching hospitals. A threshold question in determining liability is whether or not the standard of care has been violated. Courts have questioned whether the proper standard governing resident physician conduct should be that of a reasonably competent generalist physician, that of a specialty physician, or whether the standard should be some subjective determination that addresses the resident level of training. We examined legal cases in which the standard of care for a physician in training has been questioned. Additionally, we address how resident conduct can extend liability to supervising physicians and employer hospitals. Westlaw and LexisNexis, two major legal databases used by law professionals, were searched to identify existing case law and law review articles related to the standard of care that applies to physicians in training. Of 57 sources initially identified, 15 legal cases and 10 law review papers addressed the standard of care pertaining to physicians in training. These selected cases and papers form the basis of the present article. The standard by which the professional conduct of a physician in training is measured has varied; most recent legal cases have applied a specialty physician standard. Relevant court rulings have tried to strike a balance between patient interests versus the societal need to train physicians. Physician representation, nature of conduct, and extent of supervision of that conduct are relevant factors used by courts to determine liability. However, the recent standards are those of the physician who directly supervises the professional conduct of a resident in a given situation.

  5. Environmental liability demanded to a sewage works; Responsabilidad medioambiental exigida a una EDAR

    Energy Technology Data Exchange (ETDEWEB)

    Taure Mendez, J. M.; Rodriguez Escobar, R.


    The law 26/2007 of environmental liability determines a series of obligations. These ones are particularly relevant for that economical or professional activities with a bigger pollution potential. It will be applied to sewage works the new environmental liability system on its stricter form, since the activity developed is included inside Attachment III of the law 26/2007. this article studies the key concepts of the law, like environmental damages, operator, economic or professional activities, objective and unlimited liability, the measures of prevention, avoidance and repair, the compulsory constitution of financial guarantees and the determination of its amount. (Author) 8 refs.

  6. Health Insurance (United States)

    Health insurance helps protect you from high medical care costs. It is a contract between you and ... Many people in the United States get a health insurance policy through their employers. In most cases, ...

  7. Evaluation of legal liability for technological risks in view of requirements for peaceful coexistence and progress. (United States)

    Zandvoort, Henk


    Legal liability for risk-generating technological activities is evaluated in view of requirements that are necessary for peaceful human coexistence and progress in order to show possibilities for improvement. The requirements imply, given that political decision making about the activities proceeds on the basis of majority rule, that legal liability should be unconditional (absolute, strict) and unlimited (full). We analyze actual liability in international law for various risk-generating technological activities, to conclude that nowhere is the standard of unconditional and unlimited liability fully met. Apart from that there are enormous differences. Although significant international liability legislation is in place for some risk-generating technological activities, legislation is virtually absent for others. We discuss fundamental possibilities and limitations of liability and private insurance to secure credible and ethically sound risk assessment and risk management practices. The limitations stem from problems of establishing a causal link between an activity and a harm; compensating irreparable harm; financial warranty; moral hazard in insurance and in organizations; and discounting future damage to present value. As our requirements call for prior agreement among all who are subjected to the risks of an activity about the settlement of these difficult problems, precautionary ex ante regulation of risk-generating activities may be a more attractive option, either combined with liability stipulations or not. However, if ex ante regulation is not based on the consent of all subjected to the risks, it remains that the basis of liability in the law should be unconditional and unlimited liability. © 2010 Society for Risk Analysis.

  8. Probabilistic Insurance

    NARCIS (Netherlands)

    P.P. Wakker (Peter); R.H. Thaler (Richard); A. Tversky (Amos)


    textabstractProbabilistic insurance is an insurance policy involving a small probability that the consumer will not be reimbursed. Survey data suggest that people dislike probabilistic insurance and demand more than a 20% reduction in the premium to compensate for a 1% default risk. While these

  9. Probabilistic Insurance

    NARCIS (Netherlands)

    Wakker, P.P.; Thaler, R.H.; Tversky, A.


    Probabilistic insurance is an insurance policy involving a small probability that the consumer will not be reimbursed. Survey data suggest that people dislike probabilistic insurance and demand more than a 20% reduction in premium to compensate for a 1% default risk. These observations cannot be

  10. Some considerations on disciplinary liability overlapping criminal liability

    Directory of Open Access Journals (Sweden)

    Ştefania DUMITRACHE


    Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

  11. Government-sponsored microfinance program: Joint liability vs. individual liability

    Directory of Open Access Journals (Sweden)

    Arghya Kusum Mukherjee


    Full Text Available Swarnajayanti Gram Swarozgar Yojana (SGSY is a government-sponsored microfinance program. The scheme is based on four features: group lending with joint liability, progressive lending, back-ended subsidy, and social capital. We propose a new model of SGSY having these features: group lending with individual liability, progressive lending, back-ended subsidy, and social capital. “Joint liability” clause of the existing model is replaced with individual liability in the new model. The paper shows that problem of adverse selection is removed in both models, i.e. in “SGSY with group lending and joint liability” and “SGSY with group lending and individual liability.” The problem of “moral hazard” is more severe in the existing model of SGSY compared with the proposed model of SGSY. Borrowers are also benefitted from participation in the proposed scheme of SGSY than that in the existing model of SGSY.

  12. 75 FR 15603 - Common Crop Insurance Regulations; Florida Avocado Crop Insurance Provisions (United States)


    ... that have been buckhorned; damage; or a change in practices on yield potential of the insured crop... proportion to our liability on the harvested acreage for each unit. (b) In the event of loss or damage... civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of...

  13. 12 CFR 229.21 - Civil liability. (United States)


    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any..., except that— (i) In the case of an individual action, liability under this paragraph shall not be less...

  14. Environmental risk management for: insurance requirements, mergers and acquisitions and plant closures

    Energy Technology Data Exchange (ETDEWEB)

    Pizzi, F.P.


    Industry cannot rely on external sources such as EIL Insurance as the primary vehicle for minimizing or reducing environmental liabilities. We must develop strong internal risk management programs and procedures to eliminate or minimize the risks from operations.

  15. Risk-position reporting in the south african life-insurance industry ...

    African Journals Online (AJOL)

    This paper considers risk-reporting techniques in the life-insurance industry in South Africa, reporting on the results of a survey of current practice. Liability risk, asset risk, asset-liability risk, and operational risk are each viewed separately. The current state of reporting is considered and a view is taken as to the future outlook ...

  16. Splitting the bill: creating a national car insurance fund to pay for accidents in autonomous vehicles

    National Research Council Canada - National Science Library

    Schroll, Carrie


    ... assess liability for accidents involving self-driving cars, and how insurance should be structured to pay for those accidents. This Note discusses the potential parties who could be held liable: drivers, car-sharing companies, and manufacturers. This Comment suggests the elimination of liability for any accidents involving self-driving cars, and recommends...

  17. [Liability in Anaesthesiology: theory of disproportionate damage]. (United States)

    Galán Gutiérrez, J C; Galán Cortés, J C


    An analysis is made of the controversial application of the theory of disproportionate damage in the anaesthetic act, due to the high inherent risk, and regardless of the seriousness and importance of the surgery being performed. The existence of a disproportionate damage, that is, damage not foreseen nor accountable within the framework of the professional performance of the anaesthetist, does not by itself determine the existence of liability on the part of the anaesthetist, but the demand from the professionals themselves for a coherent explanation of the serious disagreement between the initial risk implied by their actions and the final consequence produced. Copyright © 2012 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Published by Elsevier España. All rights reserved.

  18. Aviation or space policy: New challenges for the insurance sector to private human access to space (United States)

    van Oijhuizen Galhego Rosa, Ana Cristina


    The phenomenon of private human access to space has introduced a new set of problems in the insurance sector. Orbital and suborbital space transportation will surely be unique commercial services for this new market. Discussions are under way regarding space insurance, in order to establish whether this new market ought to be regulated by aviation or space law. Alongside new definitions, infrastructures, legal frameworks and liability insurances, the insurance sector has also been introducing a new approach. In this paper, I aim to analyse some of the possibilities of new premiums, capacities, and policies (under aviation or space insurance rules), as well as the new insurance products related to vehicles, passengers and third party liability. This paper claims that a change toward new insurance regimes is crucial, due to the current stage in development of space tourism and the urgency to adapt insurance rules to support future development in this area.

  19. Liability Risks in Agri-food supply chains: the case of wet feed

    NARCIS (Netherlands)

    Meuwissen, M.P.M.; Asseldonk, van M.A.P.M.; Huirne, R.B.M.


    Abstract: Recent animal feed crises caused substantial damage throughout food supply chains and, consequently, initiated debates on the liability insurance cover of animal feed companies. In this framework, a quantitative risk analysis for wet feed producers in the Netherlands is presented. The


    Directory of Open Access Journals (Sweden)

    N. Prikazyuk


    Full Text Available The essence and features of different forms of motor insurance are studied. As investigated, the motor insurance is one of the most popular types of insurance in many countries, and continues its further quality development. It is stated that the following new vectors of development has been recently observed in developed countries: Internet sales are getting significantly prevalent along with the traditional channels of insurance distribution; insurers’ websites provide a wide range of online features in motor insurance; innovations in motor insurance based on the use of telematics, particularly the usage-based insurance, are widely spread. Basic types of motor insurance, which represent the domestic market, are analyzed. It was found that the share of motor insurance in the insurance market of Ukraine is significant. As established, the proportion of net premiums of motor insurance is decreasing, because its development is significantly influenced by economic factors. Measures, applied by insurance companies in the domestic market of motor insurance to attract new customers and retain the existing ones, are defined. In particular, insurers are trying to develop the implementation of insurance services online, and use possibilities offered by mobile technologies. It was found that the domestic market of motor insurance is characterized by a high level of fraud, that is why some innovative measures in the domestic and international motor insurance agreements are taken to decrease it, such as the introduction of mandatory registration of insurance agents, who have the right to perform mediatory activity in compulsory civil liability insurance of owners of motor vehicles (CCLIOMV, and procedures for contracting the international insurance “Green Card” agreements with simultaneous entering the information on concluded agreement into a unified centralized database of Motor (transport insurance bureau of Ukraine using the “Green Card online

  1. 25 CFR 273.46 - Liability and motor vehicle insurance. (United States)


    ... EDUCATION ASSISTANCE ACT PROGRAM EDUCATION CONTRACTS UNDER JOHNSON-O'MALLEY ACT General Contract... part. However, where the Bureau contracting officer determines that the risk of death, personal injury...

  2. 48 CFR 1252.217-76 - Liability and insurance. (United States)


    ... required by the Contracting Officer, the Contractor shall execute a formal assignment or transfer of the... of and shall not affect the pricing structure of the contract, and are additional to the compensation...

  3. 48 CFR 3052.217-95 - Liability and insurance (USCG). (United States)


    ... Contractor shall execute a formal assignment or transfer of the claim, demand, or cause of action. (5) No... of and shall not affect the pricing structure of the contract, and are additional to the compensation...

  4. Liability of statutory organs in limited liability companies

    Directory of Open Access Journals (Sweden)

    Martin Janků


    Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

  5. The influence of expert testimony on legal decisions regarding the civil liability of doctors

    Directory of Open Access Journals (Sweden)



    Full Text Available Nosocomial infection is notoriously one of the primary problems faced by healthcare insti-tutions and by professionals who work for them. This fact is demonstrated by the growing number of legal actions proposed in the legal system by patients and users of the health care system. Because of this scenario, the phenomenon of civil liability has arisen in cases of noso-comial infection. The legal implications of this phenomenon are varied and involve issues of the institutional environment and of professional conduct. Thus, the current study seeks to analyze the literature on the decisions taken by Brazilian courts regarding civil liability in cases of nosocomial infection. Conceptual aspects that define this healthcare problem are listed, as are the types of civil liability, the legal directives that guide conduct regarding this topic, and the decisions of Brazilian courts that consider civil liability in these cases. It was determined that the courts have been supported by the distinction between objective civil liability and subjective civil liability; additionally, it was determined that these courts are guided by the understanding of the existing service relationship between the institution or health care professional and the patient or user of the health care system.

  6. Fiscal Liability of State Contractors

    Directory of Open Access Journals (Sweden)

    Santiago Fajardo-Peña


    Full Text Available The State contract is one of the most important tools for public management. The formation, execution and liquidation of State contracts are also a potential cause of State patrimonial damages. Perhaps for this reason, many State contractors are prosecuted as if they were public spending managers. The question, however, is not as simple. The fiscal liability process has a qualified recipient: the fiscal manager. In this article, through a conceptual exposition and a case study, we identify the criterion for determining in which cases a State contractor acquires the function of controlling public funds and when he/she can be subjected to a fiscal liability.

  7. Being on sick leave due to heart failure: self-rated health, encounters with healthcare professionals and social insurance officers and self-estimated ability to return to work. (United States)

    Nordgren, Lena; Söderlund, Anne


    Younger people with heart failure often experience poor self-rated health. Furthermore, poor self-rated health is associated with long-term sick leave and disability pension. Socio-demographic factors affect the ability to return to work. However, little is known about people on sick leave due to heart failure. The aim of this study was to investigate associations between self-rated health, mood, socio-demographic factors, sick leave compensation, encounters with healthcare professionals and social insurance officers and self-estimated ability to return to work, for people on sick leave due to heart failure. This population-based investigation had a cross-sectional design. Data were collected in Sweden in 2012 from two official registries and from a postal questionnaire. In total, 590 subjects, aged 23-67, responded (response rate 45.8%). Descriptive statistics, correlation analyses (Spearman bivariate analysis) and logistic regression analyses were used to investigate associations. Poor self-rated health was strongly associated with full sick leave compensation (OR = 4.1, p work (OR = 3.3, p work imposes reduced quality of life. Positive encounters with healthcare professionals and social insurance officers can be supportive when people with heart failure struggle to remain in working life.

  8. 26 CFR 31.6001-2 - Additional records under Federal Insurance Contributions Act. (United States)


    ... paid. When the employer incurs liability for the taxes imposed by the Federal Insurance Contributions... Federal Insurance Contributions Act. (a) In general. (1) Every employer liable for tax under the Federal... than cash, paid to his employees after 1954 for services (other than agricultural labor which...

  9. University Liability for Sports Injuries. (United States)

    Rieder, Robert W.; Woodruff, William B., Jr.


    Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

  10. [Civil, criminal and ethical liability of medical doctors]. (United States)

    Udelsmann, Artur


    In the last years doctors have been the target of a growing number of civil, criminal law suits, as well as ethical procedures. Medicine is a widely targeted career, not only owing to its inherent risks, but also owing to a mistaken approach of the Judiciary Power about the obligations of medical doctors. Decisions of the Medical Board in ethical procedures have an impact in civil and criminal justice and therefore should be followed closely. The purpose of this review is to provide a wide view from a doctor-lawyer perspective of cases involving civil, criminal liability of anesthesiologists as well as ethical procedures against them, in an effort to make them comprehensible to doctors. After a brief historical introduction civil liability foundations and legal articles are examined. Responsibilities of doctors, hospitals and health insurance providers are discussed separately, as well as reparation mechanisms. Crimes possible to occur during medical practice and respective penalties are described; the direct relationship between crime and civil reparation is demonstrated. The administrative nature of ethical procedure is described, emphasizing that the legal character of its penalties often serve as grounds for civil and criminal justice decisions. Prevention is still the best medicine. Good medical practice and a good medical-patient relationship are still the best ways to minimize lawsuits and their repercussions. Doctors should have some knowledge of juridical mechanisms in lawsuits and ethical procedures, but should not take defense initiatives without prior consultation of an attorney. Civil, criminal and ethical liability of physicians.

  11. On the regulator-insurer interaction in a structural model (United States)

    Bernard, Carole; Chen, An


    In this paper, we provide a new insight to the previous work of Briys and de Varenne [E. Briys, F. de Varenne, Life insurance in a contingent claim framework: Pricing and regulatory implications, Geneva Papers on Risk and Insurance Theory 19 (1) (1994) 53-72], Grosen and Jørgensen [A. Grosen, P.L. Jørgensen, Life insurance liabilities at market value: An analysis of insolvency risk, bonus policy, and regulatory intervention rules in a barrier option framework, Journal of Risk and Insurance 69 (1) (2002) 63-91] and Chen and Suchanecki [A. Chen, M. Suchanecki, Default risk, bankruptcy procedures and the market value of life insurance liabilities, Insurance: Mathematics and Economics 40 (2007) 231-255]. We show that the particular risk management strategy followed by the insurance company can significantly change the risk exposure of the company, and that it should thus be taken into account by regulators. We first study how the regulator establishes regulation intervention levels in order to control for instance the default probability of the insurance company. This part of the analysis is based on a constant volatility. Given that the insurance company is informed of regulatory rules, we study how results can be significantly different when the insurance company follows a risk management strategy with non-constant volatilities. We thus highlight some limits of the prior literature and believe that the risk management strategy of the company should be taken into account in the estimation of the risk exposure as well as in that of the market value of liabilities.

  12. Proportionality in the New German Insurance Contract Act 2008

    NARCIS (Netherlands)

    H. Heiss (Helmut)


    markdownabstract__Abstract__ In 2008, the German legislature enacted a completely revised Insurance Contract Act, in which a new rule of proportionality replaced the former all-or-nothing principle for questions of liability. This article outlines the reasons for this shift and the impact of the

  13. Homicide committed by psychiatric patients: Psychiatrists' liability in Italian law cases. (United States)

    Terranova, Claudio; Rocca, Gabriele


    Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients. © The Author(s) 2015.


    Bărcan, Cristian


    Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.


    Directory of Open Access Journals (Sweden)

    D. Ulianova


    Full Text Available Environmental protection is one of the main stream in business development.The purpose of this research is to identify how company should account their environmental liability. The article consists of National Accounting Standards or International Accounting Standard Company analyses as both can be used in Ukraine. This article describes options for environmental liability accounting. On the one hand, company can identify environmental liability, and book it on below-line balance account. It is called contingent liability in that case. On the other hand, such liability can be considered as object for provisions. The second option means that company not only identify its environmental liability, but also will step to step create essential amount for environmental management. Also such allocation can be included into expenses. In that way company divide potential losses between periods and secure company from the big one in some recognized period. Sometimes such outstanding liabilities can lead to bankruptcy because of huge amounts.

  16. Liability of the economic group

    Directory of Open Access Journals (Sweden)

    Andrés Mendive Dubourdieu


    Full Text Available In this paper we analyze if the person who cause a damage is a member of a group of economics operators affects or not the possible liability. According endeavor to expose in the tort case of the parent company for the group may respond by its causal effect, pursuant to Article 1319 of the Civil Code or under the application of the concept of dependence contained in Article 1324 of the same code. In contrast, in the case of contractual damages is not admissible to apply the concept of dependency of the Article 1324, being the sole basis of any liability of the parent company, its causal involvement in the breach, under the application of the Institute of non contractual credit protection. Accordingly, in this case the responsibility of the parent is of a contractual nature.

  17. Government Owned-Contractor Operated Munitions Facilities: Are They Appropriate in the Age of Strict Environmental Compliance and Liability?

    National Research Council Canada - National Science Library

    Connor, Mark J


    ... responsibility for environmental compliance and to allocate the risks associated with strict environmental compliance and liability. In addition, a mechanism must be devised to insure that Congress imposes environmental requirements on GOCO facilities only to the extent that adequate funding is provided to meet those requirements.

  18. Total Liability for Excessive Harm


    Cooter, Robert; Porat, Ariel


    The harm that each individual causes others is unverifiable in some circumstances where the total harm caused by everyone is verifiable. For example, the environmental agency can often measure the total harm caused by pollution much easier than it can measure the harm caused by each individual polluter. In these circumstances, implementing the usual liability rules or externality taxes is impossible. We propose a novel solution: Hold each participant in the activity responsible for all of the...

  19. Historical Drawbacks of Limited Liability

    Directory of Open Access Journals (Sweden)

    Denis Boyle


    Full Text Available Limited liability is a human invention which has facilitated enormous economic growth around the world, particularly since the time of its general application in advanced countries during the nineteenth century. The individual legal identity of companies, coupled with the limited liability of their owners, has provided protection for investors from the risks associated with their investments. It has thus contributed to increase the sources of capital available to finance projects which might otherwise have been considered unviable. However, the legal protection offered to investors has negative consequences for other participants in economies. Speculation in stock markets often damages society. It is very important to study the drawbacks of limited liability and to suggest modifications to achieve a more stable, less volatile, economic growth in the world. Although this article goes to some lengths to recognise the work of authors who emphasise the positive historical economic contribution of limited lability, its main objective is to provoke a reflection around texts which point out the drawbacks and propose solutions.

  20. Toward a construct of liability of origin


    Amankwah-Amoah, J.; Debrah, Y.A.


    In this paper, we advance a novel concept of liability of origin to explicate the mechanisms through which location can be become either a liability or an advantage. Our analysis sheds light on how firms’ ability to compete and gain legitimacy can be derailed or enhanced by their geographical location. We illustrate our theoretical analysis using multiple cases in the airline industry in Africa. Four distinct phases that explicate how liability of origin manifests in firms’ legitimacy quest a...

  1. The Pulse of Liability of Foreignness

    DEFF Research Database (Denmark)

    Kaiser, Ulrich; Sofka, Wolfgang

    companies. Such liabilities of foreignness are persistent in nature. We investigate the causes behind these detrimental effects. We identify two major factors conceptually: a lack of legitimacy in the host country on the demand side and a lack of responsiveness on the side of the multinational corporation...... that legitimacy is the dominant factor behind the effects of liability of foreignness. As customer experience increases, liability of foreignness caused by a lack of responsiveness becomes more of an issue....

  2. New legislation on civil liability for nuclear facilities; Nueva legislacion sobre responsabilidad civil en instalaciones nucleares

    Energy Technology Data Exchange (ETDEWEB)



    The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

  3. International Liability Issues for Software Quality

    National Research Council Canada - National Science Library

    Mead, Nancy


    This report focuses on international law related to cybercrime, international information security standards, and software liability issues as they relate to information security for critical infrastructure applications...

  4. Crop-insurance

    NARCIS (Netherlands)

    Wijk, van der S.


    Crop insurance was fairly new in the Netherlands but there was no legal objection or limitation to particular crops. If a crop were insured, it was important that the whole area of the crop were insured. Speculative insurance seemed preferable to mutual insurance.

    Crop insurance covered all risks

  5. Crop insurance: Risks and models of insurance

    Directory of Open Access Journals (Sweden)

    Čolović Vladimir


    Full Text Available The issue of crop protection is very important because of a variety of risks that could cause difficult consequences. One type of risk protection is insurance. The author in the paper states various models of insurance in some EU countries and the systems of subsidizing of insurance premiums by state. The author also gives a picture of crop insurance in the U.S., noting that in this country pays great attention to this matter. As for crop insurance in Serbia, it is not at a high level. The main problem with crop insurance is not only the risks but also the way of protection through insurance. The basic question that arises not only in the EU is the question is who will insure and protect crops. There are three possibilities: insurance companies under state control, insurance companies that are public-private partnerships or private insurance companies on a purely commercial basis.


    Directory of Open Access Journals (Sweden)

    A. N. Jampol'skij


    Full Text Available This paper presents an analysis of the current state of the Russian market of insurance services provided by appraisers and notaries working in the real estate market. According to the results of analysis of the real estate market infrastructure organizations highlighted the company business and intermediary market infrastructure. It is possible to identify the specifi c risks and to compare them to exist in the Russian insurance. Liability insurance organizations – representatives of the business infrastructure of the real estate market serves to increase the economic security of transactions, and in this context deserves regular monitoring for the purpose of correction of legislation in relation to modern economic realities. The paper presents an analysis of the legislation governing the liability insurance of notaries and appraisers, recommendations are made to improve the practice of insurance.


    CERN Multimedia


    The CERN-AUSTRIA Agreement, which implemented CERN's health insurance scheme, expired on 31 December 1999.In accordance with CERN's rules, a call for tenders for the management of the health insurance scheme was issued and the contract was once again awarded to AUSTRIA. In June 1999, the Finance Committee thus authorised the Management to conclude a new contract with AUSTRIA, which came into force on 1st January 2000.Continuity is thus assured on favourable conditions and the transition from one contract to the other will entail no substantial changes in the system for those insured at CERN except for a few minor and purely formal amendmentsWHAT REMAINS UNCHANGEDThe list of benefits, i.e. the 'cover' provided by the system, is not changed;Neither is the reimbursement procedure.AUSTRIA's office at CERN and its opening hours as well as its city headquarters remain the same. The envelopes containing requests for reimbursement have had to be sent (since the end of 1998) to :Rue des Eaux-Vives 94Case postale 64021...

  8. Reflections of Civil and Criminal Liability in Obstetrical Violence Cases

    Directory of Open Access Journals (Sweden)

    Roberto Carvalho Veloso


    Full Text Available Obstetric violence is characterized by the imposition of interventions harmful to the physical and psychological integrity of pregnant women, perpetrated by health professionals and institutions (public and private in which such women are assisted. This paper aims to discuss the civil and criminal liability in cases of obstetric violence, from the judgments of the Supreme Court (STF, Superior Court of Justice (STJ and the Courts of Justice (TJs of the Rio Grande do Sul State and Minas Gerais, in order to identify the nature of the punishment and characterization of obstetric violence.

  9. Hazardous waste and the common law theories of liability

    Energy Technology Data Exchange (ETDEWEB)

    Wang, C.C.K.


    A primer for chemical engineers, this review gives examples of cases involving hazardous waste and environmental pollution. It begins with the discussion of common law tort and its application. The review covers the statute of limitations and common law as it applies to negligence, trespass, nuisance, strict liability, and damages and remedies. Because of the complexity of common law, the courts will render diverse and sometimes conflicting or confusing decisions. Given the explosive expansion of public awareness and scrutiny in the area of hazardous wastes, the chemical engineer should have a basic appreciation of common law. Professional assistance is advisable since the area is always changing.

  10. Liability of Defense Contractors for Hazardous Waste Cleanup Costs

    National Research Council Canada - National Science Library

    Steinbeck, Margaret O


    .... While the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) imposes strict, joint, and several liability, the contractor and the Department of Defense (DoD...

  11. Understanding and Limiting School Board Member Liability. (United States)

    Hodges, Terry; Jones, Stephanie; Purvis, Mary L.; Rubin, David B.; Thrasher, Doralee; Underwood, Julie; Watkins, W. David

    This book is a primer on board-member liability issues and is intended for both board members and school attorneys. The first chapter, "The Legal System," examines federal sources of legal authority, state and local sources of legal authority, and federal and state judicial structures. Liability under state tort law is the subject of chapter 2,…

  12. Legal liability under an IDM program. (United States)

    Wolfe, D L; Stanton, T J


    Integrated disability management (IDM) programs offer employers a simple, strategic approach to managing health and lost time. However, components of these programs also present potential liabilities under federal, and sometimes, state law. This article reviews the sources of these liabilities and summarizes techniques for minimizing the risk of employers (and managers individually).

  13. Liability, Athletic Equipment, and the Athletic Trainer. (United States)

    Black, Richard

    Standards of conduct, roles, and responsibilities expected of athletic trainers should be developed and disseminated. These guidelines could be used in court to show that the athletic trainer was following basic standards if he should be charged with liability. A review of liability cases involving athletic injuries received while athletes were…

  14. [The civil liability of obstetricians]. (United States)

    Uphoff, R; Hindemith, J


    The number of maternal and child deaths associated with delivery in Germany has reached a historically low level. Even so, the number of claims for damages arising from birth complications is continuously increasing. The reasons for this apparent paradox are analysed in the present contribution. Basic principles of the present situation concerning legal precedents with regard to birth damages are illustrated. The legal instrumentarium which the courts use to reach their decisions is presented. The interactions of the reasons for liability are demonstrated for the five most frequently occurring critical obstetric situations (intrauterine asphyxia, premature amniorrhexis, danger of premature birth, intrauterine growth retardation, birth of a depressed child).From an analysis of court decisions on liability questions that result from an objective failure of obstetric management in critical situations, four general empirical rules can be derived and observation of these rules could markedly reduce the number of patient claims. The function of civil court rulings as a necessary control instance is positively accepted. © Georg Thieme Verlag KG Stuttgart · New York.

  15. Liability impact of the hospitalist model of care. (United States)

    Schaffer, Adam C; Puopolo, Ann Louise; Raman, Supriya; Kachalia, Allen


    An increasingly large proportion of inpatient care is provided by hospitalists. The care discontinuities inherent to hospital medicine raise concerns about malpractice risk. However, little published data exist on the medical liability risks associated with care by hospitalists. We sought to determine the risks and outcomes of malpractice claims against hospitalists in internal medicine. Retrospective observational analysis. Using claims data from a liability insurer-maintained database of over 52,000 malpractice claims, we measured the rates of malpractice claims against hospitalists compared to other physician specialties, types of allegations against hospitalists, contributing factors, and the severity of injury in and outcomes of these claims. Hospitalists had a malpractice claims rate of 0.52 claims per 100 physician coverage years (PCYs), which was significantly lower than that of nonhospitalist internal medicine physicians (1.91 claims per 100 PCYs), emergency medicine physicians (3.50 claims per 100 PCYs), general surgeons (4.70 claims per 100 PCYs), and obstetricians-gynecologists (5.56 claims per 100 PCYs) (P < 0.001 for all comparisons). The most common allegation types made against hospitalists were for errors in medical treatment (41.5%) and diagnosis (36.0%). The most common contributing factors underlying claims were deficiencies in clinical judgment (54.4%) and communication (36.4%). Of the claims made against hospitalists, 50.4% involved the death of the patient. Despite fears of increased liability from the hospitalist model of care, hospitalists in internal medicine are subject to medical malpractice claims less frequently when compared to other internal medicine physicians and specialties. © 2014 Society of Hospital Medicine.

  16. Estratégia profissional e mimetismo empresarial: os planos de saúde odontológicos no Brasil Professional strategy and institutional isomorphism: the dental health insurance industry in Brazil

    Directory of Open Access Journals (Sweden)

    Cristine Vieira


    Full Text Available O artigo analisa o modelo organizacional das empresas de planos de saúde odontológicos das modalidades de cooperativas de profissionais e a odontologia de grupo para compreender a dinâmica da oferta de serviços odontológicos no país. Adotou-se como referência a formulação institucionalista de Di Maggio e Powell. O mercado de planos de saúde odontológico é pulverizado, com o predomínio de empresas de pequeno porte, e apresenta um grande dinamismo, que favorece as empresas de pequeno, médio e alto porte. As modalidades analisadas concentram a maior proporção de beneficiários e receitas. A análise geral do desempenho do setor revela impressionante dinamismo na captação de clientes, mesmo após a criação da ANS. O regime de regulação tem imposto um novo padrão institucional à entrada, permanência e saída das empresas no mercado, que não afeta o desempenho setorial. Os dados analisados evidenciam que o setor de planos de saúde odontológicos é altamente rentável, apresentando uma grande capacidade na geração de receitas que explica o crescimento e a permanência destas modalidades no mercado. Os padrões de rentabilidade média, principalmente das empresas de odontologia de grupo, são extremamente elevados, ficando muito acima de qualquer atividade empresarial do Brasil.This article analyzes the organizational model of the dental health industry. The main organizational leaders in this industry are the professional cooperatives and group dental insurance companies. The theoretical basis of the article is the organizational theory developed by Di Maggio and Powell. The dental health industry consists of a great number of small and very dynamic companies, however an expressive part of clients and profit are concentrated in a few large companies. The results show that the industry has expanded the number of clients after the creation of the National Health Insurance Agency. The regulation regime has forced

  17. Insurances in the petroleum industry; Seguros na industria do petroleo

    Energy Technology Data Exchange (ETDEWEB)

    Lima, Juliana S.F. [IRB-Brasil Resseguros, Rio de Janeiro, RJ (Brazil)


    This work shows an overview, focused mainly Brazil, of the insurance branch that deals with the upstream activities. The oil industry represents a substantial exposition for insurance international market because of the catastrophic nature of its risks, that entails a capacity dependency. The most of Insurance split into several insurers and reinsurer and are distributed into several markets and several regions of the world. The oil and gas branch of insurance covers: physical damage to equipment (platforms, vessels, drill ship etc), build, operation and liability in consequence of claims. The contract of insurance is complex because it is specific and demands much negotiation of rates and conditions. Moreover it is needed to find reliable insurers which want to accept the risk. There are alternatives to insurance market created by oil companies such as Captive and Mutual companies. The insurance international market built a complex and customized structure in order to be able to offer coverage to upstream risks and to participate in the amounts related to oil and gas production. (author)

  18. The art of alternative risk transfer methods of insurance

    Directory of Open Access Journals (Sweden)

    Athenia Bongani Sibindi


    Full Text Available The very basis of insurance is risk assumption. Hence it is the business of insurance to give risk protection. The notion that all ‘risk is risk’ and hence should be treated as such, has become the driving force on the risk landscape. Insurance companies have no room to be selective, as there are competitive threats posed by other financial players who are waiting on the wings to invade the market segment. There has been an emergence of new risks, such as cyber, terrorism as well as liability risks. The insurance cycles have made traditional insurance cover expensive. In this article we sought to interrogate whether Alternative Risk Transfer techniques represent a cost effective way of balancing insurability and the bottom line by analysing global trends. On the basis of the research findings it can be concluded that indeed the ART solutions are a must buy for both corporates and insurance companies, as they result in the organisation using them achieving financial efficiency. The present study also demonstrates that there is a paradigm shift in insurance from that of indemnity to that of value enhancement. Lastly the study reveals that ART solutions are here to stay and are not a fad. Insurance companies cannot afford the luxury of missing any further opportunities, such as happened with Y2K, which proved to be a free lunch.

  19. Civil liability: characterization of the demand for lawsuits against dentists. (United States)

    Zanin, Alice Aquino; Herrera, Lara Maria; Melani, Rodolfo Francisco Haltenhoff


    In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists. In an inductive approach, a single researcher screened and collected civil liability rulings by accessing the Court's website, and following a statistical-descriptive procedure and an indirect observation technique. The most frequently involved specialty was prosthodontics. However, oral and maxillofacial surgery was related to a higher incidence of damages awarded to settle claims and to higher damage amounts. The dentist was found guilty in 44.32% of the cases researched. Pecuniary damages ranged between R$ 485.50 and R$ 12,530.00, and non-pecuniary damages ranged between R$ 2,500.00 and R$ 70,000.00. Most lawsuits were filed by women against male dentists. An increase in the relative number of lawsuits against companies versus individuals was observed.

  20. 46 CFR 4.23-1 - Evidence of criminal liability. (United States)


    ... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 4.23-1 Section 4.23-1... AND INVESTIGATIONS Evidence of Criminal Liability § 4.23-1 Evidence of criminal liability. If, as a result of any investigation or other proceeding conducted hereunder, evidence of criminal liability on...

  1. Federal Deposit Insurance Corporation (FDIC) Insured Banks (United States)

    Department of Homeland Security — The Summary of Deposits (SOD) is the annual survey of branch office deposits for all FDIC-insured institutions including insured U.S. branches of foreign banks. Data...

  2. Gynaecological cytopathology and the search for perfection: civil liability and regulatory ramifications. (United States)

    Freckelton, Ian


    The article analyses the potential for false negative and false positive results from Pap smear testing by gynaecological cytopathology laboratories. It also reviews case law in relation to the liability of general practitioners, gynaecologists, cytoscreeners and pathologists in respect of cervical cancer diagnoses. It argues that the concerns expressed in the 1990s about unfair findings of liability against cervical screeners have not been borne out, liability only having been found by the courts where culpable failure to adhere to the standards to be expected of professional behaviour has been established by probative evidence. It argues that the challenge for the future is for cytology screening to articulate definitively where the distinctions lie between acceptable and unacceptable error and for the medical profession and the legal profession to accommodate to the limitations of gynaecological cytopathology.

  3. Vicarious Liability for Group Companies: the Final Frontier of Vicarious Liability?


    Morgan, Phillip David James


    This article seeks to explore the pressing unanswered commercial issue: whether or not a parent company can potentially be vicariously liable for its subsidiary's torts. It is currently undecided in English law, however, the theory of vicarious liability as recently expounded by the Supreme Court, as well as the development of new categories of vicarious liability, point towards vicarious liability for legal persons. This article argues that a legal (or natural) person may employ, or be in a ...

  4. Unemployment Insurance Query (UIQ) (United States)

    Social Security Administration — The Unemployment Insurance Query (UIQ) provides State Unemployment Insurance agencies real-time online access to SSA data. This includes SSN verification and Title...

  5. Liability for industrial disasters: law and democracy

    Energy Technology Data Exchange (ETDEWEB)

    Lalo, A. [Nice Univ., 06 (France)


    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error,of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and

  6. Roadway related tort liability and risk management. (United States)


    This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

  7. Alcohol on Campus and Possible Liability. (United States)

    Buchanan, E. T.


    Reviews laws and court cases relating to alcohol and possible civil and criminal liability. Suggests a number of risk management principles, including knowledge of the law, policies forbidding hazing, fostering alcohol awareness, and discipline. (JAC)

  8. Liability exposure for surgical robotics instructors. (United States)

    Lee, Yu L; Kilic, Gokhan; Phelps, John Y


    Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks. Published by Elsevier Inc.

  9. Comprehensive Environmental Response, Compensation and Liability Act (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, provides a federal "superfund" to clean up...

  10. A Danish Twin Study of Schizophrenia Liability

    DEFF Research Database (Denmark)

    Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I


    We studied schizophrenia liability in a Danish population-based sample of 44 twin pairs (13 MZ, 31 DZ, SS plus OS) in order to replicate previous twin study findings using contemporary diagnostic criteria, to examine genetic liability shared between schizophrenia and other disorders, and to explore...... whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia...... liability specified variance attributable to additive genetic and non-shared environmental factors, this model did not differ significantly from a model that also included non-additive genetic factors, consistent with recent interview-based twin studies. Schizophrenia showed strong genetic links to other...

  11. Comprehensive Environmental Response, Compensation and Liability Act (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — This data represents geographic terms used within the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, commonly known as...

  12. Dependent interest and transition rates in life insurance

    DEFF Research Database (Denmark)

    Buchardt, Kristian


    For market consistent life insurance liabilities modelled with a multi-state Markov chain, it is of importance to consider the interest and transition rates as stochastic processes, for example in order to consider hedging possibilities of the risks, and for risk measurement. In the literature...... forward rates. We propose a specific model for surrender modelling, and within this model the dependent forward rates are calculated, and the market value and the Solvency II capital requirement are examined for a simple savings contract....

  13. Perspectives on medical malpractice self-insurance financial reporting. (United States)

    Frese, Richard C; Kitchen, Patrick J


    Financial reporting of medical malpractice self-insurance is evolving. The Financial Accounting Standards Board Accounting Standards Codification Section 954-450-25 provides guidance for accounting and financial reporting for medical malpractice. Discounting of medical malpractice liabilities has been reassessed in recent years. Malpractice litigation reform efforts continue in several states. Accountable care organizations could increase the frequency of medical malpractice claims because of patients' heightened expectations regarding quality of care.

  14. Market valuation in the framework of modern life insurance mathematics

    Directory of Open Access Journals (Sweden)

    Maja Petrač


    Full Text Available In the traditional actuarial life insurance mathematics, liabilities to beneficiaries (technical reserves are calculated based on conservative assumptions of mortality and interest rates. However, this approach was found to be incomplete since it does not contain the market component which has become essential due to the development of the financial market. Since about 80% of total liabilities of life insurance companies are made up of technical reserves, this issue has a major impact on the overall performance of insuran - ce companies. The introduction of financial components into the actuarial valuation resulted in actuarial mathematics using more and more the elements of financial mathematics thus creating new, modern life insurance mathematics. Using a simple example, this paper compares the traditional and market approaches to valuation. For this purpose, one of the principles of modern life insurance mathematics, the principle of equivalence, was observed. The above market approach to valuation, together with operational risk management, forms the basis of Solvency II Directive, the new legislative and regulatory framework for insurance and reinsurance companies in the European Union.

  15. Tax liability and fulfillment of tax obligations

    Directory of Open Access Journals (Sweden)

    Milošević Goran B.


    Full Text Available Tax liability is the duty of the taxpayer to pay the tax. The tax­payer is responsible for the fulfillment of tax obligations from the moment of the occurrence of taxable event on which the authority imposed the tax liability. The moment of the occurrence of taxable event shall be determined separately for each tax, in accordance with the relevant tax law. The fulfillment of tax obligations is the payment of the amount owed. for the tax.

  16. Architect/Engineer Liability in Construction Contracting. (United States)


    contractors. Where the A/E actions or inactions lead a construction contractor down a path where the contractor suffers economic damage, and it can be...standard of the profession in actions brought by third parties for negligence" [Ref. 1, p. 46. :% I1 --. The architect’s liability is tied directly The determination of A-E liability requires answering afffirmatively the following questions: (I) Is the construction modification

  17. Life Insurance. Universal-Life Insurance


    Smith, Mike; Hayhoe, Celia Ray


    Universal-life insurance was created to address many of the problems associated with whole-life insurance. One problem with whole-life insurance is its lack of flexibility. A second problem with whole life is that it is much like a black box. The owner cannot see exactly how it works. Universal life provides solutions to these problems. To fully understand universal life, refer to "Life Insurance: Whole-Life Insurance", Virginia Cooperative Extension publication 354-145, for some backgroun...

  18. Deposit Insurance: A Strategy for Reform. (United States)


    issues related to the financial services industry is included at the end of this report. (See Related GAO Products.) In conducting this study we...hearings relating to deposit insur- ance programs and the financial services industry ; professional litera- ture concerned with deposit insurance, bank and...The topic of whether such a board might appropriately be given much broader powers to regulate the financial services industry was outside the scope of

  19. Malpractice liability for informal consultations. (United States)

    Olick, Robert S; Bergus, George R


    Informal ("curbside") consults are widely used by primary care physicians. These interactions occur in person, by telephone, or even by e-mail. Exposure to malpractice liability is a frequent concern of subspecialty physicians and influences their willingness to engage in this activity. To assess this risk, we reviewed reported judicial opinions involving informal consultation by physicians. A search of the existing medical literature, and of the Westlaw national database was undertaken to identify reported judicial opinions involving informal physician consults that address whether informal consultations create a legal relationship between consulting specialist physicians and patients that gives rise to a legal duty of care owed by the consulting specialist to the patient. Courts have consistently ruled that no physician-patient relationship exists between a consultant and the patient who is the focus of the informal consultation. In the absence of such a relationship, the courts have found no grounds for a claim of malpractice. Malpractice risks associated with informal consultation appear to be minimal, regardless of the method of communication. While "informal consultation" is not a term used by the courts, the courts have applied a consistent set of criteria that help define the legal parameters of this activity.

  20. Mobile health applications: the patchwork of legal and liability issues suggests strategies to improve oversight. (United States)

    Yang, Y Tony; Silverman, Ross D


    Mobile health (mHealth) technology has facilitated the transition of care beyond the traditional hospital setting to the homes of patients. Yet few studies have evaluated the legal implications of the expansion of mHealth applications, or "apps." Such apps are affected by a patchwork of policies related to medical licensure, privacy and security protection, and malpractice liability. For example, the privacy protections of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 may apply to only some uses of the apps. Similarly, it is not clear what a doctor's malpractice liability would be if he or she injured a patient as the result of inaccurate information supplied by the patient's self-monitoring health app. This article examines the legal issues related to the oversight of health apps, discusses current federal regulations, and suggests strategies to improve the oversight of these apps.

  1. Women's Health Insurance Coverage (United States)

    ... Women's Health Policy Women’s Health Insurance Coverage Women’s Health Insurance Coverage Published: Oct 31, 2017 Facebook Twitter LinkedIn ... that many women continue to face. Sources of Health Insurance Coverage Employer-Sponsored Insurance: Approximately 57.9 million ...

  2. Alternative health insurance schemes

    DEFF Research Database (Denmark)

    Keiding, Hans; Hansen, Bodil O.


    In this paper, we present a simple model of health insurance with asymmetric information, where we compare two alternative ways of organizing the insurance market. Either as a competitive insurance market, where some risks remain uninsured, or as a compulsory scheme, where however, the level...... competitive insurance; this situation turns out to be at least as good as either of the alternatives...

  3. Economic analysis of the principles of liability in tort in the backdrop of liability for compensation for damage occurring as a result of the activities of one entity to the goods of another entity

    Directory of Open Access Journals (Sweden)

    Joanna Kuźmicka-Sulikowska


    Full Text Available The article addresses basic issues associated with the economic analysis of liability in tort principles. The deliberations focus on an attempt to define the economic and social consequences of introducing various combinations of principles of tortious liability for damage suffered as a result of the activities of one entity borne in the goods of another. Lack of liability situations are treated in some detail as well as liability based on the principle of risk and the principle of fault. The analyses were conducted based on unilateral and bilateral models. Factors coming into play in determining the economically effective level of carefulness in actions are discussed. A series of other factors of significant relevance for the choice of an optimal principle of liability from the economic point of view are also highlighted. In this context the role of the level of activity of entities, availability of insurance policies and costs associated with pursuing compensation claims are discussed. The deliberations are concluded with a summary, which also entails a critical look at the method of economic analysis of law.

  4. Common Purpose Liability versus Joint Enterprise: A Practical View on the ICC's Hierarchy of Liability Theories

    NARCIS (Netherlands)

    Cupido, M.


    On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory

  5. Directors’ Liability under thr Doctrine of Piercing the Corporate Veil : The Directors' Liability for Corporate Debt

    Directory of Open Access Journals (Sweden)

    Laya Joneydi


    Full Text Available The doctrine of piercing the corporate veil fascilitated holding directors liable for corporate debt. Nevertheless, the doctrine is not a seperate cause of action. Directors are bound by fiduciary duty, duty of loyalty and duty of care and skill to the corporation and its shareholders. However, there is not such a contractual relationship between directors and creditors. Thus, requiring directors to compensate creditors should be justified on tort law. In the Iranian, French and American legal systems, fault-based liability is the cause of action for directors' liability. The author found that in piercing cases, directors' liability follows the traditional rules of fault-based liability unless specified otherwise by statute as strict liability.

  6. Asset and Liability Management: Analysis on the Dependence of Assets and Liabilities in Turkish Banking Sector

    Directory of Open Access Journals (Sweden)



    Full Text Available Asset liability management (ALM is the traditional risk management practice in banking. ALM is the coordinated and integrated management of assets and liabilities. Some studies argue that ALM lost importance due to the use of new risk mitigation tools by banks. This study aims to identify the role of ALM in the risk management of banks in Turkey. For this purpose, it analyzes the relationship between assets and liabilities of the banks by using canonical correlation for the period of 2002-2012. High canonical correlation indicates that dependency of assets and liabilities has been high for banks operating in Turkey. Canonical loadings also provide evidence for the coordinated asset and liability management. Thus, ALM is still very common in Turkish banking sector. Further analysis on liquidity of banks reveal that profitability, equity capital, illiquid assets and credit risk influence the liquidity. Besides, liquidity of public banks is higher than that of other banks.

  7. The impact of professional status on the effects of and adherence to the outpatient followed by home-based telemonitored cardiac rehabilitation in patients referred by a social insurance institution

    Directory of Open Access Journals (Sweden)

    Dominika Szalewska


    Full Text Available Objectives: Legislators and policymakers have expressed strong interest in intervention programs to reduce dependence on social disability benefits. Hybrid: ambulatory followed by home-based cardiac telerehabilitation – hybrid cardiac rehabilitation (HCR seems to be a novel alternative for standard cardiac rehabilitation for patients with cardiovascular diseases (CVD as a form of pension prevention paid by the Social Insurance Institution (SII. The kind of professional status may bias the motivation to return to work after HCR. The aim of our study was to evaluate whether the professional status can affect the effects of HCR. Material and Methods: One hundred fifty-two patients with CVD referred by the SII for a 5-week HCR were qualified for the study. Patients (87.7% males, aged 57.31±5.61 years, were divided into 2 subgroups: W white-collar employees (N = 22 and B blue-collar employees (N = 130. To evaluate functional capacity, an exercise test on a treadmill was used. Results: The number of days of absence in the cardiac rehabilitation program did not differ between the groups (mean ± standard deviation – B: 1.09±3.10 days, W: 1.95±3.64 days. There were significant improvements (p < 0.05 in measured variables after HCR in both (W and B groups (max workload: 8.21±2.88 METs (measured in metabolic equivalents vs. 9.6±2.49 METs, 7.76±2.51 METs vs. 8.73±2.7 METs, resting heart rate (RHR: 77±16.22 bpm vs. 69.94±12.93 bpm, 79.59±14 bpm vs. 75.24±11.87 bpm; double product, i.e., product of heart rate and systolic BP (DP rest 10 815.22±2968.24 vs. 9242.94±1923.08, 10 927.62±2508.47 vs. 9929.7±2304.94. In group B, a decrease in systolic blood pressure (BP syst. – 137.03±17.14 mm Hg vs. 131.82±21.13 mm Hg, heart rate recovery in the 1st minute after the end of peak exercise (HRR1 (99.38±19.25 vs. 93.9±19.48 and New York Heart Association (NYHA class (1.22±0.53 vs. 1.11±0.36 was observed. In group W, a decrease in diastolic

  8. Nuclear Insurance Subsidies Cost from Post-Fukushima Accounting Based on Media Sources

    Directory of Open Access Journals (Sweden)

    John J. Laureto


    Full Text Available Quantification of nuclear liability insurance is difficult without arbitrary liability caps; however, post-mortem calculations can be used to calculate insurance costs. This study analyzes the Fukushima (Daiichi nuclear power plant disaster to quantify the cost per unit electricity ($/kWh of nuclear energy from the lifetime of the plant after accounting for the true cost of the liability needed to cover the damages from the nuclear disaster determined from news reports. These costs are then compared to the cost of electricity currently paid by Japanese consumers, and then are aggregated to determine the indirect subsidy for nuclear power providers in both Japan and the USA. The results show that the reported costs of the Fukushima nuclear disaster are $20–525 billion, which results in a real insurance cost from the lifetime of electricity produced at the plants between $0.22–5.78/kWh. These values are far higher than the current insurance costs by Japanese law of $0.01/kWh and even the total costs consumers pay for electricity. Although the spread in the input costs is large and the reported metrics are incomplete, the nuclear insurance subsidy is clearly substantial in Japan and in the USA. Ideally, energy sources should be economically sustainable without the need for a government insurance subsidy. For the electricity market to function effectively and efficiently in all other countries using nuclear power, the insurance costs should be reported accurately and included in nuclear electricity costs without arbitrary government liability caps.

  9. Liability for damage caused by shortage and failure to use necessary medical devices

    Directory of Open Access Journals (Sweden)

    Cvetković Mihajlo


    Full Text Available In order to provide for successful, safe and high quality medical services, health care institutions need to be equipped with adequate medical devices. For this reason, every medical institution is legally obliged to have relevant medical devices. In case a patient has been deprived of some medical service for the lack of necessary medical devices (which the institution has been obliged to provide, the medical institution is responsible for the damage and harm sustained by the patient. The responsibility implies non-contractual liability (in tort law or pre-contractual liability (in contract law. In both cases, the liability is based on the presumed culpability. In order to be excluded from liability, the medical institution has to prove that the patient has been deprived of medical service (or that the institution has refused to enter into a medical service provider agreement on justifiable grounds, i.e. due to the lack of necessary medical devices. On the other hand, in case the medial institutions fail to provide needed care or violate their obligation to use medical devices when necessary, it is regarded as medical negligence (professional error. In most cases, it implies the liability of medical institutions for damage, injury or harm caused to the patient by medical services provided without applying a relevant medical device, whose use has been medically indicated. The liability is even more substantial in cases where the medical device has been available but the medical institutions has not applied it in medial treatment (even though its use has been medically indicated; such conduct is qualified as gross negligence.

  10. 26 CFR 1.461-2 - Contested liabilities. (United States)


    ... bill received for services may represent asserted liabilities. (2) Definition of the term “contest... liability— (A) Purchasing a bond to guarantee payment of the asserted liability; (B) An entry on the...

  11. 26 CFR 1.172-13 - Product liability losses. (United States)


    ... liabilities arising under warranty theories relating to repair or replacement of the property that are... payment is not made on account of product liability. Example 4. R, a retailer of communications equipment...

  12. Global Cities and Liability of Foreignness

    DEFF Research Database (Denmark)

    Wernicke, Georg; Mehlsen, Kristian


    In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability...... indicate that MNEs have a stronger propensity to locate in global cities than in metropolitan or peripheral areas, and that these locational choices are affected by institutional distance and industrial characteristics. The results provide empirical support for our argument that locating in a global city...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation....

  13. Understanding health insurance plans (United States)

    ... page: // Understanding health insurance plans To use the sharing features on this ... plan for you and your family. Types of Health Insurance Plans Depending on how you get your health ...

  14. 16 CFR 240.13 - Customer's and third party liability. (United States)


    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Customer's and third party liability. 240.13... ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.13 Customer's and third party liability. (a) Customer's liability: Sections 2 (d) and (e) apply to sellers and not to customers. However...

  15. 26 CFR 50.5 - Liability for the tax. (United States)


    ... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

  16. 12 CFR 1805.811 - Limitation on liability. (United States)


    ... Limitation on liability. The liability of the Fund and the United States Government arising out of any... CDFI. The Fund shall be exempt from any assessments and other liabilities that may be imposed on... shall affect the application of any Federal tax law. ...

  17. 14 CFR 1260.61 - Allocation of risk/liability. (United States)


    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Allocation of risk/liability. 1260.61... AGREEMENTS General Special Conditions § 1260.61 Allocation of risk/liability. Allocation of Risk/Liability... make any claim against NASA or the U.S. Government with respect to the injury or death of its employees...

  18. Liability of physicans and dentists – key issues

    National Research Council Canada - National Science Library

    Michał Zalewski; Kamila Fux-Zalewska


    ... (contractual liability) or unlawful and culpable conduct in the exercise of medical action taken toward the patient who is not bound to the doctor by a legal relationship (tort liability). When a physician or a dentist is assigned a liability, he/she is obliged to redress the pecuniary damage and compensate for the non-pecuniary injury (wrong) suffered by the injured party.

  19. Managing Contingent Liabilities in Public-Private Partnerships


    Irwin, Timothy; Mokdad, Tanya


    Contingent liabilities create management problems for governments. They have a cost, but judging what the cost is and whether it is worth incurring is difficult. Except in the case of contingent liabilities created by simple guarantees of debt, governments usually can incur contingent liabilities without budgetary approval or recognition in the governments accounts. So governments may pref...

  20. 12 CFR 704.8 - Asset and liability management. (United States)


    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Asset and liability management. 704.8 Section... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must operate according to a written asset and liability management policy which addresses, at a minimum: (1...

  1. 24 CFR 266.602 - Mortgage insurance premium: Insured advances. (United States)


    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Mortgage insurance premium: Insured... HOUSING AND URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER... Contract Rights and Obligations Mortgage Insurance Premiums § 266.602 Mortgage insurance premium: Insured...

  2. The role of environmental insurance in maintaining environmental safety of the region

    Directory of Open Access Journals (Sweden)

    Svetlana Yevgenyevna Shipitsyna


    Full Text Available In the article, the development problems of environmental insurance as a risk management method for maintaining environmental safety in the region are considered. The detailed analysis of the laws of the Russian Federation in conservation activity is presented; contradictions and shortcomings arerevealed. Ways of overcoming of theexisting formalcharacter of maintaining environmental safety in the Russian regions are offered. In particular, extension of insurance covering in the current law «On compulsory insurance of the civil liability of an owner of dangerous installation on the infliction of harm as a result of accident on dangerous installation» at the expense of inclusion in number of insurance risks of risk of environmental harm. The special attention in the article is paid to insurance of public liability of owners of chemical objects as the most dangerous to the environment. The methodology of actuarial expectation is added with a risk assessment of expert services with the use of a scoring method allowing evaluating real danger to the population and the environment by the chemicals, which are especially acting in small doses. Furthermore, the added calculation methodology of insurance tariffs allows using preventive function of insurance, not so popular in Russian practices. That gives a new source of financing of nature-conservative measures in the region

  3. Sexual Harassment at Camp: Reducing Liability. (United States)

    Oakleaf, Linda; Grube, Angela Johnson


    Employers are responsible for sexual harassment perpetrated by a supervisor. Camps may be responsible for sexual harassment between campers. Steps to reduce liability include providing multiple channels for reporting sexual harassment; having written policies prohibiting sexual harassment and procedures for reporting it; posting these policies and…

  4. Liability of Foreignness in Historical Context

    DEFF Research Database (Denmark)

    Lubinski, Christina


    Much of international business literature has dealt with the costs of engaging in business abroad. Recently, several authors have called into question the basic assumptions of the “liability of foreignness” argument. They plead for a more nuanced look at nationality beyond the dichotomy of foreign...

  5. 7 CFR 1219.74 - Personal liability. (United States)


    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Personal liability. 1219.74 Section 1219.74 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE HASS AVOCADO PROMOTION, RESEARCH...

  6. 31 CFR 210.11 - Limited liability. (United States)


    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Limited liability. 210.11 Section 210.11 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  7. 31 CFR 210.10 - RDFI liability. (United States)


    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false RDFI liability. 210.10 Section 210.10 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  8. Environmental liability in Germany: a comparative study with Brazilian Law

    Directory of Open Access Journals (Sweden)

    Daniela Oliveira Gonçalves


    Full Text Available Seek compare the environmental liability institutes from Germany with those of Brazil, this study intends to conduct an analysis of civil liability for environmental damage in Germany. The concepts of liability and its species, subjective and objective initially are analyzed. Then the concept of civil liability for environmental damage under Brazilian law is analyzed, also discussing the concept of environmental damage. Finally it is carried out the assessment of some of the German Civil Code provisions as well as the Environmental Liability Act of Germany.

  9. Genetic liability to disability pension in women and men: a prospective population-based twin study.

    Directory of Open Access Journals (Sweden)

    Jurgita Narusyte

    Full Text Available BACKGROUND: Previous studies of risk factors for disability pension (DP have mainly focused on psychosocial, or environmental, factors, while the relative importance of genetic effects has been less studied. Sex differences in biological mechanisms have not been investigated at all. METHODS: The study sample included 46,454 Swedish twins, consisting of 23,227 complete twin pairs, born 1928-1958, who were followed during 1993-2008. Data on DP, including diagnoses, were obtained from the National Social Insurance Agency. Within-pair similarity in liability to DP was assessed by calculating intraclass correlations. Genetic and environmental influences on liability to DP were estimated by applying discrete-time frailty modeling. RESULTS: During follow-up, 7,669 individuals were granted DP (18.8% women and 14.1% men. Intraclass correlations were generally higher in MZ pairs than DZ pairs, while DZ same-sexed pairs were more similar than opposite-sexed pairs. The best-fitting model indicated that genetic factors contributed 49% (95% CI: 39-59 to the variance in DP due to mental diagnoses, 35% (95% CI: 29-41 due to musculoskeletal diagnoses, and 27% (95% CI: 20-33 due to all other diagnoses. In both sexes, genetic effects common to all ages explained one-third, whereas age-specific factors almost two-thirds, of the total variance in liability to DP irrespective of diagnosis. Sex differences in liability to DP were indicated, in that partly different sets of genes were found to operate in women and men, even though the magnitude of genetic variance explained was equal for both sexes. CONCLUSIONS: The findings of the study suggest that genetic effects are important for liability to DP due to different diagnoses. Moreover, genetic contributions to liability to DP tend to differ between women and men, even though the overall relative contribution of genetic influences does not differ by sex. Hence, the pathways leading to DP might differ between women and

  10. Estimation and Calculation Procedures of the Technical Provisions for Outstanding Insurance Claims

    Directory of Open Access Journals (Sweden)

    Matvejevs Aleksandrs


    Full Text Available The paper presents algorithms for insurance technical provisions taking into account losses, which are incurred but not reported. Evaluation of insurance technical provisions for the kinds of insurance, such as Motor Third Party Liability (MTPL Insurance, Property Insurance and some others, have difficulties in assessing the impact of the losses from insurance claims incurred requiring a longer time for the settlement of insurance claims. These insurance requirements are mainly associated with health insurance in the MTPL Insurance, losses related to compensation for moral injuries, as well as on life care and life-long pension. To run these payments, you need to know the financial indicators for the period of settlement of loss (such as the effective interest rate, investment income, etc. In the article the procedures for the most accurate forecast possible losses for the expected excess of loss amount for a treaty year are provided, using the loss experience of the previous years of the occurrence with their development. However, certain adjustments should be made to take account of the impact of losses from previous years for the current period. This article describes how outstanding losses have to be projected on a year of reporting, so that they are correspond to the current values



    Gherasim Solovestru Domide; Alexandru Domide


    The paper presents the evolution of risk underwriting for the general insurance and motor insurance by the insurance companies with insurance activity in Romania during 2007 until 2012. In the analyzed period we have noted an increase and then a decrease in the risk underwriting value for all the classes of general insurance. During this period, within the classes of general insurance, the car insurance are holding values above 50% of total subscriptions. This fact has a negative impact over ...

  12. [Legal aspects of medical expert testimony and non-economic damage in civil liability of physician]. (United States)

    Pauković, Hrvoje


    In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.

  13. Planning outstanding reserves in general insurance (United States)

    Raeva, E.; Pavlov, V.


    Each insurance company have to ensure its solvency through presentation of accounts for its own reserves in the start of the year. Usually the task of the actuary is to estimate the state of the company on an annual basis and the expectation of the status of the company for a future period. One of the major problem when calculating the liabilities of the incurred claims, is related to the delay of payments. Object of consideration in the present note are the outstanding claim reserves, which are set aside to cover claims, occurred before the date of the annual account, but still not paid, and related with them expenses. There may be different reasons for the delay of claims settlement. For example, continuation the process of the liquidation of the damage waiting for necessary documents or the presence of controversial cases whose permission takes time, etc. Thus the claims, which determine the outstanding reserves could be divided in the following types: claims, which are reported, but not settled (RBNS); claims, which are incurred but not reported (IBNR); claims, whose case is finished, but it is possible to be reopened. When calculating the reserves for IBNR claims, most widely used is the Chain-ladder method and its modification presented by the Bornhuetter - Ferguson method. For modeling the outstanding claims, the available data should be presented in so called run-off triangle, which underlies in the basis of such methods. The present work provides a review of the algorithm for calculating insurance outstanding claim reserves according to the Chain-ladder method. Using available data for claims related to liability of drivers, registered in Bulgaria an example is constructed to illustrate the methodology of the Chain-Ladder method. Back-testing approach is used for validating the results.



    Jelena Bozovic, Andriana Milosevic


    Starting from 90s of the last century there are changes in the insurance industry. The manner of delivery of insurance products is changed by the development of technology and in accordance with clients' needs and wishes, which means sales of insurance with complete financial service. Insured, i.e. contractor of insurance services must be in the center of all activities of insurer. Fast and fair discharge claim or amount insured is the main factor which creates trust, certainty and satisfacti...

  15. Do you understand your risk? Liability and third-party evaluations in civil litigation. (United States)

    Gold, Liza H; Davidson, John E


    Many psychiatrists believe that there is little or no liability associated with conducting examinations at the request of a third party or with providing testimony in civil litigation. Case law has demonstrated otherwise. Psychiatrists conducting independent medical examinations (IMEs) may be vulnerable to tort lawsuits by either the evaluee or the third party who commissions the IME. In addition, breaches of legal or ethical conduct can lead to disciplinary action by state medical boards and professional organizations. Although immunity for certain types of forensic activities is available, such immunity is qualified and may not be applicable to evaluations and related testimony conducted for third parties. Understanding the liability associated with third-party evaluations will assist psychiatrists in minimizing their exposure.

  16. Public Insurance and Equality

    DEFF Research Database (Denmark)

    Landes, Xavier; Néron, Pierre-Yves


    health and unemployment insurance and pensions) is explained and justified by the greater efficiency of the state, in comparison with markets, in addressing market failures such as moral hazard or adverse selection. Our argument is that while insurance, intrinsically and idealistically, may diverge from......Public insurance is commonly assimilated with redistributive tools mobilized by the welfare state in the pursuit of an egalitarian ideal. This view contains some truth, since the result of insurance, at a given moment, is the redistribution of resources from the lucky to unlucky. However, Joseph...... Heath (among other political theorists) considers that the principle of efficiency provides a better normative explanation and justification of public insurance than the egalitarian account. According to this view, the fact that the state is involved in the provision of specific insurance (primarily...

  17. Relative value health insurance. (United States)

    Korobkin, Russell


    Increases in health costs continue to outpace general inflation, and implementation of the Patient Protection and Affordable Care Act will exacerbate the problem by adding more Americans to the ranks of the insured. The most commonly proposed solutions--bureaucratic controls, greater patient cost sharing, and changes to physician incentives--all have substantial weaknesses. This article proposes a new paradigm for rationalizing health care expenditures called "relative value health insurance," a product that would enable consumers to purchase health insurance that covers cost-effective treatments but excludes cost-ineffective treatments. A combination of legal and informational impediments prevents private insurers from marketing this type of product today, but creative use of comparative effectiveness research, funded as a part of health care reform, could make relative value health insurance possible. Data deficits, adverse selection risks, and heterogeneous values among consumers create obstacles to shifting the health insurance system to this paradigm, but they could be overcome.

  18. Office gossip: a surprising source of liability. (United States)

    Gregg, Robert E


    Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.

  19. Judicial considerations with regard to civil liability. (United States)

    Pittelli, S D; Muñoz, D R


    This paper addresses the relationship between the doctrinaire position of a judge in terms of the civil liability objective and subjective theories and the results of their decisions in terms of "acquittal/against judgments". A system of classification of matter of fact results is proposed and the influence on the result of the decision of each category is also tested. The material consists of 71 records of judicial procedures from São Paulo State Court of Justice.

  20. Contractual medical liability in Portugal and Macao

    Directory of Open Access Journals (Sweden)

    Rui Miguel Prista Patrício Cascão


    Full Text Available Liability of healthcare providers can be framed under the theory of contract in the law of Portugal and Macao, to obtain compensation for injury suffered by aggrieved patients, as a result of medical adverse events. However, shortcomings in the law, court practice and literature lead to some uncertainty in adjudication. This article aims at reducing said uncertainty, setting forward a clear-cut adjudication paradigm, while recommending legal reform.

  1. Micro Insurance Academy


    Ertekin, Ergun; Navarrete Moreno, Cristina


    In India, healthcare financing largely relies on direct out-of-pocket spending, which causes immense health-related financial burdens for the poor. Despite recent efforts by the government and the private sector, only 15 percent of the population in India is covered by health insurance. The Micro Insurance Academy (MIA) extends health insurance at the last mile through a bottom-up approach...

  2. Nonlife Insurance Pricing: (United States)

    Darooneh, Amir H.

    We consider the insurance company as a physical system which is immersed in its environment (the financial market). The insurer company interacts with the market by exchanging the money through the payments for loss claims and receiving the premium. Here, in the equilibrium state, we obtain the premium by using the canonical ensemble theory, and compare it with the Esscher principle, the well-known formula in actuary for premium calculation. We simulate the case of car insurance for quantitative comparison.


    Directory of Open Access Journals (Sweden)



    Full Text Available The purpose of the present study is to establish a relationship between the unpredictability theory and the contractual liability, from both theoretical and practical point of view. Usually, the unpredictability is invoked by way of defense by the debtor, refusing to perform the excessively onerous obligation. However the unpredictability theory shall apply also to the hypothesis of a performed obligation, by way of main action, depending on more factors: the nature of the agreement, investigating the attitude of the party affected by the unpredictability. Observing the conditions and the effects of these two ways of invoking the unpredictability will form the objectives of the present study.The debtor of the excessively onerous, in order to avoid the contractual liability, shall nevertheless perform such obligation, by carrying along some additional costs. If subsequently, the creditor shall refuse to revise the agreement and implicitly, to reimburse the exorbitant costs, the debtor will have to raise the unpredictability by way of action, in order to recover the exorbitant costs in performing the obligation. In such case, the unpredictability is accompanied by another legal issue: the contractual liability of the co-contractor of the party affected by unpredictability.

  4. Restoring medical professionalism. (United States)

    Bernat, James L


    The essence of medical professionalism is placing dedication to the welfare of patients above physicians' personal or proprietary interests. Medicine has become deprofessionalized as a consequence of socioeconomic factors leading to increasing commercialization and perverse financial incentives converting it into a business, the presence of unmanaged conflicts of interest, challenges to medical authority by insurance companies and the consumerism movement, and by gradual changes in the attitudes of physicians. Organized medicine has responded by making explicit its standards of professionalism and its dedication to preserving them. Medical educators have studied the means to develop professional attitudes and behaviors among medical students and residents. Modeling the characteristics of professional behavior by virtuous physicians remains the most effective method to instill professional behaviors in trainees. Restoring professionalism may be abetted by changes in physicians' financial incentives through innovative models of health care delivery, by physicians reducing their conflicts of interest, and by medical societies rejecting a guild identity.

  5. Prescriptions and Insurance Plans (United States)

    ... contributed by: editorial staff Categories: Healthcare Management, Insurance & Bills, Your Health ResourcesTags: brand name, co-pay, drug, formulary, generic, isurance, medicine, ...

  6. Organization A Comprehensive System Of Insurance Coverage In The Potential Chemical And Biological Contamination Zone In Regions

    Directory of Open Access Journals (Sweden)

    Nina Vladimirovna Zaytseva


    Full Text Available The article provides a scientific rationale for an integrated approach to the provision of insurance coverage in the potential chemical and biological contamination zone. The following modern forms of chemical safety in the Russian Federation were considered: state reserve’s system, target program financing, state social insurance. The separate issue tackles the obligatory civil liability insurance for owners of dangerous objects. For improvement of the existing insurance protection system against emergency situations, risks were analyzed (shared on exogenous and endogenous. Among the exogenous risks including natural and climatic conditions of a region, its geographical arrangement, economic specialization, the seismic and terrorist risks were chosen and approaches to its solution were suggested. In endogenous risks’ group, the special focus is on wear and tear and obsolescence of hazardous chemical and biological object’s fixed assets. In case of high risk of an incident, it is suggested to increase in extent of insurance protection through self-insurance, a mutual insurance in the form of the organization of societies of a mutual insurance or the self-regulating organizations, and also development of voluntary insurance of a civil liability, both the owner of hazardous object, and regions of the Russian Federation and municipalities. The model of insurance coverage in the potential chemical and biological contamination zone is based on a differentiated approach to the danger level of the area. A matrix of adequate forms and types of insurance (required for insurance coverage of the population in the potential chemical and biological contamination zone was constructed. Proposed health risk management toolkit in the potential chemical and biological contamination zone will allow to use financial resources for chemical and biological safety in the regions more efficiently.

  7. Life Insurance Contribution, Insurance Development and Economic Growth in China

    National Research Council Canada - National Science Library

    Wang Ying, Yin Linsen, Pan Wenjie


    ... (including life insurance and non-life insurance) and economic growth, reveals the contribution law of the insurance development in economic growth in the short and long term from both economic scale and quality respectively...

  8. Utilization review and managed health care liability. (United States)

    Spector, Richard A


    This article explores the development of jurisprudence interpreting application of the Employee Retirement Income Security Act of 1974 to patient care denials by managed care. It identifies quality-of-care protections for patient care under present federal law. If an insurance company utilization review denies care based on patient-specific reasoning, then the patient may have recourse against the utilization review on the basis of a state law claim of malpractice grounded in medical decision-making by the insurance company.

  9. Satisfaction of staff of Swiss insurance companies with medical appraisals: a cross sectional study. (United States)

    Eichler, Klaus; Imhof, Daniel; Bollag, Yvonne; Stöhr, Susanna; Gyr, Niklaus; Auerbach, Holger


    A high quality of timely delivered medical appraisals is crucial for social and other insurances to judge possible occupational reintegration measures for patients with medical conditions who are in danger to lose their job. However, little is known about the satisfaction of staff of insurance companies with medical appraisals that they have commissioned.Our questionnaire survey prospectively included all medical appraisals arriving at Swiss insurances from FEB to APR 2008. We assessed the satisfaction of the commissioner with medical appraisals performed by medical assessors. In addition, we evaluated the contribution of several factors to overall satisfaction. The unit of sample was the medical appraisal. We analysed 3165 medical appraisals, 2444 (77%) of them from the public disability insurance, 678 (22%) from private accident, liability and loss of income insurances and 43 (1%) from other insurances. Overall satisfaction of staff of insurance companies in Switzerland was high, but satisfaction of the disability insurance with appraisals was generally lower compared to satisfaction of private insurances. The staff of the disability insurance judged time for preparation as too long in 30%. For staff of private insurance companies 20% of appraisals were not "worth its price". Well-grounded and comprehensible conclusions were the single most important factor for high overall satisfaction (OR 10.1; 95%-CI: 1.1-89.3). From the viewpoint of staff of insurance companies, a relevant part of medical appraisals arrives too late. Medical assessors have to take the specific needs of insurances into account, to perform more appraisals with sound conclusions in due time.

  10. Marketing in life insurance

    Directory of Open Access Journals (Sweden)

    Njegomir Vladimir


    Full Text Available Insurance industry has traditionally been oriented on sale of its products i.e. at the stage which from the aspect of marketing theory can be characterized as sales phase, phase which proceeds the marketing orientation. However, faced with numerous challenges of modern business environment such as globalization, deregulation and sophisticated information technology insurance companies must change their way of doing business. Competition is becoming fierce as insurance companies are faced with competition not only from insurance industry but also from other competitors, such as banks, that are in position to offer product substitutes for life insurance products. In this new environment information about customers and their education are becoming critical factors. Insurance companies must know their customers what influences their demand for life insurance, what is the amount of their income, what is inflation rate, their expenditures on other goods i.e. opportunity costs, etc. Those are factors that force insurance companies to concentrate more on present and potential buyers and their needs and force them to give their best to satisfy those needs in a way that will produce delighted customers.

  11. Insurance Discounts: Traffic Safety Tips (United States)


    This fact sheet, NHTSA Facts: Summer 1996, discusses automobile insurance discounts. It relates how to obtain a discount, and details what factors can influence insurance premiums. It notes that discounts for safety features vary from insurance compa...

  12. Unemployment Insurance and Inequality

    DEFF Research Database (Denmark)

    Larsen, Birthe; Waisman, Gisela

    This paper examines the impact of higher unemployment insurance on the fraction of the work force paying into an unemployment insurance fond, wage differences and therefore inquality and education letting worker initial wealth being important for the decisions and implied values. As usually higher...... educated workers receive a lower fraction of their wages as unemployment insurance, we consider how the impact on labour market performance and wage differences and thereby inequality differ dependent on whether educated or uneducated workers receive higher benefits. The model can help shed light...... on the the puzzle why only some workers, for given educational level, pay into an unemployment insurance fond, the lower wealth mobility than income mobility as well as the relative compressed wage structure in countries with generous social assistance as well as unemployment insurance for low income workers...

  13. Health insurance for "frontaliers"

    CERN Document Server


    The French government has decided that, with effect from 1 June 2014, persons resident in France but working in Switzerland (hereinafter referred to as “frontaliers”) will no longer be entitled to opt for private French health insurance provision as their sole and principal health insurance.   The right of choice, which was granted by the Bilateral Agreement on the Free Movement of Persons between Switzerland and the European Union and which came into force on 1 June 2002, exempts “frontaliers” from the obligation to become a member of Switzerland’s compulsory health insurance scheme (LAMal) if they can prove that they have equivalent coverage in France, provided by either the French social security system (CMU) or a private French insurance provider. As the latter option of private health insurance as an alternative to membership of LAMal will be revoked under the new French legislation that will come into force on 1 June 2014, current “...

  14. Risk Management in Insurance Companies


    Yang, Xufeng


    Insurance is the uncertain business in uncertain society. Today, insures face more complex and difficult risks. Efficient risk management mechanisms are essential for the insurers. The paper is set out initially to explore UK insurance companies risk management and risk disclosure by examining companies annual report after all the listed insurance companies are required to disclose risk information in their annual report, which seeks to reflect the recent development in UK insurance companies...

  15. Risk Regulation through Liability Allocation: Transnational Product Liability and the Role of Certification

    NARCIS (Netherlands)

    Schebesta, H.


    This article studies the recent European developments concerning product liability in the aviation domain. Particularly the landmark judgment in Überlingen Manufacturers provided new insights on the definition of product defects (manufacturing, design and warning defects) and the availability of

  16. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA


    Full Text Available The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  17. Global Environmental Liability: Multinational Corporations under Scrutiny

    Directory of Open Access Journals (Sweden)

    Vidyaranya Chakravarthy Namballa


    Full Text Available The purpose of this article is to analyse the extent of international rules that apply to multinational corporations (MNCs regarding their environmentally degrading activities and quality control qua environmental impact. The first part of the article describes the ambiguous legal status of MNCs and examines the rules that international instruments and host state agreements impose on the activities of MNCs. The second part focuses on jurisdiction and choice of law issues of cross-border litigation and brings out its major shortcoming. Finally, the conclusion comments on the efficiency of international law in imposing environmental liability on MNCs.

  18. Liability of mental health services for injuries incurred during community treatment. (United States)

    Scott, Russ


    The aim of this paper is to examine the recent decision of the NSW Supreme Court, which considered a personal injuries action brought by a patient treated in the community following a 6 day voluntary hospital admission. The judicial reasoning in Walker v Sydney West Area Health Service provides some comfort to mental health professionals practising in other jurisdictions whose legislative provisions are similar to those contained in the Civil Liability Act (NSW). In applying the Bolam principle, rather than the higher common law standard previously imposed by the High Court in Rogers v Whitaker, the decision is encouraging for mental health professionals whose management accords with accepted current good practice. The infrequent scrutiny by courts and coroners of management practice and systems in mental health is a further incentive to maintain continuous improvement of quality of care (by clinical audits, active risk management, professional development and supervision, and patient/family participation) consistent with the principles of clinical governance.

  19. Health insurance basic actuarial models

    CERN Document Server

    Pitacco, Ermanno


    Health Insurance aims at filling a gap in actuarial literature, attempting to solve the frequent misunderstanding in regards to both the purpose and the contents of health insurance products (and ‘protection products’, more generally) on the one hand, and the relevant actuarial structures on the other. In order to cover the basic principles regarding health insurance techniques, the first few chapters in this book are mainly devoted to the need for health insurance and a description of insurance products in this area (sickness insurance, accident insurance, critical illness covers, income protection, long-term care insurance, health-related benefits as riders to life insurance policies). An introduction to general actuarial and risk-management issues follows. Basic actuarial models are presented for sickness insurance and income protection (i.e. disability annuities). Several numerical examples help the reader understand the main features of pricing and reserving in the health insurance area. A short int...

  20. Individual insurance: health insurers try to tap potential market growth. (United States)

    November, Elizabeth A; Cohen, Genna R; Ginsburg, Paul B; Quinn, Brian C


    Individual insurance is the only source of health coverage for people without access to employer-sponsored insurance or public insurance. Individual insurance traditionally has been sought by older, sicker individuals who perceive the need for insurance more than younger, healthier people. The attraction of a sicker population to the individual market creates adverse selection, leading insurers to employ medical underwriting--which most states allow--to either avoid those with the greatest health needs or set premiums more reflective of their expected medical use. Recently, however, several factors have prompted insurers to recognize the growth potential of the individual market: a declining proportion of people with employer-sponsored insurance, a sizeable population of younger, healthier people forgoing insurance, and the likelihood that many people receiving subsidies to buy insurance under proposed health insurance reforms would buy individual coverage. Insurers are pursuing several strategies to expand their presence in the individual insurance market, including entering less-regulated markets, developing lower-cost, less-comprehensive products targeting younger, healthy consumers, and attracting consumers through the Internet and other new distribution channels, according to a new study by the Center for Studying Health System Change (HSC). Insurers' strategies in the individual insurance market are unlikely to meet the needs of less-than-healthy people seeking affordable, comprehensive coverage. Congressional health reform proposals, which envision a larger role for the individual market under a sharply different regulatory framework, would likely supersede insurers' current individual market strategies.

  1. 47 CFR 3.76 - Licensee's liability for payment. (United States)


    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Licensee's liability for payment. 3.76 Section... ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Enforcement § 3.76 Licensee's liability for payment. The U.S. ship station licensee bears ultimate responsibility for final payment of its...

  2. Torts Liability for Strike Action and Third Party Rights. (United States)

    Raday, Frances


    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  3. Civil Liability of Schools, Teachers and Pupils for Careless Behaviour. (United States)

    Wenham, David


    Identifies elements that (British) courts consider in school or teacher negligence cases. Reviews significant case law establishing liability of schools and teachers for harm sustained by pupils and children's personal liability for careless acts leading to personal harm. Discusses implications of a recent child negligence case. (Contains 14…

  4. Corrective justice as a principle of civil liability


    Ampovska, Marija


    This paper is focused on the principle of corrective justice as one of the basic principles of civil liability in the context of the modern living and increasing risks. The question that is raised with this paper is the influence the modern living and increasing risks have on the established bases of civil liability and tort law in general.

  5. "Contributory intent" as a defence limiting delictual liability | Ahmed ...

    African Journals Online (AJOL)

    In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may apply as a defence limiting delictual liability within the ambit of the Apportionment of Damages Act 34 of 1956 ...

  6. 45 CFR 30.24 - Joint and several liability. (United States)


    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Joint and several liability. 30.24 Section 30.24 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION Debt Compromise § 30.24 Joint and several liability. (a) When two or more debtors are jointly and severally liable...

  7. Optimal Joint Liability Lending and with Costly Peer Monitoring

    NARCIS (Netherlands)

    Carli, Francesco; Uras, R.B.


    This paper characterizes an optimal group loan contract with costly peer monitoring. Using a fairly standard moral hazard framework, we show that the optimal group lending contract could exhibit a joint-liability scheme. However, optimality of joint-liability requires the involvement of a group

  8. 33 CFR 153.405 - Liability to the pollution fund. (United States)


    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

  9. 31 CFR 315.56 - General instructions and liability. (United States)


    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability. The...

  10. 7 CFR 917.68 - Liability of committee members. (United States)


    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Liability of committee members. 917.68 Section 917.68... CALIFORNIA Order Regulating Handling Miscellaneous Provisions § 917.68 Liability of committee members. No members of the Control Committee, any commodity committee, or other committee, or any subcommittee, or any...

  11. Assessing liability with argumentation maps : an application in aviation law

    NARCIS (Netherlands)

    Contissa, Giuseppe; Laukyte, Migle; Sartor, Giovanni; Schebesta, H.


    In this paper we present an application of argument maps for assessing liability in the field of Air Traffic Management (ATM), developed within the ALIAS (Addressing the Liability Impact of Automated Systems) project. Such maps are used for presenting legal concepts and norms to lawyers and non

  12. 31 CFR 223.9 - Valuation of assets and liabilities. (United States)


    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued..., the Secretary of the Treasury may value the assets and liabilities of such companies in his discretion...

  13. The assessment of solvency and determination of limits for risk acceptance in insurance companies

    Directory of Open Access Journals (Sweden)

    Drljača Dejan


    Full Text Available The subject of this paper is the presentation of key requirements for Solvency II project, the methodology for testing of capital adequacy and methods for identification, definition and establishment of risk limits, as a limit for acceptance, bearing and control of exposure to certain risks in insurance companies. The aim of the paper is to show that the capital adequacy is the key factor for insurers' safety, i.e. guarantee of capability of an insurer to settle any future liabilities and leverage for strengthening of insurer's market position. Business operations of insurance companies are exposed to a significant number of risks that differ by their nature, character and influence, due to which adequacy of calculated technical reserves does not provide a satisfactory level of safety in case of more significant impairments of assets and funds of insurers, as well as in case of significant deviations between amounts of settled claims and actuarially expected amounts of liabilities based on claims. Stress testing of capital adequacy will show that losses due to impairment of risky securities, difficult collection of low liquid, i.e. securities that are difficult to market, inability to collect receivables from reinsurers, as well as losses due to inadequately calculated reserved claims, must be covered by a solvent capital. The paper is structured so as to provide a review of rules, elements and principles that are the foundation of solvency requirements in insurance companies, methodologies of calculation of guarantee reserve, technical basis for stress testing which assesses capital adequacy of insurers, as well as methods for establishment of limits of exposure to certain risks.


    Directory of Open Access Journals (Sweden)

    R. Holly


    Full Text Available This article introduces subject of an insurance captive entity, with focus on how it could be used as insurance formula for risk management. Captive might be the most appropriate insurance formula for risk management. However, the level of achieved success depends on many factors.Insurance captivesare understood as entities which are formed and owned by companies mostly for the purpose of insuring own risks (pure captive or single parent captive. More and more often captives are also formed by a group of companies (group captives to insure their properties and liabilities towards 3rd parties. Captives are widely used by many companies nowadays. However, many of them,are used solely for a purpose of a risk cession and premium transfer, with an intention to use captivesmore as a profit center in a low taxation country rather than for the purpose of risk management (i.e. a more appropriate role for captive would be to support their owners in enterprise risk management - ERM. This article touches on why captives are not used to their full potential. It may be toochallenging for many decision makers to embrace on captives as risk management formula and extend captives' roles to utilize all possible advantages resulting from owning a captive. Captive can deliver risk management in a more comprehensive way than most commercial insurers on the market. The article also presents advantages and disadvantages of owning an insurance captive.

  15. Association of Liability Concerns with Decisions to Order Echocardiography and Cardiac Stress Tests with Imaging. (United States)

    Kini, Vinay; Weiner, Rory B; McCarthy, Fenton H; Wiegers, Susan E; Kirkpatrick, James N


    Professional societies have made efforts to curb overuse of cardiac imaging and decrease practice variation by publishing appropriate use criteria. However, little is known about the impact of physician-level determinants such as liability concerns and risk aversion on decisions to order testing. A web-based survey was administered to cardiologists and general practice physicians affiliated with two academic institutions. The survey consisted of four clinical scenarios in which appropriate use criteria rated echocardiography or stress testing as "may be appropriate." Respondents' degree of liability concerns and risk aversion were measured using validated tools. The primary outcome variable was tendency to order imaging, calculated as the average likelihood to order an imaging test across the clinical scenarios (1 = very unlikely, 6 = very likely). Linear regression models were used to evaluate the association between tendency to order imaging and physician characteristics. From 420 physicians invited to participate, 108 complete responses were obtained (26% response rate, 54% cardiologists). There was no difference in tendency to order imaging between cardiologists and general practice physicians (3.46 [95% CI, 3.12-3.81] vs 3.15 [95% CI, 2.79-3.51], P = .22). On multivariate analysis, a higher degree of liability concerns was the only significant predictor of decisions to order imaging (mean difference in tendency to order imaging, 0.36; 95% CI, 0.09-0.62; P = .01). In clinical situations in which performance of cardiac imaging is rated as "may be appropriate" by appropriate use criteria, physicians with higher liability concerns ordered significantly more testing than physicians with lower concerns. Copyright © 2016 American Society of Echocardiography. Published by Elsevier Inc. All rights reserved.

  16. Optimum amount of an insurance sum in life insurance

    Directory of Open Access Journals (Sweden)

    Janez Balkovec


    Full Text Available Personal insurance represents one of the sources of personal social security as a category of personal property. How to get a proper life insurance is a frequently asked question. When insuring material objects (car, house..., the problem is usually not in the amount of the taken insurance. With life insurance (abstract goods, problems as such occur. In this paper, we wish to present a model that, according to the financial situation and the anticipated future, makes it possible to calculate the optimum insurance sum in life insurance.


    Directory of Open Access Journals (Sweden)

    Siniša Ostojić


    Full Text Available The primary purpose of ensuring in sport is to provide financial protection to policyholder individuals (athletes, coaches, referees and legal entities (sports organizations, federations, clubs of the negative result of sports injuries and loss of income that athletes or their clubs realize when it comes to clubs’ competition, which occur when the risk is realized or the insured event occurs. Injuries are common in sports, we could feel free to call it an integral part of doing a sports activity. Loss of earnings due to sports injuries is extremely high for any professional athlete. In order to be able to return to sports as soon as possible, athletes are forced to set aside large sums of money for rehabilitation, orthopedic supplies and equipment.

  18. Captive insurance companies. (United States)

    Strauss, Peter


    The landscape of the business world is changing; and now, more than ever, business owners are recognizing that life is filled with risks: known risk, calculated risk, and unexpected risk. Every day, businesses thrive or fail based on understanding the risk of owning and operating their business, and business owners are recognizing that there are alternative risk financing mechanisms other than simply taking out a basket of standard coverage as recommended by your friendly neighborhood agent. A captive insurance company is an insurance company established to provide a broad range of risk management capabilities to affiliated companies. The captive is owned by the business owner and can provide insurance to the business for potential future losses, whether or not the losses are already covered by a commercial carrier or are "self-insured." The premiums paid by your business are tax deductible. Meanwhile, the premiums that your captive collects are tax-free up to $1.2 million annually.

  19. Uninsured vs. insured population

    DEFF Research Database (Denmark)

    Andersen, Z. J.; Lin, Chyongchiou J; Chang, Chung-Chou H


    analyzed. Approximately 74 percent of uninsured Americans are nonelderly Americans. Among the nonelderly Americans, about 17 percent are uninsured. Our findings show that insurance status varies significantly by region, age, race, gender, marital status, income, education, employment status, and health...


    National Research Council Canada - National Science Library

    Zeljko Sain; Jasmina Selimovic


    ... of sub-models of the most popular form of life insurance in the world. The paper applies the scientific methodology of the deductive character based on scientific, theoretical knowledge and practical realities...

  1. Deductibles in health insurance (United States)

    Dimitriyadis, I.; Öney, Ü. N.


    This study is an extension to a simulation study that has been developed to determine ruin probabilities in health insurance. The study concentrates on inpatient and outpatient benefits for customers of varying age bands. Loss distributions are modelled through the Allianz tool pack for different classes of insureds. Premiums at different levels of deductibles are derived in the simulation and ruin probabilities are computed assuming a linear loading on the premium. The increase in the probability of ruin at high levels of the deductible clearly shows the insufficiency of proportional loading in deductible premiums. The PH-transform pricing rule developed by Wang is analyzed as an alternative pricing rule. A simple case, where an insured is assumed to be an exponential utility decision maker while the insurer's pricing rule is a PH-transform is also treated.

  2. Consumers’ Collision Insurance Decisions

    DEFF Research Database (Denmark)

    Austin, Laurel; Fischhoff, Baruch

    Using interviews with 74 drivers, we elicit and analyse how people think about collision coverage and, more generally, about insurance decisions. We compare the judgments and behaviours of these decision makers to the predictions of a range of theoretical models: (a) A model developed by Lee (2007......), which refines EU theory to incorporate income and predicts that property insurance is a normal good; (b) a mental accounting model based on the idea that consumers budget their income across consumption categories (Thaler, 1985); and (c) the baseline, classic EU theory, which predicts that insurance...... is an inferior good (Mossin, 1968). The behaviour reported by subjects in our study suggests that insurance is a normal good, while their verbal reports reveal desires to balance two conflicting goals in deductible decisions, keeping premiums “affordable” and keeping deductibles “affordable,” which suggests...

  3. HUD Insured Hospitals (United States)

    Department of Housing and Urban Development — The Office of Healthcare Programs (OHP), previously known as the Office of Insured Health Care Facilities, is located within the Office of Housing and administers...

  4. Vaccines as Epidemic Insurance

    Directory of Open Access Journals (Sweden)

    Mark V. Pauly


    Full Text Available This paper explores the relationship between the research for and development of vaccines against global pandemics and insurance. It shows that development in advance of pandemics of a portfolio of effective and government-approved vaccines does have some insurance properties: it requires incurring costs that are certain (the costs of discovering, developing, and testing vaccines in return for protection against large losses (if a pandemic treatable with one of the vaccines occurs but also with the possibility of no benefit (from a vaccine against a disease that never reaches the pandemic stage. It then argues that insurance against the latter event might usefully be offered to organizations developing vaccines, and explores the benefits of insurance payments to or on behalf of countries who suffer from unpredictable pandemics. These ideas are then related to recent government, industry, and philanthropic efforts to develop better policies to make vaccines against pandemics available on a timely basis.

  5. Group life insurance

    CERN Multimedia


    The CERN Administration wishes to inform staff members and fellows having taken out optional life insurance under the group contract signed by CERN that the following changes to the rules and regulations entered into force on 1 January 2013:   The maximum age for an active member has been extended from 65 to 67 years. The beneficiary clause now allows insured persons to designate one or more persons of their choice to be their beneficiary(-ies), either at the time of taking out the insurance or at a later date, in which case the membership/modification form must be updated accordingly. Beneficiaries must be clearly identified (name, first name, date of birth, address).   The membership/modification form is available on the FP website: For further information, please contact: Valentina Clavel (Tel. 73904) Peggy Pithioud (Tel. 72736)

  6. Divergent and Convergent Populations Perception on the Romanian Insurance Market

    Directory of Open Access Journals (Sweden)



    Full Text Available This paper aims to analyse the perception of the Ro manian population on the insurance market , by emphasizing the role of insurances in the socia l context and, in the same time, the importance of understanding its structural elements and the degree in which the Romanian population has been able to assimilate this system. The study relies on statistical sources made available by the Media Xprimm – the most important press group in the insurance market, the Annual Report of the Insurance Supervisory Commissi on (2009 and quantitatives and qualitatives surveys carried out in September 2009 in Bucharest and some large cities. The author paid special attention to the way in which the insurance market i s perceived by various socio-professionals categories such as employees, employers, free lance rs and unemployed correlated them with the degree of knowledge each of these social categories has about the types of insurance on offer by the companies. The analysis points out the existenc e of an increasing insurance market, appreciated to be positive and favourable by the respondents in Bucharest and nationwide; however, the research also showed a moderate level of awareness o n specific types of available insurances

  7. Insuring Solar Photovoltaics: Challenges and Possible Solutions; (Revised)

    Energy Technology Data Exchange (ETDEWEB)

    Speer, B.; Mendelsohn, M.; Cory, K.


    Insuring solar photovoltaic (PV) systems poses certain challenges. Insurance premiums, which can represent a significant part of overall costs for PV developers, can affect market competition. The market for certain types of insurance products is limited. Historical loss data is lacking, and test data for the long-term viability of PV products under real-life conditions is limited. Insurers' knowledge about PV systems and the PV industry is uneven even as the industry introduces innovative contractual structures and business models. Interviews conducted for this report with PV project developers, insurance brokers, and underwriters suggest government actions aimed at better testing, data collection, and communication could facilitate the development of a market for PV insurance products. This report identifies actions by governments, national laboratories, and other stakeholders that could accelerate the development of insurance products in support PV systems. Such actions include: increasing understanding of the solar PV industry among insurance professionals; expanding the availability of PV historical loss data; evaluating the expansion of renewable energy business classification; developing module and component testing capabilities and services offered by federal labs; and, advancing industry standards for PV system installers.

  8. Solvency Regulation in the Property-Liability Insurance Industry: Empirical Evidence


    Patricia Munch; Dennis E. Smallwood


    This article reports empirical evidence concerning the effects of solvency regulation on the number of companies and frequency of insolvencies. Minimum capital requirements appear to reduce insolvencies by reducing the number of small, domestic firms. This supports the view of capital requirements as a differentially higher tax on small, new firms. Other forms of regulation have ambiguous effects or none. A comparison of the characteristics of insolvent and solvent firms supports the model of...

  9. Legal liability in iatrogenic orbital injury. (United States)

    Svider, Peter F; Kovalerchik, Olga; Mauro, Andrew C; Baredes, Soly; Eloy, Jean Anderson


    In this study, we detailed factors governing legal outcomes in iatrogenic orbital injury, with the purpose of discussing strategies to minimize liability and enhance patient safety. Retrospective analysis. Jury verdict and settlement reports were searched from publically available federal and state court records using the Westlaw database (Thomson Reuters, New York, NY). After exclusion of nonrelevant cases, 20 cases of iatrogenic orbital injuries were examined for factors such as legal outcome, damages awarded, defendant specialty, alleged causes of malpractice, and patient demographic information. The majority (60.0%) of cases were resolved in the defendant's favor. Payment was considerable for the cases decided in support of the plaintiff, averaging $1.13 million. Out-of-court settlements averaged $1.78 million (range, $487,500-$3.9 million), whereas jury-awarded damages averaged $472,661 (range, $75,000-$763,214). Complications stemming from endoscopic sinus surgery were most common (50.0%). Diplopia was the most common medical complaint (50.0%), whereas permanent deficits and having to undergo additional surgery were each present in 65.0% of cases. The potential for permanent sequelae of iatrogenic orbital injury makes this complication susceptible to malpractice litigation. Otolaryngologists were the most common defendants. Although cases were resolved in the defendant's favor 60% of the time, payments made were considerable, averaging $1.13 million. Steps to minimize liability and improve patient safety include an informed consent process explicitly listing risks, including diplopia and blindness, and obtaining timely ophthalmology consultation when a complication is recognized. Copyright © 2013 The American Laryngological, Rhinological and Otological Society, Inc.

  10. Divers Alert Network (United States)

    ... All rights reserved. Site Map Advertise Privacy Policy Social Media Policy Logo Policy Terms & Conditions Contact Us ... Dive Insurance Health & Diving Dive Business Directory Travel Insurance Liability Insurance For Professionals For ...


    Directory of Open Access Journals (Sweden)

    Zeljko Sain


    Full Text Available The aim of the paper that treats the actuarial model of insurance in case of survival or early death is to show the actuarial methods and methodology for creating a model and an appropriate number of sub-models of the most popular form of life insurance in the world. The paper applies the scientific methodology of the deductive character based on scientific, theoretical knowledge and practical realities. Following the basic theoretical model’s determinants, which are at the beginning of the paper, the basic difference between models further in this paper was carried out according to the character of the premium to be paid. Finally, the financial repercussions of some models are presented at examples in insurance companies. The result of this paper is to show the spectrum of possible forms of capital endowment insurance which can be, without major problems, depending on the financial policy of the company, applied in actual practice. The conclusion of this paper shows the theoretical and the practical reality of this model, life insurance, and its quantitative and qualitative guidelines.

  12. Group Life Insurance

    CERN Document Server


    The CERN Administration would like to remind you that staff members and fellows have the possibility to take out a life insurance contract on favourable terms through a Group Life Insurance.   This insurance is provided by the company Helvetia and is available to you on a voluntary basis. The premium, which varies depending on the age and gender of the person insured, is calculated on the basis of the amount of the death benefit chosen by the staff member/fellow and can be purchased in slices of 10,000 CHF.    The contract normally ends at the retirement age (65/67 years) or when the staff member/fellow leaves the Organization. The premium is deducted monthly from the payroll.   Upon retirement, the staff member can opt to maintain his membership under certain conditions.   More information about Group Life Insurance can be found at: Regulations (in French) Table of premiums The Pension Fund Benefit Service &...

  13. Statutory caps: an involuntary contribution to the medical malpractice insurance crisis or a reasonable mechanism for obtaining affordable health care? (United States)

    Chupkovich, P J


    A medical malpractice insurance crisis occurred in the mid-1970s and mid-1980s evidenced by escalating malpractice insurance rates and increasing numbers of malpractice claims. Insurance companies maintained that the increase in insurance rates was necessary because of the sharp rise in the number of malpractice lawsuits, astronomical damage awards, and ineffective mechanisms to prevent and to eliminate nonmeritorious claims. Physicians responded by forming their own insurance companies, cancelling high-risk procedures, and orchestrating intensive legislative lobbying for tort reform. Insurance companies, physicians, and the legislature collaborated efforts to resolve this medical malpractice crisis. A national debate erupted regarding the proper way to address the medical malpractice insurance crisis. Insurance companies and physicians pressured state legislatures to reform liability laws that, in their opinion, permitted recovery of excessive damage awards by plaintiffs. Consumer groups and lawyers suggested tighter regulation of the insurance industry. State legislatures, in an attempt to remedy the perception that injured plaintiffs were overcompensated for their injuries, enacted "tort reform legislation," which included statutory caps on damages recoverable in medical malpractice actions. As a result of the extensive lobbying effort by physicians and insurance companies, twenty-seven states enacted statutes limiting recovery of damages in medical malpractice lawsuits. Lawyers responded by challenging state malpractice legislation on constitutional grounds, alleging violations of federal and state equal protection and due process clauses and the Seventh Amendment right to a jury trial. Opponents of the cap also asserted violations of state constitution provisions such as the "open courts" provision or the "special legislation" clause. To date, the state courts have held that statutory caps are unconstitutional. Statutory caps and other tort reform measures are

  14. Serbian insurance market: Select issues

    Directory of Open Access Journals (Sweden)

    Obadović Mirjana M.


    Full Text Available Every day insurance companies face a number of risks arising from the insurance industry itself, as well as risks arising from insurance company operations. In this constant fight against risks insurance companies use different models and methods that help them better understand, have a more comprehensive view of, and develop greater tolerance towards risks, in order to reduce their exposure to these risks. The model presented in this paper has been developed for implementation in insurance risk management directly related to insurance company risk, i.e. it is a model that can reliably determine the manner and intensity with which deviations in the initial insurance risk assessment affect insurance company operations, in the form of changes in operational risks and consequently in insurance companies’ business strategies. Additionally we present the implementation of the model in the Serbian market for the period 2005-2010.

  15. Dental insurance! Are we ready?

    Directory of Open Access Journals (Sweden)

    Ravi SS Toor


    Full Text Available Dental insurance is insurance designed to pay the costs associated with dental care. The Foreign Direct Investment (FDI bill which was put forward in the winter session of the Lok Sabha (2008 focused on increasing the foreign investment share from the existing 26% to 49% in the insurance companies of India. This will allow the multibillion dollar international insurance companies to enter the Indian market and subsequently cover all aspects of insurance in India. Dental insurance will be an integral a part of this system. Dental insurance is a new concept in Southeast Asia as very few countries in Southeast Asia cover this aspect of insurance. It is important that the dentists in India should be acquainted with the different types of plans these companies are going to offer and about a new relationship which is going to emerge in the coming years between dentist, patient and the insurance company.

  16. Expanded managed care liability: what impact on employer coverage? (United States)

    Studdert, D M; Sage, W M; Gresenz, C R; Hensler, D R


    Policymakers are considering legislative changes that would increase managed care organizations' exposure to civil liability for withholding coverage or failing to deliver needed care. Using a combination of empirical information and theoretical analysis, we assess the likely responses of health plans and Employee Retirement Income Security Act (ERISA) plan sponsors to an expansion of liability, and we evaluate the policy impact of those moves. We conclude that the direct costs of liability are uncertain but that the prospect of litigation may have other important effects on coverage decision making, information exchange, risk contracting, and the extent of employers' involvement in health coverage.

  17. Liability aspects of home energy-rating systems

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.


    Liability aspects of home energy rating systems are discussed. An introduction to the rating system concept, including types of rating systems, implementation efforts to date, and possible groups to conduct ratings, is also included. The home energy rating system concept involves the periodic rating of the energy efficiency of residential buildings. The rating can provide a relative indication of a home's energy efficiency and also a quantitative estimate of consumption, fuel cost, or both. Primary attention is given to liability issues associated with developing and performing ratings. Secondary attention is given to possible liability associated with misuse of a rating once it has been performed.

  18. Liability of the European Union for acts of its Institutions


    Mihaescu, Bucura Catalina


    The following article will assess the real extent of the potential liability of the European Union. It will fi rstly focus on the recognition and the development by the EU Courts of the conditions which must be fulfi lled in order for the EU to incur liability for the acts of its institutions. It will be emphasised in this regard that, as the EU Courts’ case-law currently stand, the criteria for Union liability can differ, depending on a number of variables including whether the c...

  19. Establishment of limited liability company by individual entrepreneur


    Pavlasová, Veronika


    My Master's Thesis is focused mainly on entrepreneur who decides to change the legal form of businness and to establish a limited liability company. For this reason I started with the characteristics of both legal forms of business firstly and then I stated all possible ways to establish limited liability company concernig legal, accounting and fiscal point of view. At the same time I was aiming to point out pros and cons of setting up a limited liability company which may affect the future p...

  20. International pact limits airline's liability for needle injury. (United States)


    [Name removed] sued Mexicana de Aviacion S.A. de C.V. for liability after he was pricked in the leg by a hypodermic needle that was found in the plane's seat cushion. A Federal judge ruled that since liability claims resulting from injuries on international flights are covered by the Warsaw Convention, [name removed] could not recover more than $75,000 for his fear-of-AIDS liability lawsuit. The judge also stated that the Signature Support Corporation, a second defendant named in the case because they are subcontracted to clean Mexicana's planes, may also be covered by the Warsaw Convention.

  1. Derivation of a framework for annual financial statements of a property-casualty insurance firm: From Adam Smith to the modern insurance firm

    Directory of Open Access Journals (Sweden)

    Robert Vivian


    Full Text Available This article derives a framework for annual financial statements of a property-casualty insurer from first principles using Adam Smith’s statement of the operation of an insurer as the point of departure.  The derivation incorporates’ current standard accounting principles and regulatory requirements.  In the end it will be seen that a substantial correlation exists between the final derived framework and current published statements of a modern property-casualty insurer.  It remains to be seen if a similar correlation will continue to exist once the long awaited international accounting standard for insurers is finalised. The article accordingly demonstrates that Adam Smith’s statement can be used to derive a workable framework for the accounting and hence management of modern property-casualty insurers.  A number of important conclusions flow from the article.  Firstly the distinction between provisions and reserves must be understood and maintained failing which solvent insurers may be portrayed as being insolvent, second a new provision should be raised, a Year to Close Provision where it is unclear that existing provisions adequately cover outstanding liabilities and third the IBNR provision should be restricted to claims in the pipeline for the year under consideration.

  2. Lectures on insurance models

    CERN Document Server

    Ramasubramanian, S


    Insurance has become a necessary aspect of modern society. The mathematical basis of insurance modeling is best expressed in terms of continuous time stochastic processes. This introductory text on actuarial risk theory deals with the Cramer-Lundberg model and the renewal risk model. Their basic structure and properties, including the renewal theorems as well as the corresponding ruin problems, are studied. There is a detailed discussion of heavy tailed distributions, which have become increasingly relevant. The Lundberg risk process with investment in risky asset is also considered. This book will be useful to practitioners in the field and to graduate students interested in this important branch of applied probability.

  3. Comparative Study of Determining of the Responsible Person and the Basis of Compensation in Civil Liability Results from Events Related to Nuclear Facilities

    Directory of Open Access Journals (Sweden)

    Sayyed Mohammad Mahdi Qabuli Dorafshan


    Full Text Available Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss, Tasbib (causation, Taqsir (fault and La-zarar (no damage in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy

  4. [Criminal liability in case of medical acts considered to be incompetent: article 6 of the new Italian Law 8 March 2017, n.24]. (United States)

    Renzulli, Lorenzo


    In Italy, Law n. 24 of 8 March 2017, Article 6, introduces in the current criminal code, Article 590 sexies entitled "Medical liability in case of death and personal lesions", which follows article 590 quinquies. The new article states that a healthcare professional who has acted in accordance with guidelines approved by the National Health Institute or, if no such guidelines exist, in accordance with good clinical practices, is not criminally liable in case of death or personal lesions due to actions that could be considered to be incompetent. We discuss criminal liability of health professionals in Italy in light of this new law, and decriminalization in case of adverse event due to incompetence, also in the context of medical care provided by different health professionals.

  5. Stopping and Questioning Suspected Shoplifters Without Creating Civil Liability (United States)

    Reed, Jack R., Jr.


    Legal problems concerned with shoplifting suspects are addressed, including common law, criminal penalties, and the merchant's liability. Tangential questions and answers are presented along with discussion of pertinent court cases. (LBH)

  6. 48 CFR 1327.201 - Patent and copyright infringement liability. (United States)


    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and copyright infringement liability. ...

  7. 48 CFR 1427.201 - Patent and copyright infringement liability. (United States)


    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

  8. 48 CFR 27.201 - Patent and copyright infringement liability. (United States)


    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

  9. Exchange Rate Policy and Liability Dollarization; An Empirical Study


    Pelin Berkmen; Cavallo, Eduardo A.


    The paper identifies the contemporaneous relationship between exchange rate policy and liability dollarization using three different definitions of dollarization. The presence of endogeneity makes the empirical identification elusive. We use identification through heteroskedasticity to solve the endogeneity problem in the present context (Rigobon, 2003). While we find that countries with high liability dollarization (external, public, or financial) tend to be more actively involved in exchang...

  10. Nuclear liability coverage developments in the United States of America

    Energy Technology Data Exchange (ETDEWEB)

    Brown II, Omer F.


    The availability of such nuclear liability coverage has been a concern of nuclear power plant vendors, suppliers and operators, and public officials in the United States or many years. This paper addresses implications of the Federal Price-Anderson Act (42 U.S.C. 2014, 2020; Sections 11 and 170 of the Atomic Energy Act of 1954, as amended); on the financial liability of persons accountable for an accident in the United States. (author).

  11. Reinforcer Pathology: The Behavioral Economics of Abuse Liability Testing. (United States)

    Bickel, W K; Snider, S E; Quisenberry, A J; Stein, J S


    Understanding the abuse liability of novel drugs is critical to understanding the risk these new compounds pose to society. Behavioral economics, the integration of psychology and economics, can be used to predict abuse liability of novel substances. Here, we describe the behavioral economic concept of reinforcer pathology and how it may predict the use of novel drugs in existing drug-users and initiation of use in the drug-naive. © 2016 American Society for Clinical Pharmacology and Therapeutics.

  12. Germany – Liability of members of German Vorstand (executive board)


    Wooldridge, Frank


    Article by Dr Frank Wooldridge (University of Notre Dame, London) examining the German law pertaining to Executive Board or Director’s liabilities including joint liability, actions against directors and compromise of claim. Published in the Letter from … section of Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, Universit...

  13. Player violence or violent players? Vicarious liability for sports participants


    James, Mark; McArdle, David


    This article analyses two recent English cases concerning the law on vicarious liability for acts of violence and considers their significance in respect of on-field acts of violence in contact sports. It provides an overview of how the law of negligence has developed in the specific context of sports injuries (including the application of the defence of volenti) and critiques the application of vicarious liability to sports cases. This is followed by a consideration of the wider law on vicar...

  14. Insurance, risk, and magical thinking. (United States)

    Tykocinski, Orit E


    The possession of an insurance policy may not only affect the severity of a potential loss but also its perceived probability. Intuitively, people may feel that if they are insured nothing bad is likely to happen, but if they do not have insurance they are at greater peril. In Experiment 1, respondents who were reminded of their medical insurance felt they were less likely to suffer health problems in the future compared to people who were not reminded of their medical insurance. In Experiment 2a, participants who were unable to purchase travel insurance judged the probability of travel-related calamities higher compared to those who were insured. These results were replicated in Experiment 3a in a simulation of car accident insurance. The findings are explained in terms of intuitive magical thinking, specifically, the negative affective consequences of "tempting fate" and the sense of safety afforded by the notion of "being covered."


    African Journals Online (AJOL)

    as a social device providing financial compensation for the effects of ... personal injuries and property darn!lge in the world ... business witlloct suficient cover of insurance. The aim of this ... The development of insurance has also its own part.

  16. Managing Actuaries\\' Professional Risk | Lowther | South African ...

    African Journals Online (AJOL)

    This paper describes a new concept, of vital importance to actuaries, which the authors have named \\'managing actuaries\\' professional risk\\'. Much has been written on the constituent elements of legal causation, risk management, indemnity insurance and professional conduct standards. This paper envisages an ...


    Directory of Open Access Journals (Sweden)



    Full Text Available Last few years have shown that Romania is not protected from the consequences of climate change. It is clear that type flood events may cause social problems and losses is difficult financing from public resources, especially in the context of the existence of budget constraints. The only viable system to cope with such disasters is insurance system that has the ability to spread risks by reinsurance Natural disasters - earthquakes, floods, landslides - are just some of the risks that may threaten your home. And if natural disasters can seem distant danger, think as fires, floods caused by broken pipes or theft of household goods are trouble can happen anytime to anyone. To protect yourself in such unpleasant situations, whose frequency is unfortunately on the rise, it is necessary to be assured. Thus, you will be able to recover losses in the event that they occur. The house is undoubtedly one of the most important assets we own. Therefore, the Romans began to pay increasingly more attention to domestic insurance products. Since 2011, voluntary home insurance, life insurance with, were the most dynamic segments of the market.

  18. Unemployment Insurance and Inequality

    DEFF Research Database (Denmark)

    Larsen, Birthe; Waisman, Gisela

    educated workers receive a lower fraction of their wages as unemployment insurance, we consider how the impact on labour market performance and wage differences and thereby inequality differ dependent on whether educated or uneducated workers receive higher benefits. The model can help shed light...

  19. Some Problems of Jurisprudence Concerning the Difference between Delictual Liability and Contractual Liability


    Botina Madalina; Pangrate Alina Georgiana


    In the sphere of civil law, more specifically, in the matter of civil obligations, the notion of risk is involved for involvement in crimes or for non-contractual obligations arising out of the legal relations. Each of these types of risk are generated by nature and source of the obligation. I chose to discuss the contents of this article some problems encountered in Roman jurisprudence in relation to the type of civil liability. Of these issues we are going to analyze the difference between ...


    African Journals Online (AJOL)

    The principles of insurance and types of insurance policies in construCtion industry in general is discussed. The status of consultants and contractors in Ethiopian construction sector is briefly reviewed. Questionnaires were designed to preliminary assess whether relevant insurance policies are bought by contracting and ...

  1. 46 CFR Sec. 13 - Insurance. (United States)


    ... 46 Shipping 8 2010-10-01 2010-10-01 false Insurance. Sec. 13 Section 13 Shipping MARITIME... REPAIRS UNDER NATIONAL SHIPPING AUTHORITY MASTER LUMP SUM REPAIR CONTRACT-NSA-LUMPSUMREP Sec. 13 Insurance... respect to awarded work. Said Article 9 requires that the Contractor shall maintain insurance to cover...

  2. Insurance for Your EDP Operation (United States)

    Zaiden, Dennis J.


    Describes EDP (electronic data processing) insurance, which provides coverage for such things as the loss of computer programs and accumulated transaction data, and the consequences of an interruption in processing. Discusses what is and is not covered by EDP insurance, how to plan for EDP insurance, the amount of coverage to get, and how to avoid…

  3. Premium Forecasting of an Insurance Company: Automobile Insurance


    Fouladvand, M. Ebrahim; Darooneh, Amir H.


    We present an analytical study of an insurance company. We model the company's performance on a statistical basis and evaluate the predicted annual income of the company in terms of insurance parameters namely the premium, total number of the insured, average loss claims etc. We restrict ourselves to a single insurance class the so-called automobile insurance. We show the existence a crossover premium p_c below which the company is loss-making. Above p_c, we also give detailed statistical ana...

  4. Choice Between Microfinance System Operating on the Basis of Individual Liability Loan Contract or Through Joint Liability Loan Contract


    Kundu, Amit


    In this paper we consider that a representative of a not so affluent rural household has three options. He (she) may join in a microfinance system operating on the basis of individual liability credit contract, or on the basis of joint liability loan contract through forming self-help group or may not participate in any type of microfinance system. This paper establishes that wealthier among the not so affluent rural household prefers to join microfinance system operating on the basis of indi...

  5. Abuse liability of the dietary supplement dimethylamylamine. (United States)

    Dolan, Sean B; Gatch, Michael B


    Dimethylamylamine (DMAA) is a component of many dietary supplements and has recently been associated with numerous adverse effects, prompting the US military and World Anti-Doping Agency to ban its use as a supplement. The current study aimed to elucidate the abuse liability profile of DMAA. Dose-response studies of DMAA were performed with Swiss-Webster mice in locomotor and conditioned place-preference assays. The discriminative stimulus effects of DMAA were investigated in Sprague-Dawley rats trained to discriminate either cocaine or methamphetamine from saline. DMAA produced dose-dependent locomotor depression and fully substituted for cocaine and partially substituted for methamphetamine. In the conditioned place-preference assay, DMAA produced an inverted-U-shaped dose-response curve, with intermediate doses producing significant place preference. The cocaine- and methamphetamine-like discriminative stimulus effects and the conditioned place preference produced by DMAA suggest that is has potential for abuse. These findings in combination with reports of substantial adverse effects of DMAA in humans suggest that control of DMAA may warrant further consideration. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

  6. Globalisation, economics and professionalism. (United States)

    Tan, Chay-Hoon; Macneill, Paul


    This paper presents an analysis of the effect of globalisation and attendant economic factors on the global practice of medicine, medical education, medical ethics and medical professionalism. The authors discuss the implications of these trends, citing case scenarios in the healthcare insurance, medical tourism, pharmaceutical industries, and the educational systems as well as in clinical practice, to illustrate the impact of globalisation and economics on professionalism. Globalisation, on the one hand, offers benefits for the global practice of medicine and for medical education. On the other, globalisation can have negative effects, particularly when the main driver is to maximise profitability across national boundaries rather than concern for human well-being. Appraising the effect of globalisation on professionalism involves assessing its effects at the intrapersonal, interpersonal, and institutional levels, and its effect on society at large.

  7. On the management of life insurance company risk by strategic choice of product mix, investment strategy and surplus appropriation schemes

    DEFF Research Database (Denmark)

    Bohnert, Alexander; Gatzert, Nadine; Jørgensen, Peter Løchte


    The aim of this paper is to analyze the impact of management’s strategic choice of asset and liability composition in life insurance on shortfall risk and the shareholders’ fair risk charge. In contrast to previous work, we focus on the effectiveness of management decisions regarding the product...... mix and the riskiness of the asset side under different surplus appropriation schemes. We propose a model setting that comprises temporary life annuities and endowment insurance contracts. Our numerical results show that the effectiveness of management decisions in regard to risk reduction strongly...

  8. Health Insurance without Single Crossing

    DEFF Research Database (Denmark)

    Boone, Jan; Schottmüller, Christoph


    Standard insurance models predict that people with high risks have high insurance coverage. It is empirically documented that people with high income have lower health risks and are better insured. We show that income differences between risk types lead to a violation of single crossing...... in an insurance model where people choose treatment intensity. We analyse different market structures and show the following: If insurers have market power, the violation of single crossing caused by income differences and endogenous treatment choice can explain the empirically observed outcome. Our results do...

  9. Insurance against climate change and flood risk: Insurability and decision processes of insurers (United States)

    Hung, Hung-Chih; Hung, Jia-Yi


    1. Background Major portions of the Asia-Pacific region is facing escalating exposure and vulnerability to climate change and flood-related extremes. This highlights an arduous challenge for public agencies to improve existing risk management strategies. Conventionally, governmental funding was majorly responsible and accountable for disaster loss compensation in the developing countries in Asia, such as Taiwan. This is often criticized as an ineffective and inefficient measure of dealing with flood risk. Flood insurance is one option within the toolkit of risk-sharing arrangement and adaptation strategy to flood risk. However, there are numerous potential barriers for insurance companies to cover flood damage, which would cause the flood risk is regarded as uninsurable. This study thus aims to examine attitudes within the insurers about the viability of flood insurance, the decision-making processes of pricing flood insurance and their determinants, as well as to examine potential solutions to encourage flood insurance. 2. Methods and data Using expected-utility theory, an insurance agent-based decision-making model was developed to examine the insurers' attitudes towards the insurability of flood risk, and to scrutinize the factors that influence their decisions on flood insurance premium-setting. This model particularly focuses on how insurers price insurance when they face either uncertainty or ambiguity about the probability and loss of a particular flood event occurring. This study considers the factors that are expected to affect insures' decisions on underwriting and pricing insurance are their risk perception, attitudes towards flood insurance, governmental measures (e.g., land-use planning, building codes, risk communication), expected probabilities and losses of devastating flooding events, as well as insurance companies' attributes. To elicit insurers' utilities about premium-setting for insurance coverage, the 'certainty equivalent,' 'probability

  10. Modern problems in insurance mathematics

    CERN Document Server

    Martin-Löf, Anders


    This book is a compilation of 21 papers presented at the International Cramér Symposium on Insurance Mathematics (ICSIM) held at Stockholm University in June, 2013. The book comprises selected contributions from several large research communities in modern insurance mathematics and its applications. The main topics represented in the book are modern risk theory and its applications, stochastic modelling of insurance business, new mathematical problems in life and non-life insurance, and related topics in applied and financial mathematics. The book is an original and useful source of inspiration and essential reference for a broad spectrum of theoretical and applied researchers, research students and experts from the insurance business. In this way, Modern Problems in Insurance Mathematics will contribute to the development of research and academy–industry co-operation in the area of insurance mathematics and its applications.

  11. Insuring wind energy production (United States)

    D'Amico, Guglielmo; Petroni, Filippo; Prattico, Flavio


    This paper presents an insurance contract that the supplier of wind energy may subscribe in order to immunize the production of electricity against the volatility of the wind speed process. The other party of the contract may be any dispatchable energy producer, like gas turbine or hydroelectric generator, which can supply the required energy in case of little or no wind. The adoption of a stochastic wind speed model allows the computation of the fair premium that the wind power supplier has to pay in order to hedge the risk of inadequate output of electricity at any time. Recursive type equations are obtained for the prospective mathematical reserves of the insurance contract and for their higher order moments. The model and the validity of the results are illustrated through a numerical example.

  12. Catastrophic risks and insurance

    Directory of Open Access Journals (Sweden)

    Kerkez Marija


    Full Text Available Catastrophic events do not know borders; they threat the local community, but also the whole continent. Catastrophic risk represents the individual risk which endangers a relatively large number of people or property, at the same time posing a threat to insurer's financial strength. One of the most serious problems of modern society is the lack of awareness of the presence of various dangers and possibilities of influencing them. Macro catastrophic event causes losses across several lines of insurance business or can cause loss in unexpected locations or across multiple geographical markets. Risk assessment requires a systematic approach to identifying and analyzing risks. Due to the complexity and unpredictability of natural and technological hazards, different approaches to risk assessment and evaluation systems are a growing challenge and a necessity in the sphere of management catastrophic risks.

  13. Life insurance mathematics

    CERN Document Server

    Gerber, Hans U


    This concise introduction to life contingencies, the theory behind the actuarial work around life insurance and pension funds, will appeal to the reader who likes applied mathematics. In addition to model of life contingencies, the theory of compound interest is explained and it is shown how mortality and other rates can be estimated from observations. The probabilistic model is used consistently throughout the book. Numerous exercises (with answers and solutions) have been added, and for this third edition several misprints have been corrected.

  14. Unemployment Insurance and Entrepreneurship


    Røed, Knut; Skogstrøm, Jens Fredrik


    Based on administrative registers from Norway, we examine how unemployment insurance (UI) and active labor market programs (ALMP) affect the transition rates from unemployment to regular employment and entrepreneurship. We find that the entrepreneurship hazard is highly responsive with respect to UI incentives, and that the probability of starting up a new business increases sharply around the time of UI exhaustion. We also find that while participation in ALMP has a positive impact on the em...

  15. Meningitis and legal liability: an otolaryngology perspective. (United States)

    Svider, Peter F; Blake, Danielle M; Sahni, Kiren P; Folbe, Adam J; Liu, James K; Baredes, Soly; Eloy, Jean Anderson


    Meningitis is a potential complication in otolaryngologic procedures and conditions. Severe sequelae make understanding factors involved in relevant malpractice litigation critical. We analyze pertinent litigation for awards, outcomes, patient demographic factors, and other alleged causes of malpractice. Pertinent jury verdict and settlement reports were examined using the Westlaw legal database (Thomson Reuters, New York, NY). Twenty-three cases (60.5%) involved non-iatrogenic injuries, including inadequate treatment or failure to diagnose sinusitis or otitis media, while 15 (39.5%) involved iatrogenic cases, mostly rhinologic procedures. 36.8% of cases were resolved for the defendant, 28.9% with juries awarding damages, and 34.2% with settlements. Although not statistically significant, mean damages awarded were higher than settlements ($2.1 vs. 1.5M, p=0.056), and cases involving pediatric patients were more likely to be resolved with payment than those with adult litigants (80.0% vs. 52.2%, p=0.08 respectively). Other frequent alleged factors included permanent deficits (63.2%), requiring additional surgery (41.1%), death (34.2%), cognitive deficits (21.2%), deafness (15.8%), and inadequate informed consent (33.0% of iatrogenic cases). Practitioners facing litigation related to meningitis may wish to consider these findings, notably for cases involving death or permanent functional deficits, as cases with out of court settlements tended to be resolved with lower payments. Cases involving misdiagnosis may be more likely to be resolved with payment compared with iatrogenic cases. By understanding the issues detailed in this analysis and including them in the informed consent process for patients undergoing rhinologic and otologic procedures, otolaryngologists may potentially improve patient safety and decrease liability. © 2014.


    Directory of Open Access Journals (Sweden)

    O. Hamankova


    Full Text Available The article describes the main trends of formation and development of insurance against accidents. Defined position of the social insurance against accidents and professional diseases in the social protection system in Ukraine. Investigated the essence and content of social insurance against accidents.

  17. Financing of Liabilities Beyond the Service Life of Nuclear Installations

    Directory of Open Access Journals (Sweden)

    L. Havlíček


    Full Text Available Operation of a nuclear installation is connected with the creation of long-term liabilities for spent fuel management and disposal, and also decommissioning of the installation (power plant, storages. This means that the operator will have to expend considerable amount of financial resources over a long period after the closure of installation. These financial resources will have to be created during operation of the installation. Related costs to be expended in future must be fully included in the price of electricity, in order to ensure fair competition among different operators. Financial resources for future coverage of liabilities must be continuously invested in order to compensate for inflation and to gain some real interest.Any failure by the operator to comply with its liabilities poses an economic and potentially an environmental hazard for operator’s country. Due attention must therefore be paid to assessing connected costs, defining liabilities and ensuring appropriate regulatory oversight. Appropriate measures must be well defined and firmly anchored in the legislation of countries operating nuclear installations. This paper reviews the basic principles that should ensure operator’s compliance their liabilities, and maps the current situation in the Czech Republic. 

  18. Life Insurance Contribution, Insurance Development and Economic Growth in China

    Directory of Open Access Journals (Sweden)

    Wang Ying


    Full Text Available Under L-type economy, remodelling the growth power in the medium and long term is essential. The insurance industry during the 13th Five-year Plan period has been given a heavy expectation on promoting economic quality and upgrading economic efficiency, so it will try to accelerate its innovation and development process which serves national needs, market demand and people's requirements. Referring to the previous researches of Solow and Zhang and measuring Capital Stock and Total Factor Productivity independently, the paper analyses the inherent correlation between insurance (including life insurance and non-life insurance and economic growth, reveals the contribution law of the insurance development in economic growth in the short and long term from both economic scale and quality respectively. It also shows enlightenments on policy decision for insurance industry, thus helps economic stability under the downturn periods.

  19. Limited Deposit Insurance Coverage and Bank Competition


    SHY, Oz; Stenbacka, Rune; Yankov, Vladimir


    Deposit insurance schemes in many countries place a limit on the coverage of deposits in each bank. However, no limits are placed on the number of accounts held with different banks. Therefore, under limited deposit insurance, some consumers open accounts with different banks to achieve higher or full deposit insurance coverage. We compare three regimes of deposit insurance: No deposit insurance, unlimited deposit insurance, and limited deposit insurance. We show that limited deposit insuranc...

  20. Optimal social insurance with linear income taxation

    DEFF Research Database (Denmark)

    Bovenberg, Lans; Sørensen, Peter Birch


    We study optimal social insurance aimed at insuring disability risk in the presence of linear income taxation. Optimal disability insurance benefits rise with previous earnings. Optimal insurance is incomplete even though disability risks are exogenous and verifiable so that moral hazard...... in disability insurance is absent. Imperfect insurance is optimal because it encourages workers to insure themselves against disability by working and saving more, thereby alleviating the distortionary impact of the redistributive income tax on labor supply and savings....

  1. Patient Safety Culture in Mutual Insurance Companies in Spain. (United States)

    Manzanera, Rafael; Mira, José Joaquín; Plana, Manel; Moya, Daniel; Guilabert, Mercedes; Ortner, Jordi


    The aim of the study was to assess the safety culture in a mutual insurance sector, searching for improvement opportunities. This sector offers health insurance for work-related injuries and occupational illnesses and represents an annual volume of patients corresponding to approximately 10% of the working population in Europe. A cross-sectional study was conducted to assess the safety culture in the mutual insurance sector in Spain. All physicians, nurses, and physiotherapists (N = 816) working in the organization in hospitals, outpatient clinics, and managerial settings were invited to reply to an online survey. A total of 499 professionals completed the questionnaire (response rate, 61%). Two dimensions were assessed: attitudinal (5 items) and instrumental (5 items). There were no differences between professional profiles or centers in the attitudinal (7.8; standard deviation, 1.3; 95% confidence interval, 7.6-7.9) or instrumental (8.5; standard deviation, 1.0; 95% confidence interval, 8.5-8.6) factors. The lowest level of implementation (event (73%), having a quality and safety plan (75%), prioritizing the improvement of patient care (75%), and involving patients when making decisions on potential treatments (63%). Managers showed lower scores than the rest of professionals' groups (P culture assessment in the mutual insurance companies. These results may encourage the implementation of quality and safety plans in this sector by paying more attention to attitudinal aspects.

  2. The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

    Directory of Open Access Journals (Sweden)

    Alexandru POPA


    Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

  3. Legal liability for failure to prevent pregnancy (wrongful pregnancy). (United States)

    Coetzee, Lodewicus Charl


    Can the conception of a child ever constitute damage recoverable in law? This article considers the liability of healthcare practitioners for failing to prevent a pregnancy. Developments leading to the recognition of wrongful pregnancy as a cause of (legal) action in South Africa (SA), are briefly outlined. The salient points of the relevant judgments by SA courts are set out to expose the rationale underlying the judgments and to highlight that recognition of liability for wrongful pregnancy resulted from an application of fair and equitable principles of general application. Conduct that could expose practitioners to liability is identified from reported cases and inferred from general principles laid down in case law.

  4. Asset Liability Management of Conventional and Islamic Banks in Malaysia

    Directory of Open Access Journals (Sweden)

    Yee Loon Mun


    Full Text Available The objective of the paper is to investigate the effect of asset liability management on the financial performance of 6 conventional and 6 Islamic banks in Malaysia during the period of 2010 to 2013. The variables used in the study are capital adequacy, asset quality, management efficiency, earnings quality, liquidity, size of bank and degree of risk aversion in relation to asset liability management to examine the return on equity (ROE, which is the measure of profitability of the banks. The quantitative analysis using correlation and regression analysis concluded that there is a positive relationship between asset liability management and the financial performance of the banks.DOI: 10.15408/aiq.v9i1.3334 

  5. Boards of Directors' and Management's Liability in Law in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik


    The article demonstrates that written standards for the basis of liability are playing an ever greater role relative to unwritten standards under tort law. It is noted that following the bank failures in the wake of the financial crisis in 2008, a significant number of cases are proceeding...... in Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act...... emphasizes in various places that this or that is "the responsibility of the board of directors or management", and by emphasizing such legally defined focal points, the companies act is thus nevertheless instrumental in clarifying - and in the longer term perhaps to some degree increasing the stringency...

  6. The Essential Types of Insurance for New Dentists. (United States)

    Tiedtke, Eric


    Although these insurance options may seem overwhelming and expensive, consider the cost of not having proper coverage in place if something catastrophic happens, such as a disability or lawsuit early in your career. Being a dentist is one of the best occupations there is. The future of dentistry is bright and new dentists can make a great living with a successful career that lasts as long as they want. Part of that successful career is being sure you have the right type of coverage in place so that if something catastrophic happens the insurance company takes the risk rather than your practice, your professional reputation, or your pocket book.

  7. 48 CFR 1426.7103 - The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund... (United States)


    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization...

  8. Insurability of export credit risks


    Alsem, K.J.


    This report presents an analysis of the market for export credit insurance. Governments of all developed countries oer exporting companies export credit (re)insurance, either directly or indirectly. This raises the questions 1. What are the key determinants of export credit risk insurability by the private market? 2. Which export credit risks can be covered by the private market? We provide an answer to these questions by means of a literature review and an extensive field study, with special...

  9. Bankruptcy as Implicit Health Insurance


    Neale Mahoney


    This paper examines the interaction between health insurance and the implicit insurance that people have because they can file (or threaten to file) for bankruptcy. With a simple model that captures key institutional features, I demonstrate that the financial risk from medical shocks is capped by the assets that could be seized in bankruptcy. For households with modest seizable assets, this implicit “bankruptcy insurance” can crowd out conventional health insurance. I test these predictions u...

  10. Mergers and acquisitions: director and consultant liability exposure. (United States)

    Waxman, J M


    Corporate directors and their consultants must make decisions in an uncertain and changing health care environment. The losses each may face as a result of an incomplete analysis of the true value of the entities involved in mergers or acquisitions may extend beyond the failure of the transaction to the creation of personal liability as well. Accordingly, objective, careful, detailed, and fair decision-making based upon adequate information is more critical than ever for directors if they are to be able to take advantage of the business judgment rule, and also for consultants to avoid their own liability when transactions fail to deliver the values they have estimated.

  11. Voluntary Public Unemployment Insurance

    DEFF Research Database (Denmark)

    O. Parsons, Donald; Tranæs, Torben; Bie Lilleør, Helene

    Denmark has drawn much attention for its active labor market policies, but is almost unique in offering a voluntary public unemployment insurance program requiring a significant premium payment. A safety net program – a less generous, means-tested social assistance plan – completes the system....... The voluntary system emerged as one of many European “Ghent systems,” essentially government subsidized trade union plans, but has since lost many key features of such plans. We assess system performance using a 10% sample of the Danish population drawn from administrative data. Coverage rates for the voluntary...

  12. The economics of health insurance. (United States)

    Jha, Saurabh; Baker, Tom


    Insurance plays an important role in the United States, most importantly in but not limited to medical care. The authors introduce basic economic concepts that make medical care and health insurance different from other goods and services traded in the market. They emphasize that competitive pricing in the marketplace for insurance leads, quite rationally, to risk classification, market segmentation, and market failure. The article serves as a springboard for understanding the basis of the reforms that regulate the health insurance market in the Patient Protection and Affordable Care Act. Copyright © 2012 American College of Radiology. Published by Elsevier Inc. All rights reserved.

  13. Cyber Insurance - Managing Cyber Risk (United States)


    I N S T I T U T E F O R D E F E N S E A N A L Y S E S Cyber Insurance – Managing Cyber Risk Laura A. Odell, Project Leader...license under the clause at DFARS 252.227-7013 (a)(16) [Jun 2013]. Cyber Insurance – Managing Cyber Risk Data breaches involving...result, the insurance industry is seeing a sharp increase in demand for cyber in- surance offerings to businesses. What is cyber insurance ? Cyber

  14. Survey of social health insurance structure in selected countries; providing framework for basic health insurance in Iran. (United States)

    Mohammadi, Effat; Raissi, Ahmad Reza; Barooni, Mohsen; Ferdoosi, Massoud; Nuhi, Mojtaba


    Health system reforms are the most strategic issue that has been seriously considered in healthcare systems in order to reduce costs and increase efficiency and effectiveness. The costs of health system finance in our country, lack of universal coverage in health insurance, and related issues necessitate reforms in our health system financing. The aim of this research was to prepare a structure of framework for social health insurance in Iran and conducting a comparative study in selected countries with social health insurance. This comparative descriptive study was conducted in three phases. The first phase of the study examined the structure of health social insurance in four countries - Germany, South Korea, Egypt, and Australia. The second phase was to develop an initial model, which was designed to determine the shared and distinguishing points of the investigated structures, for health insurance in Iran. The third phase was to validate the final research model. The developed model by the Delphi method was given to 20 professionals in financing of the health system, health economics and management of healthcare services. Their comments were collected in two stages and its validity was confirmed. The study of the structure of health insurance in the selected countries shows that health social insurance in different countries have different structures. Based on the findings of the present study, the current situation of the health system, and the conducted surveys, the following framework is suitable for the health social insurance system in Iran. The Health Social Insurance Organization has a unique service by having five funds of governmental employees, companies and NGOs, self-insured, villagers, and others, which serves as a nongovernmental organization under the supervision of public law and by decision- and policy-making of the Health Insurance Supreme Council. Membership in this organization is based on the nationality or residence, which the insured by

  15. 24 CFR 242.39 - Insurance endorsement. (United States)


    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Insurance endorsement. 242.39... MORTGAGE INSURANCE FOR HOSPITALS Endorsement for Insurance § 242.39 Insurance endorsement. Initial endorsement of the mortgage note shall occur before any mortgage proceeds are insured, and the time of final...

  16. 7 CFR 1788.3 - Flood insurance. (United States)


    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Flood insurance. 1788.3 Section 1788.3 Agriculture... (CONTINUED) RUS FIDELITY AND INSURANCE REQUIREMENTS FOR ELECTRIC AND TELECOMMUNICATIONS BORROWERS Borrower Insurance Requirements § 1788.3 Flood insurance. (a) Borrowers shall purchase and maintain flood insurance...

  17. On a Stochastic Model in Insurance

    Indian Academy of Sciences (India)

    proportion of the financial risk is shifted to the insur- ance company. The implicit trust between the insured and the insurance company is at the core of the inter- action. A reasonable mathematical theory of insurance can possibly provide a scientific basis for this trust. Certain types of insurance policies have been prevalent.

  18. Civil liability and nuclear coverage: synthesis report; Responsabilite civile et coverture nucleaires. Rapport du Groupe de Travail

    Energy Technology Data Exchange (ETDEWEB)



    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized.

  19. In our common interest: Liability and redress for damage caused to ...

    African Journals Online (AJOL)

    Those instruments that do, however, contain a liability regime, reveal serious flaws to the degree that not all categories of armed conflict are attended to and only criminal sanctions (with no civil liability) are envisaged, coupled with the significant failure to extend liability to States Parties. Some international instruments fail to ...

  20. 12 CFR 226.1 - Authority, purpose, coverage, organization, enforcement and liability. (United States)


    ... civil liability provisions of sections 108 and 130 of the act. Effective Date Note: At 74 FR 5397, Jan..., incorporates by reference administrative enforcement and civil liability provisions of sections 108 and 130 of..., enforcement and liability. 226.1 Section 226.1 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF...

  1. 33 CFR 138.240 - Procedure for calculating limit of liability adjustments for inflation. (United States)


    ... of liability adjustments for inflation. 138.240 Section 138.240 Navigation and Navigable Waters COAST... calculating limit of liability adjustments for inflation. (a) Formula for calculating a cumulative percent... every three years from the year the limits of liability were last adjusted for inflation, the Director...

  2. 78 FR 76332 - Proposed Submission of Information Collection for OMB Review; Comment Request; Liability for... (United States)


    ... INFORMATION: Section 4062 of the Employee Retirement Income Security Act of 1974, as amended, provides that... group (``the employer'') incur liability (``employer liability'') if the plan terminates with assets... 30 percent of the employer's net worth. Section 4062.6 of PBGC's employer liability regulation (29...

  3. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law. (United States)


    ... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed...

  4. Health insurance education strategies for increasing the insured ...

    African Journals Online (AJOL)



    May 13, 2012 ... to which a multi-strategy health insurance education intervention would increase the number of insured among the older population in rural Kenya. Methods: The quasi-experimental ... Medical Journal - ISSN 1937-8688. This is an Open Access article distributed under the terms of the Creative Commons.

  5. Health insurance education strategies for increasing the insured ...

    African Journals Online (AJOL)

    Introduction: The older population in most developing countries are uninsured and lack access to health services. This study assessed the extent to which a multi-strategy health insurance education intervention would increase the number of insured among the older population in rural Kenya. Methods: The ...

  6. Professional use of social media by pharmacists. (United States)

    Barry, Arden R; Pearson, Glen J


    A recent trend among health care professionals is the use of social media for professional purposes. These rapidly expanding media allow for timely and efficient access to health information, but they also carry the potential for increased liability. There is a paucity of research detailing how health care professionals, specifically pharmacists, use social media. To characterize the use of social media by pharmacists in the Canadian province of Alberta and to identify independent determinants of and perceived barriers to using social media for professional purposes. Data for this mixed-methods study were collected by an online survey in March and April 2014. Alberta pharmacists were invited to participate via e-mail distributed by 2 professional organizations. The survey had 273 respondents. Of these, 226 (82.8%) stated that they had a social media account for either personal or professional purposes, and 138 (61.1%) of these reported using social media for professional purposes, although most respondents used social media predominantly for personal reasons. The most commonly reported social media applications were Facebook and Twitter, accessed primarily via smartphones. Of the 273 respondents, 206 (75.5%) had a Facebook account, and 101 (49.0%) of these used Facebook to some extent for professional purposes. Twitter users (104 [38.1%] of respondents) had a higher rate of professional utilization (57/104 [54.8%]). The most commonly identified barrier to using social media for professional purposes was concern over liability. Positive predictors of use of social media for professional purposes included younger age and fewer years of professional experience. Participants perceived the most beneficial aspect of social media (in professional terms) as connecting with pharmacist colleagues. More than 80% of pharmacists in Alberta reported that they had a social media account, and over half of them reported using their accounts for professional purposes. Although

  7. 26 CFR 1.7702-2 - Attained age of the insured under a life insurance contract. (United States)


    ... age of the insured under a life insurance contract. (a) In general. This section provides guidance on determining the attained age of an insured under a contract that is a life insurance contract under the... second of the two insureds dies. (ii) Section 1.7702-2(c)(1) provides that if a life insurance contract...

  8. 75 FR 59057 - Common Crop Insurance Regulations, Cotton Crop Insurance Provisions and Macadamia Nut Crop... (United States)


    ... Insurance Corporation 7 CFR Part 457 RIN 0563-AB96 Common Crop Insurance Regulations, Cotton Crop Insurance Provisions and Macadamia Nut Crop Insurance Provisions; Correction AGENCY: Federal Crop Insurance Corporation... make corrections relating to the insurance of cotton and macadamia nuts that published March 30, 2010...

  9. 78 FR 55171 - Common Crop Insurance Regulations; Processing Sweet Corn Crop Insurance Provisions (United States)


    ... Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC37 Common Crop Insurance Regulations; Processing Sweet Corn Crop Insurance Provisions AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Final rule. SUMMARY: The Federal Crop Insurance Corporation (FCIC) finalizes the Common Crop Insurance...

  10. 76 FR 75805 - Common Crop Insurance Regulations; Prune Crop Insurance Provisions (United States)


    ... Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC36 Common Crop Insurance Regulations; Prune Crop Insurance Provisions AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Proposed rule. SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance...

  11. 78 FR 13454 - Common Crop Insurance Regulations; Pecan Revenue Crop Insurance Provisions (United States)


    ... Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC35 Common Crop Insurance Regulations; Pecan Revenue Crop Insurance Provisions AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Final rule. SUMMARY: The Federal Crop Insurance Corporation (FCIC) finalizes the Common Crop Insurance Regulations...

  12. [Liability for hepatitis after blood transfusion (author's transl)]. (United States)

    Fiedler, H; Hackethal, B


    1) Only a very limited amount of all cases of so-called "post-transfusion-hepatitis" (pth) is really due to infectivity of the transfused blood. Regardless of the mostly unknown true source of the infection, the occurrence of "pth" for itself does not qualify the recipient and/or his illness-insurance company for a legitimate action for damages against the blood bank under current West Germany Federal Law. 2) All West German blood banks are obliged by Federal Law to insure themselves against strictly defined damage claims. Their damage-insurance companies are not entitled to pay compensations to the illness-insurance companies of any victim of "pth" without meticulous investigation of the exact circumstances if expenses exceeding the legally defined limitations are included in the premium of damage-insurance charged to the blood banks. 3)Since nearly all inhabitants of West Germany are legally or voluntarily insured against illness, compensations paid by damage-insurance companies to illness-insurance companies are no appropriate means for any cost containment of the latter: The blood banks have no other choice than to calculate the additional premium costs into the costs of the blood units to be debitted to the illness-insurance companies.

  13. A stochastic-programming approach to integrated asset and liability ...

    African Journals Online (AJOL)

    This increase in complexity has provided an impetus for the investigation into integrated asset- and liability-management frameworks that could realistically address dynamic portfolio allocation in a risk-controlled way. In this paper the authors propose a multi-stage dynamic stochastic-programming model for the integrated ...

  14. [The civil and criminal liability of the nurse]. (United States)

    Caumes, Grégory


    Liability, from a legal point of view, is a person's obligation to answer for their actions or inactions and the resulting consequences. This can lead, if there is fault and injury resulting from this fault, to the need for financial compensation or a prison sentence.

  15. motor vehicle lessors' liability for damages to third parties: acomment

    African Journals Online (AJOL)


    Introduction. Amidst deteriorating road safety and increased motor vehicle accidents, litigations involving Article 2081 et seq. of the Ethiopian Civil Code appear to have increased in the last few years. Interesting court decisions involving, among other things, the scope of the strict liability rules of the Ethiopian extra-.

  16. Civil Liability for Failure to Train to Standard. (United States)

    Sample, John


    Reviews the legal concept of "failure to train to standard" from the context of law enforcement. Responsibility for training is discussed, case examples and examples of monetary judgments are given, and recommendations for preventing and limiting liability for failure to train to standard are presented. (16 references) (LRW)

  17. Civil Liability for Failing to Report Child Abuse. (United States)

    Lehto, Neil J.


    The article examines the Landeros decision (which ruled that a doctor who fails to report a child abuse victim can be held liable for subsequent injuries inflicted on the child) and discusses three theories of proving civil liability for the failure to report child abuse victims. Addressed are the following topics: the problem of child abuse and…

  18. European intermediary liability in copyright: A tort-based analysis

    NARCIS (Netherlands)

    Angelopoulos, C.J.


    With the adoption and subsequent national implementation of the E-Commerce Directive’s safe harbour regime, the architecture set up in Europe for the civil liability of internet intermediaries for the copyright infringements of others has become two-tiered: at a first stage, it is necessary to


    African Journals Online (AJOL)

    Whether a civil lawsuit based on tort law will succeed or not depends on the type of tort ... considerably above that at which civil liability may be incurred. Traditionally it has .... “Standard” in hospitals or other health facilities includes procedures, guidelines, accepted usages and principles …etc. Article 2031. (1) A person ...

  20. Robustness for Asset-Liability Management of Pension Funds

    NARCIS (Netherlands)

    Horváth, Ferenc; de Jong, Frank; Werker, Bas


    We survey the literature on robust dynamic asset allocation with an emphasis on the asset-liability management of pension funds. After demonstrating the difference between risk and uncertainty (Section 1), we introduce two levels of uncertainty: parameter uncertainty and model uncertainty (Section

  1. Translating guilt: Identifying leadership liability for mass atrocity crimes

    NARCIS (Netherlands)

    Steer, C.E.


    The truism that crimes of mass atrocity are by definition collective may be one of the greater banes of criminal law lawyers attempting to solve the problem of liability. Collective crimes are familiar to all domestic criminal law systems, however the context in which mass atrocity takes place is

  2. 31 CFR 370.26 - What limitations exist on liability? (United States)


    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.26 Section 370.26 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...

  3. 31 CFR 370.15 - What limitations exist on liability? (United States)


    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.15 Section 370.15 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...

  4. 31 CFR 370.41 - What limitations exist on liability? (United States)


    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false What limitations exist on liability? 370.41 Section 370.41 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY BUREAU OF THE PUBLIC DEBT ELECTRONIC TRANSACTIONS AND FUNDS...

  5. 29 CFR 4281.18 - Outstanding claims for withdrawal liability. (United States)


    ... INSOLVENCY, REORGANIZATION, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS DUTIES OF PLAN... in insolvency proceedings. The plan sponsor shall value an outstanding claim for withdrawal liability... title 11, United States Code, or any case or proceeding under similar provisions of state insolvency...

  6. Intellectual property liability of consumers, facilitators, and intermediaries

    NARCIS (Netherlands)

    Heath, C.; Kamperman Sanders, A.W.J.


    With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting

  7. Ex-post Liability Rules in Modern Patent Law

    NARCIS (Netherlands)

    R.J.F.M. Castro Bernieri (Rosa)


    textabstractThis book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief

  8. A Spectrum of Liabilities for Off-Campus Housing (United States)

    Cormier, Mary-Pat


    The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was…

  9. Pharmacists' liability: what my pharmacy law professor did not cover. (United States)

    Rizo, Mike; Seamon, Matthew


    This article summarizes a practicing pharmacist's take on the liability of pharmacists in current pharmacy practice. The author, who feels that compounding pharmacists should be held to the same standards as other healthcare providers in civil litigations, provides a look at what he considers "entrapment" by way of legal double standards between independent pharmacy and big pharma.

  10. 26 CFR 31.3403-1 - Liability for tax. (United States)


    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for tax. 31.3403-1 Section 31.3403-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Collection of...

  11. 76 FR 62419 - Science of Abuse Liability Assessment; Public Workshop (United States)


    ... HUMAN SERVICES Food and Drug Administration Science of Abuse Liability Assessment; Public Workshop AGENCY: Food and Drug Administration, HHS. ACTION: Notice of public workshop; request for comments. The Food and Drug Administration (FDA) is announcing a public workshop to discuss the science of abuse...

  12. Hospital exclusion clauses limiting liability for medical malpractice ...

    African Journals Online (AJOL)

    In 2002 the Supreme Court of Appeal ruling in Afrox Healthcare Beperk v. Strydom held that the common law allows hospitals to exclude liability for medical malpractice resulting in death or physical or psychological injury – except in the case of gross negligence. The effect of this judgment has now been superseded by the ...

  13. 40 CFR 80.23 - Liability for violations. (United States)


    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations. 80.23 Section 80.23 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS... the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries appears...

  14. Criminal Liability of Political Decision-Makers in the Netherlands

    NARCIS (Netherlands)

    Geelhoed, Willem; Zimmermann, Frank


    Dutch criminal law does not provide for criminal liability for a political decision-maker who decides to build a bridge, if thereafter the project runs out of control or the bridge appears not to justify the funds spent on the project. This is most probably even the case if the decision-maker knew

  15. The Liability Rules under International GHG Emissions Trading

    NARCIS (Netherlands)

    Zhang, ZX

    Article 17 or the Kyoto Protocol authorizes emissions trading, but the rules governing emissions trading have been deferred to subsequent conferences. in designing and implementing an international greenhouse gas (GHG) emissions trading scheme, assigning liability rules has been considered to be one

  16. The jurisprudence of product liability in Nigeria: a need to ...

    African Journals Online (AJOL)

    Bearing in mind that a principal rationale of tort law is to ensure that prejudiced parties are compensated for losses suffered, this article explains why it is necessary to assess and review applicable principle of liability in Nigeria to ensure that it is in line with the demands of justice, which should be in conformity with the ...

  17. CERN Health Insurance Scheme (CHIS) Contributions – Changes for 2012

    CERN Multimedia

    HR Department


    Following the 2010 five-yearly review of financial and social conditions, which included the CERN Health Insurance Scheme (CHIS), the CERN Council decided in December 2010 to progressively increase the level of contributions over the period 2011-2015.   For 2012, the contribution rate of active and retired CHIS members will be 4.41%. The amounts of the fixed premiums for voluntarily insured members (e.g. users and associates) as well as the supplementary contributions for spouses with income from a professional activity increase accordingly : Voluntary contributions The full contribution based on Reference Salary II is now 1094 CHF per month. This fixed amount contribution is applied to voluntarily affiliated users and associates with normal coverage. Half of this amount (547 CHF) is applied to apprentices as well as to voluntarily affiliated users and associates with reduced coverage. Finally, an amount of 438 CHF is applied to children maintaining their insurance cover on a voluntary and tempo...

  18. Surviving the Current Hard Insurance Market. (United States)

    Shoaf, Lawrence G.


    School districts can expect to see significant increases in insurance renewal premiums. Advice is offered on safety and loss control procedures, dealing with an insurance broker, and bidding for insurance coverage. (MLF)

  19. Cancer Takes Financial Toll, Even with Insurance (United States)

    ... 167713.html Cancer Takes Financial Toll, Even With Insurance 1 in 6 insured patients spends one-third ... of cancer treatment on people who have health insurance. The vast majority in the study had private ...

  20. 77 FR 11191 - Insurance Cost Information Regulation (United States)


    ... insurance cost information booklet that all car dealers must make available to prospective purchasers... insurance costs of different makes and models of passenger cars based on differences in damage... National Highway Traffic Safety Administration Insurance Cost Information Regulation AGENCY: National...

  1. Analysis Brazilian preference shares: financial liabilities or equity instruments?

    Directory of Open Access Journals (Sweden)

    Diana Lucia de Almeida


    Full Text Available The Brazilian preference shares, in general, except when they present specific features, such as mandatory redemption and cumulative dividends, meet the accounting definition of equity instruments. However, the scientific literature believes that those shares that do not have discretion to avoid the delivery of cash must be classified as financial liabilities. In a context in which remain differences of understanding of their proper accounting treatment, the following question arises: preferred shares of Brazilian companies are being recognized in the financial statements in accordance with the theoretical and normative precepts? Thus, the aim of this study is to verify if the preference shares of Brazilian companies have been recognized in the financial statements for according to the scientific literature and accounting standards. Through content analysis, we analyzed the information of 157 companies listed on BM&FBOVESPA. The results show that 155 companies classify its preference shares as equity instruments and two as financial liabilities. These two companies, as well as 149 of those which qualify as equity instruments, are treating them properly in its accounting. The other six companies should present its preference shares as liabilities, given the absence of discretion to avoid cash delivery, feature present in financial liabilities, unlike equity instruments. It is noticed that, unlike what happens, for instance, in the US market, it is not possible to classify all Brazilian preference shares as a financial liability, since, in Brazil , they are used in different legal format of those widely found in that market. Moreover, almost all of the analyzed shares have essential features for classification as equity instruments. Hence, the importance of analysis of the economic essence of each instrument, thus, enabling the appropriate accounting treatment in the financial statements.

  2. How to avoid liability litigation in courts – Suggestions from a German example

    Directory of Open Access Journals (Sweden)

    Liebermeister, Hermann


    Full Text Available The medical art is difficult, its results can not always be predicted. After looking at TV, patients know more or think they know more about medicine. They tend to assume faulty diagnostics or treatment by their physician, if the good result promised by the news-media or by the doctor himself has not been obtained. The resulting litigation in court is time-consuming, causes a lot of paperwork and frequently leads to negative publicity for the doctor in the local news-media. Therefore, in 1975, the German Medical Associations in the different federal areas have founded expert committees to help solve this problem. These avoid negative publicity, heavy expenses and law-suits. Presidents of these committees are high-level judges – mostly retired – with experience in the field. They are masters of the procedure, choose the experts and formulate the final draft. This structure invalidates the understandable suspicion that physicians will protect each other or – as we say in Germany: “A crow will not hurt the eye of another one”. The system is now well accepted by liability insurances, lawyers and patients.

  3. Avoiding sexual harassment liability in veterinary practices. (United States)

    Lacroix, C A; Wilson, J F


    Harassment based on gender violates the rule of workplace equality established by Title VII of the Civil Rights Act and enforced by the EEOC. In 1986, the US Supreme Court, in Meritor Savings Bank v Vinson, established the criteria that must be met for a claim of hostile environment sexual harassment to be considered valid. Plaintiffs must show that they were subjected to conduct based on their gender, that it was unwelcome, and that it was severe and pervasive enough to alter their condition of employment, resulting in an abusive working environment. There have been few sexual harassment cases involving veterinary professionals, and it is our goal to help keep the number of filed actions to a minimum. The most effective way to avoid hostile environment sexual harassment claims is to confront the issue openly and to adopt a sexual harassment policy for the practice. When it comes to sexual harassment, an ounce of prevention is unquestionably worth a pound of cure.

  4. 27 CFR 70.482 - Offers in compromise of liabilities (other than forfeiture) under 26 U.S.C. (United States)


    ... 26 U.S.C. (a) In general. The appropriate TTB officer may compromise any civil or criminal liability... liability. (b) Scope of compromise agreement. A compromise agreement may relate to civil or criminal.... However, acceptance of an offer in compromise of a civil liability does not remit a criminal liability...

  5. 26 CFR 1.707-5 - Disguised sales of property to partnership; special rules relating to liabilities. (United States)


    ... partnership. A similar rule applies to other related party transactions involving liabilities to the extent...; special rules relating to liabilities. 1.707-5 Section 1.707-5 Internal Revenue INTERNAL REVENUE SERVICE...-5 Disguised sales of property to partnership; special rules relating to liabilities. (a) Liability...

  6. Specifics of the Unearned Premium Reserve in the Accounting of Commercial Insurance Companies

    Directory of Open Access Journals (Sweden)

    Jana Gláserová


    Full Text Available Commercial insurance companies are liable to create, on the basis of risks arising from the fulfillment of the object of their activity, technical reserves, which are used to cover liabilities arising to insurance companies from insurance and reinsurance activity. The paper focuses on the technical reserve which is, in accordance with the accounting-legal regulation, created obligatorily in commercial insurance companies – it is the unearned premium reserve.The paper explores the role and place of this technical reserve in the accounting of the commercial insurance companies based on the analysis of its substance, i.e. the objective definition. The paper is based on the methodology of the accounting, evaluation and methods of determining the amount of the technical reserve which will affect the income from operations as well as income tax base of commercial insurance companies. The paper also studied the method of reporting of unearned premium reserve in accounting according to Czech accounting legislation in comparison with International Accounting Standards (IAS/IFRS. The aim of this paper is to determine the impacts of the creation and application of the unearned premium reserve on some important items of the financial statements, which are mainly the income of operations, equity capital and balance sheet as well as to identify the impacts of different reporting of this reserve according to Czech accounting legislation and in accordance with IAS/IFRS. Performing the analysis of the accounting-legal regulation of the unearned premium reserve in the insurance companies, the analysis of the method of accounting of this reserve and also the comparison of reporting of this reserve according to both mentioned regulations is a prerequisite for the fulfillment of the aim.

  7. Pricing-out effect from possible user-fee policies under Taiwan's National Health Insurance. (United States)

    Chen, Wen-Yi; Liang, Yia-Wun; Lin, Yu Hui


    This article simulates the pricing-out effect due to various user-fee policies under Taiwan's National Health Insurance. Our simulation results indicate that the lower income group is more likely to be priced out of the healthcare system than the higher income group. On average, pricing-out effects are 0.04, 0.21, 0.52 and 0.73% of total beneficiaries with respect to the new co-payment policy, the catastrophic insurance policy, the under insurance policy, and the case of no National Health Insurance, respectively. We caution that a reduction of healthcare utilization due to higher user fees could result in some patients being left behind without professional care because the pricing-out effects could be higher than the substitution effects diverting demand to other professional care alternatives.


    Directory of Open Access Journals (Sweden)

    M. Malik


    Full Text Available This paper examines the legislation and regulation of insurance repositories. The basic conditions and requirements of creating and functioning of the new insurance market institute were studied. The basic requirements for managing personal of insurance repository were noticed. The study reveals the interaction mechanism of insurers and insured at the book-entry insurance policies turnover market via creation of the new institute, which is set to issue and control electronic insurance coverage.

  9. Genetics and Personal Insurance: the Perspectives of Canadian Cancer Genetic Counselors. (United States)

    Lane, Michelle; Ngueng Feze, Ida; Joly, Yann


    Genetic discrimination in the context of genetic testing has been identified as a concern for symptomatic and asymptomatic individuals for more than three decades. Genetic counselors are often the health care professionals who discuss risks and benefits of genetic testing with patients, thereby making them most appropriate to address patient concerns about genetics and personal insurance (i.e., life, life as related to mortgage or group insurance, disability, critical illness and travel). A pilot study was conducted to ascertain the current practices of Canadian cancer genetic counselors in regard to their discussions with patients about genetic testing and access to personal insurance. Among the 36 counselors surveyed, 100 % reported discussing the issue of genetic testing and personal insurance with their patients. Several factors influenced the content, depth and length of these discussions including age, cancer status, family members, and patients' current and future insurance needs. Counselors reported discussing with patients the possible impact of genetic test results on access to personal insurance, possible access and use of patient genetic information by insurance companies, and whom patients should contact if they have additional questions. The most commonly reported inquiries from patients included questions about the possible impact of genetic testing on their ability to obtain insurance, and the insurability of family members. While 28 % of counselors reported having been contacted by an insurer requesting access to patient information, only one counselor was aware of or could recall the outcome of such a request. This pilot study revealed that issues concerning genetics and personal insurance are commonly discussed in Canadian cancer genetic counseling sessions. Counselors furthermore expressed a need for additional educational resources on the topic of genetics and personal insurance for themselves and their patients.


    Directory of Open Access Journals (Sweden)



    Full Text Available Insurance is a contract made by a company or society, or by the state, to provide a guarantee for loss, damage, illness, death etc in return for regular payments. In other words it is a means by which one pays a relatively small known cost for protection against an uncertain and much larger cost. Still, this contract (insurance policy makes it possible for the insured to cover only losses that are measurable in terms of money and caused strictly by hazardous events, independent from own doing. If no such events should happen, the benefits won’t exist in a tangible, material form, but will take the shape of security against ruin. Since the insurance industry has developed more during the last decade due to the powerful players that have entered the market, the services provided by the insurance companies, and not only their products have evolved a lot in order to meet the requirements of the consumers, and to make them familiar with this type of investments. Therefore all the means of advertising became essential in this process of implementation and familiarization with this area of activity: mass-media advertising, insurance brokerage companies, the internet are all parts of this process.

  11. Cooperation between gatekeepers in sickness insurance – the perspective of social insurance officers. A qualitative study (United States)

    Thorstensson, Carina A; Mathiasson, Jenny; Arvidsson, Barbro; Heide, Anders; Petersson, Ingemar F


    Background Objective was to describe variations in how social insurance officers conceive the cooperation with the health care in their daily work with sick leave. Methods Fifteen social insurance officers (SIOs) working with administration of sickness benefits were interviewed. They were purposefully recruited to represent different parts of the social insurance office organization, different ages, gender, education, and work experience. The interviews were audio-recorded, transcribed verbatim and analyzed using phenomenographic approach. Results 11 women and 4 men, aged 25–65, with a work experience ranging from 1–40 years were interviewed. Three descriptive categories embracing eleven subcategories emerged: 1) Communication channels included three subcategories; to obtain medical opinions, to hold meetings with actors involved, to experience support functions; 2) Organizational conditions included five subcategories; to experience lack of time, to experience problems of availability, to experience lack of continuity, to experience unclear responsibility, to experience ongoing change; 3) Attitudes included three subcategories; to conceive the attitudes of the physicians, to conceive the attitudes of the patients, to conceive the attitudes of the SIOs. Conclusion Personal communication was described as crucial to ensure a more efficient working process. The personal contact was obstructed mainly by issues related to work load, lack of continuity, and reorganisations. By enhancing and enabling personal contact between SIOs and health care professionals, the waiting times for the sick-listed might be shortened, resulting in shorter periods of sick-leave. Issues around collaboration and communication between gatekeepers need to be recognized in the ongoing work with new guidelines and education in insurance medicine. PMID:18992160

  12. Cooperation between gatekeepers in sickness insurance - the perspective of social insurance officers. A qualitative study. (United States)

    Thorstensson, Carina A; Mathiasson, Jenny; Arvidsson, Barbro; Heide, Anders; Petersson, Ingemar F


    Objective was to describe variations in how social insurance officers conceive the cooperation with the health care in their daily work with sick leave. Fifteen social insurance officers (SIOs) working with administration of sickness benefits were interviewed. They were purposefully recruited to represent different parts of the social insurance office organization, different ages, gender, education, and work experience. The interviews were audio-recorded, transcribed verbatim and analyzed using phenomenographic approach. 11 women and 4 men, aged 25-65, with a work experience ranging from 1-40 years were interviewed. Three descriptive categories embracing eleven subcategories emerged: 1) Communication channels included three subcategories; to obtain medical opinions, to hold meetings with actors involved, to experience support functions; 2) Organizational conditions included five subcategories; to experience lack of time, to experience problems of availability, to experience lack of continuity, to experience unclear responsibility, to experience ongoing change; 3) Attitudes included three subcategories; to conceive the attitudes of the physicians, to conceive the attitudes of the patients, to conceive the attitudes of the SIOs. Personal communication was described as crucial to ensure a more efficient working process. The personal contact was obstructed mainly by issues related to work load, lack of continuity, and reorganisations. By enhancing and enabling personal contact between SIOs and health care professionals, the waiting times for the sick-listed might be shortened, resulting in shorter periods of sick-leave. Issues around collaboration and communication between gatekeepers need to be recognized in the ongoing work with new guidelines and education in insurance medicine.

  13. Cooperation between gatekeepers in sickness insurance – the perspective of social insurance officers. A qualitative study

    Directory of Open Access Journals (Sweden)

    Arvidsson Barbro


    Full Text Available Abstract Background Objective was to describe variations in how social insurance officers conceive the cooperation with the health care in their daily work with sick leave. Methods Fifteen social insurance officers (SIOs working with administration of sickness benefits were interviewed. They were purposefully recruited to represent different parts of the social insurance office organization, different ages, gender, education, and work experience. The interviews were audio-recorded, transcribed verbatim and analyzed using phenomenographic approach. Results 11 women and 4 men, aged 25–65, with a work experience ranging from 1–40 years were interviewed. Three descriptive categories embracing eleven subcategories emerged: 1 Communication channels included three subcategories; to obtain medical opinions, to hold meetings with actors involved, to experience support functions; 2 Organizational conditions included five subcategories; to experience lack of time, to experience problems of availability, to experience lack of continuity, to experience unclear responsibility, to experience ongoing change; 3 Attitudes included three subcategories; to conceive the attitudes of the physicians, to conceive the attitudes of the patients, to conceive the attitudes of the SIOs. Conclusion Personal communication was described as crucial to ensure a more efficient working process. The personal contact was obstructed mainly by issues related to work load, lack of continuity, and reorganisations. By enhancing and enabling personal contact between SIOs and health care professionals, the waiting times for the sick-listed might be shortened, resulting in shorter periods of sick-leave. Issues around collaboration and communication between gatekeepers need to be recognized in the ongoing work with new guidelines and education in insurance medicine.

  14. HUD Insured Multifamily Properties (NGDA) (United States)

    Department of Housing and Urban Development — The FHA insured Multifamily Housing portfolio consist primarily of rental housing properties with five or more dwelling units such as apartments or town houses, but...

  15. United Kingdom Automobile Insurance Market (United States)


    The report represents a limited study of the United Kingdom Automobile Insurance Industry: (1) the structure, size, and relationships within the industry; (2) the basis of premium calculation, rate structure, types of policies, and payment of compens...

  16. Pricing of temperature index insurance

    Directory of Open Access Journals (Sweden)

    Che Mohd Imran Che Taib


    Full Text Available The aim of this paper is to study pricing of weather insurance contracts based on temperature indices. Three different pricing methods are analysed: the classical burn approach, index modelling and temperature modelling. We take the data from Malaysia as our empirical case. Our results show that there is a significant difference between the burn and index pricing approaches on one hand, and the temperature modelling method on the other. The latter approach is pricing the insurance contract using a seasonal autoregressive time series model for daily temperature variations, and thus provides a precise probabilistic model for the fine structure of temperature evolution. We complement our pricing analysis by an investigation of the profit/loss distribution from the contract, in the perspective of both the insured and the insurer.

  17. FEMA Flood Insurance Studies Inventory (United States)

    Kansas Data Access and Support Center — This digital data set provides an inventory of Federal Emergency Management Agency (FEMA) Flood Insurance Studies (FIS) that have been conducted for communities and...


    Directory of Open Access Journals (Sweden)

    Niculina KARACSONY


    Full Text Available At European level crime among children represents a contemporary issue and in Romania, the philosophy of the new penal code approved by Law No 286/2009 is shaped around punishment. Prevention policy in Romania and juvenile justice objectives relative to age criteria outlines two different legal manners to address children's liability under the law. One is targeting the category of children between 0 and 14 years of age, which consideres the absolute inability of criminal responsibility and one that provides criminal liability starting from the age of 14. The sensitivity of the issue of children involved in unlawfull acts and the inventory of responses to it brought me to the necessity of research the types of approach and diversity of social services built around this target group.

  19. Quantitative genetic analysis of injury liability in infants and toddlers

    Energy Technology Data Exchange (ETDEWEB)

    Phillips, K.; Matheny, A.P. Jr. [Univ. of Louisville Medical School, KY (United States)


    A threshold model of latent liability was applied to infant and toddler twin data on total count of injuries sustained during the interval from birth to 36 months of age. A quantitative genetic analysis of estimated twin correlations in injury liability indicated strong genetic dominance effects, but no additive genetic variance was detected. Because interpretations involving overdominance have little research support, the results may be due to low order epistasis or other interaction effects. Boys had more injuries than girls, but this effect was found only for groups whose parents were prompted and questioned in detail about their children`s injuries. Activity and impulsivity are two behavioral predictors of childhood injury, and the results are discussed in relation to animal research on infant and adult activity levels, and impulsivity in adult humans. Genetic epidemiological approaches to childhood injury should aid in targeting higher risk children for preventive intervention. 30 refs., 4 figs., 3 tabs.

  20. Life Insurance. The Impact of Ownership


    Flashman, Robert H.; Hayhoe, Celia Ray


    The major reason most people buy life insurance is to provide financial support for beneficiaries in case the insured person dies prematurely. However, there are additional reasons for purchasing insurance. At the end of this fact sheet you will find a short glossary designed to help you understand terms related to life insurance and ownership.

  1. Health Insurance: Understanding Your Health Plan's Rules (United States)

    ... Read MoreDepression in Children and TeensRead MoreBMI Calculator Health Insurance: Understanding What It CoversCancer: End-of-Life Issues ... Home Your Health Resources Healthcare Management Insurance & Bills Health Insurance: Understanding Your Health Plan’s Rules Health Insurance: Understanding ...

  2. 12 CFR 741.216 - Flood insurance. (United States)


    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Flood insurance. 741.216 Section 741.216 Banks... INSURANCE Regulations Codified Elsewhere in NCUA's Regulations as Applying to Federal Credit Unions That Also Apply to Federally Insured State-Chartered Credit Unions § 741.216 Flood insurance. Any credit...

  3. 24 CFR 203.443 - Insurance premium. (United States)


    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Insurance premium. 203.443 Section... DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES SINGLE FAMILY MORTGAGE INSURANCE Contract Rights and Obligations Rehabilitation Loans § 203.443 Insurance...

  4. 24 CFR 201.31 - Insurance charge. (United States)


    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Insurance charge. 201.31 Section... DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES TITLE I PROPERTY IMPROVEMENT AND MANUFACTURED HOME LOANS Insurance of Loans § 201.31 Insurance charge. (a...

  5. 34 CFR 682.505 - Insurance premium. (United States)


    ... 34 Education 3 2010-07-01 2010-07-01 false Insurance premium. 682.505 Section 682.505 Education... § 682.505 Insurance premium. (a) General. The Secretary charges the lender an insurance premium for each Federal GSL Program loan that is guaranteed, except that no insurance premium is charged on a Federal...

  6. 22 CFR 62.14 - Insurance. (United States)


    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Insurance. 62.14 Section 62.14 Foreign... § 62.14 Insurance. (a) Sponsors shall require each exchange visitor to have insurance in effect which... amount of $10,000; and (4) A deductible not to exceed $500 per accident or illness. (b) An insurance...

  7. 38 CFR 36.4329 - Hazard insurance. (United States)


    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Hazard insurance. 36.4329... GUARANTY Guaranty or Insurance of Loans to Veterans With Electronic Reporting § 36.4329 Hazard insurance. The holder shall require insurance policies to be procured and maintained in an amount sufficient to...

  8. 12 CFR 741.212 - Share insurance. (United States)


    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Share insurance. 741.212 Section 741.212 Banks... INSURANCE Regulations Codified Elsewhere in NCUA's Regulations as Applying to Federal Credit Unions That Also Apply to Federally Insured State-Chartered Credit Unions § 741.212 Share insurance. (a) Member...

  9. 48 CFR 3052.228-70 - Insurance. (United States)


    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Insurance. 3052.228-70... of Provisions and Clauses 3052.228-70 Insurance. As prescribed in (HSAR) 48 CFR 3028.310-70 and 3028... insurance. Insurance (DEC 2003) In accordance with the clause entitled “Insurance—Work on a Government...

  10. 46 CFR 308.502 - Additional insurance. (United States)


    ... 46 Shipping 8 2010-10-01 2010-10-01 false Additional insurance. 308.502 Section 308.502 Shipping MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION EMERGENCY OPERATIONS WAR RISK INSURANCE War Risk Cargo Insurance I-Introduction § 308.502 Additional insurance. The assured may place increased value or...

  11. Willingness to Pay for Insurance in Denmark

    DEFF Research Database (Denmark)

    Hansen, Jan V.; Højbjerg Jacobsen, Rasmus; Lau, Morten I.

    We estimate the maximum amount that Danish households are willing to pay for three different types of insurance: auto, home and house insurance. We use a unique combination of claims data from the largest private insurance company in Denmark, measures of individual risk attitudes and discount rates...... of the insurance claims....

  12. 24 CFR 206.15 - Insurance. (United States)


    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Insurance. 206.15 Section 206.15... MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES HOME EQUITY CONVERSION MORTGAGE INSURANCE Eligibility; Endorsement § 206.15 Insurance. Mortgages originated under this...

  13. 38 CFR 36.4222 - Hazard insurance. (United States)


    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Hazard insurance. 36.4222... General Provisions § 36.4222 Hazard insurance. (a) The holder shall require insurance policies to be... it may be subjected to the extent customary in the locality. The costs of such required insurance...

  14. 46 CFR 308.403 - Insured amounts. (United States)


    ... total amount of war risk insurance obtainable from companies authorized to do an insurance business in a... not included in the contract price: Provided, That no war risk insurance is obtainable from companies... MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION EMERGENCY OPERATIONS WAR RISK INSURANCE War Risk...



    Stroe Andreea


    The insurance industry has an essential economic importance.In spite of the great progress,we have to emphase that the existing theoretic models cannot entirely explain the mechanism of the insurance market and of its decisional process,especially in the case of the events with low probabilities.That is the point where the behavioral economists come with a larger view of the factors that influence the consumer decision explained through the Prospect Theory of Kahneman and Tversky, through the...



    Stroe Andreea


    The insurance industry has an essential economic importance.In spite of the great progress,we have to emphase that the existing theoretic models cannot entirely explain the mechanism of the insurance market and of its decisional process,especially in the case of the events with low probabilities.That is the point where the behavioral economists come with a larger view of the factors that influence the consumer decision explained through the Prospect Theory of Kahneman and Tversky, through th...

  17. Observation Status, Poverty, and High Financial Liability Among Medicare Beneficiaries. (United States)

    Goldstein, Jennifer N; Zhang, Zugui; Schwartz, J Sanford; Hicks, LeRoi S


    Medicare beneficiaries hospitalized under observation status are subject to cost-sharing with no spending limit under Medicare Part B. Because low-income status is associated with increased hospital use, there is concern that such beneficiaries may be at increased risk for high use and out-of-pocket costs related to observation care. Our objective was to determine whether low-income Medicare beneficiaries are at risk for high use and high financial liability for observation care compared with higher-income beneficiaries. We performed a retrospective, observational analysis of Medicare Part B claims and US Census Bureau data from 2013. Medicare beneficiaries with Part A and B coverage for the full calendar year, with 1 or more observation stay(s), were included in the study. Beneficiaries were divided into quartiles representing poverty level. The associations between poverty quartile and high use of observation care and between poverty quartile and high financial liability for observation care were evaluated. After multivariate adjustment, the risk of high use was higher for beneficiaries in the poor (Quartile 3) and poorest (Quartile 4) quartiles compared with those in the wealthiest quartile (Quartile 1) (adjusted odds ratio [AOR], 1.21; 95% confidence interval [CI], 1.13-1.31; AOR, 1.24; 95% CI, 1.16-1.33). The risk of high financial liability was higher in every poverty quartile compared with the wealthiest and peaked in Quartile 3, which represented the poor but not the poorest beneficiaries (AOR, 1.17; 95% CI, 1.10-1.24). Poverty predicts high use of observation care. The poor or near poor may be at highest risk for high liability. Copyright © 2018 Elsevier Inc. All rights reserved.

  18. [Principles of medical liability and practice in medical imaging]. (United States)

    Thibierge, M; Fournier, L; Cabanis, E A


    Radiologists are liable for all aspects of their practice, from the indication of an examination to the radiology report and follow-up, as well as for providing information and recommendations. They are liable for their decisions and actions. They are liable for their competence and continuous medical education. They are also liable for their own equipment and staff. In cases of litigation, the liability of a radiologist may be questioned. Four types of procedures must been known: penal, civil, administrative and disciplinary.

  19. Basic Study on Term of Warranty Liability for Miscellaneous Work (United States)

    Park, Junmo; Seo, Deokseok


    In Korea, defect lawsuits for apartment buildings, the most common housing style, are becoming a social issue. Among various issues in defect lawsuits, warranty of liability is very important. This is because the business entities are responsible for assuring the maintenance of the defects during this period, and at the same time, the residents can request fair compensation for the defects. However, provisions on the term of warranty of liability provided in the current Housing Act were made 40 years ago when the social basis were weak. Thus, it does not have any rational foundation. In order to improve these problems, basic research on the warranty of liability by major types of apartments is needed. In this study, the defect cases for miscellaneous works of apartments were examined and analyzed. Miscellaneous work consists of ondol work, kitchenware work, indoor and outdoor equipment work, and metallic work. Among them, kitchenware work and metallic work showed a lot of defects. On the other hand, warranty of liability covers up to 10 years in total. The defect occurrence for the entire miscellaneous work showed a tendency to concentrate in the first and the second year. It is the third year that the total defects reach 95%, and the fourth year that exceeds 99%. The ondol work, indoor and outdoor equipment work and metallic work had this tendency. On the other hand, for kitchenware work, it is the third year that the defect occurrence reaches 99%, and it implies that the defect tends to occur more quickly than in other detailed works.

  20. Endorsement liability: putting your good name at risk. (United States)

    Aicher, R H


    Endorsements designed to sell products are most effective when the endorser is a celebrity or an expert. If such endorsements contain misrepresentations, the endorser risks personal liability. For products related to health and safety, endorsements are subject to evaluation by reliable independent sources. In a number of high-profile cases, the Federal Trade Commission determined that endorsers must have a reasonable basis for their representations. (Aesthetic Surg J 2001;21:373-374.).

  1. [Responsibility due to medication errors in France: a study based on SHAM insurance data]. (United States)

    Theissen, A; Orban, J-C; Fuz, F; Guerin, J-P; Flavin, P; Albertini, S; Maricic, S; Saquet, D; Niccolai, P


    The safe medication practices at the hospital constitute a major public health problem. Drug supply chain is a complex process, potentially source of errors and damages for the patient. SHAM insurances are the biggest French provider of medical liability insurances and a relevant source of data on the health care complications. The main objective of the study was to analyze the type and cause of medication errors declared to SHAM and having led to a conviction by a court. We did a retrospective study on insurance claims provided by SHAM insurances with a medication error and leading to a condemnation over a 6-year period (between 2005 and 2010). Thirty-one cases were analysed, 21 for scheduled activity and 10 for emergency activity. Consequences of claims were mostly serious (12 deaths, 14 serious complications, 5 simple complications). The types of medication errors were a drug monitoring error (11 cases), an administration error (5 cases), an overdose (6 cases), an allergy (4 cases), a contraindication (3 cases) and an omission (2 cases). Intravenous route of administration was involved in 19 of 31 cases (61%). The causes identified by the court expert were an error related to service organization (11), an error related to medical practice (11) or nursing practice (13). Only one claim was due to the hospital pharmacy. The claim related to drug supply chain is infrequent but potentially serious. These data should help strengthen quality approach in risk management. Copyright © 2014 Elsevier Masson SAS. All rights reserved.

  2. 76 FR 20298 - Insurer Reporting Requirements; List of Insurers; Required To File Reports (United States)


    ... CFR Part 544 Crime insurance, Insurance, Insurance companies, Motor vehicles, Reporting and... appendices list those passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experiences. An insurer included in any of these appendices would be required to file...

  3. 78 FR 58264 - Servicemembers' Group Life Insurance and Veterans' Group Life Insurance Information Access (United States)


    ... AFFAIRS 38 CFR Part 9 RIN 2900-AO42 Servicemembers' Group Life Insurance and Veterans' Group Life... Insurance (SGLI), Family SGLI, SGLI Traumatic Injury Protection, and Veterans' Group Life Insurance (all...-AO42 Servicemembers' Group Life Insurance and Veterans' Group Life Insurance Information Access...

  4. 41 CFR 60-741.25 - Health insurance, life insurance and other benefit plans. (United States)


    ... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true Health insurance, life insurance and other benefit plans. 60-741.25 Section 60-741.25 Public Contracts and Property Management... Health insurance, life insurance and other benefit plans. (a) An insurer, hospital, or medical service...

  5. 77 FR 27658 - Common Crop Insurance Regulations; Processing Sweet Corn Crop Insurance Provisions (United States)


    ...; ] DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC37 Common Crop Insurance Regulations; Processing Sweet Corn Crop Insurance Provisions AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Proposed rule. SUMMARY: The Federal Crop Insurance Corporation (FCIC) proposes to...

  6. InsurTech: challeges and development perspectives




    The article is focused on analyzing the current status and perspectives of financial technologies use by insurers. This research points out the trends of insurance technologies flows among participants of the insurance services market, discusses the differences between insurance companies and start-ups services. The article has focused on the statement that Blockchain-technology is the basis for the application of technological innovation in the insurance market. It is proved that automation ...

  7. Professional Certification (United States)

    WaterSense recognizes certification programs for irrigation professionals that meet the specification criteria. Certification programs cover three areas: irrigation system design, installation and maintenance, and system auditing.


    Directory of Open Access Journals (Sweden)

    Stroe Andreea


    In this paper there are showed and debated some situation in which psychological effects like loss aversion, reference point, status-quo and framming effects can influence the deccision of the consumer and are not consistent with the standard economic model.In addition to this aspects, Cumulative Prspect Theory enhance the fact that decision makers overestimate low peobabilities and underestimate high probabilities,thus buying inadequate insurance in many thiss sense, in order to support this idea I tried to make a qualitative presentation of the model used on the insurance market using Prelec function which is the function related with the Cumulative Prospect Theory which can be used in the insurance context.The weak points of the theory of expected utility are explained through this new perspectives and nevertheless aspects like insensivity to bad news concerning incomes,elasticity of price,displacements of status-quo and default,disposition effect and equity premium are taken into consideration.As example,I chose a Kunreuther experiment about insurance decision in with is underlyined the fact that for moderate risk people buy insurance with premiums that exceed the expected loss.There are demands for low deductibles in the the markets for extended guarantees and insurances for mobile phones where was observed that the insurance underwriting rate increases with the probability of loss keeping the expected loss constant.It is better to mention that the theory and the model that are presented here comes as complementary to the economic standard theory not as a substitute.

  9. The professional responsibility model of physician leadership. (United States)

    Chervenak, Frank A; McCullough, Laurence B; Brent, Robert L


    The challenges physician leaders confront today call to mind Odysseus' challenge to steer his fragile ship successfully between Scylla and Charybdis. The modern Scylla takes the form of ever-increasing pressures to provide more resources for professional liability, compliance, patient satisfaction, central administration, and a host of other demands. The modern Charybdis takes the form of ever-increasing pressures to procure resources when fewer are available and competition is continuously increasing the need for resources, including managed care, hospital administration, payers, employers, patients who are uninsured or underinsured, research funding, and philanthropy. This publication provides physician leaders with guidance for identifying and managing common leadership challenges on the basis of the professional responsibility model of physician leadership. This model is based on Plato's concept of leadership as a life of service and the professional medical ethics of Drs John Gregory and Thomas Percival. Four professional virtues should guide physician leaders: self-effacement, self-sacrifice, compassion, and integrity. These professional virtues direct physician leaders to treat colleagues as ends in themselves, to provide justice-based resource management, to use power constrained by medical professionalism, and to prevent and respond effectively to organizational dysfunction. The professional responsibility model guides physician leaders by proving an explicit "tool kit" to complement managerial skills. Copyright © 2013 Mosby, Inc. All rights reserved.

  10. Strict Liability as a Deterrent in Toxic Waste Management: Empirical Evidence from Accident and Spill Data


    Austin, David; Alberini, Anna


    This paper explores the issue of whether strict liability imposed on polluters has served to reduce uncontrolled releases of toxics into the environment. Strict liability should create additional incentives for firms to handle hazardous substances more carefully, thus reducing the future likelihood of uncontrolled releases of toxics. However, the size of these incentives may vary according to the size of a firm's assets, since asset size is the ultimate limit on a firm's liability. We are the...



    Stefania-Alina DUMITRACHE


    According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to c...

  12. Liability of Legal Person in Indonesia: A Statutory and Practical Review

    Directory of Open Access Journals (Sweden)

    Yetty Komalasari Dewi


    Full Text Available Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

  13. Assessment of the Abuse Liability of Synthetic Cannabinoid Agonists JWH-030, JWH-175, and JWH-176


    Tampus, Reinholdgher; Yoon, Seong Shoon; de la Pe?a, June Bryan; Botanas, Chrislean Jun; Kim, Hee Jin; Seo, Joung-Wook; Jeong, Eun Ju; Jang, Choon Gon; Cheong, Jae Hoon


    The emergence and use of synthetic cannabinoids have greatly increased in recent years. These substances are easily dispensed over the internet and on the streets. Some synthetic cannabinoids were shown to have abuse liability and were subsequently regulated by authorities. However, there are compounds that are still not regulated probably due to the lack of abuse liability studies. In the present study, we assessed the abuse liability of three synthetic cannabinoids, namely JWH-030, JWH-175,...

  14. Regulating regulators through liability
    The case for applying normal tort rules to supervisors

    Directory of Open Access Journals (Sweden)

    Ivo Giesen


    Full Text Available This article claims that liability of supervisors, given the arguments in favour and against liability, should be treated as a regular form of civil law liability (either in tort or contract. The rules regarding the existence and content of the duty of care are well equipped to deal with that topic fairly and justly, thus preventing undesirable or unreasonable outcomes. There is no sufficiently compelling reason to deviate from these generally applied rules or to accept immunity for supervisors. The system of tort law is well capable of avoiding the award of too much compensation too fast, as the conditions for liability are not easily fulfilled.

  15. [The state and health insurance]. (United States)

    Lagrave, Michel


    The relationship between the State and the health insurance passes through an institutional and financial crisis, leading the government to decide a new governance of the health care system and of the health insurance. The onset of the institutional crisis is the consequence of the confusion of the roles played by the State and the social partners. The social democracy installed by the French plan in 1945 and the autonomy of management of the health insurance established by the 1967 ordinances have failed. The administration parity (union and MEDEF) flew into pieces. The State had to step in by failing. The light is put on the financial crisis by the evolution of ONDAM (National Objective of the Health Insurance Expenses) which appears in the yearly law financing Social Security. The drift of the real expenses as compared to the passed ONDAM bill is constant and worsening. The question of reform includes the link between social democracy to be restored (social partners) and political democracy (Parliament and Government) to establish a contractual democracy. The Government made the announcement of an ONDAM sincere and medically oriented, based on tools agreed upon by all parties. The region could become a regulating step involving a regional health council. An accounting magistrate would be needed to consider not only the legal aspect but to include economic fallouts of health insurance. The role and the missions of the Social Security Accounting Committee should be reinforced.

  16. The Doctor Has Apologised. Will I Now Get Compensation for my Injuries? Myth and Reality in Apologies and Liability

    Directory of Open Access Journals (Sweden)

    Andrea Zwart-Hink


    Full Text Available Although in the Netherlands, like in many other jurisdictions, healthcare providers are expected to be open and honest to their patients and to apologise for any medical mistakes, in practice they are still not always completely open about mistakes that have been made. It is often assumed that healthcare providers’ liability insurers do not allow them to apologise, and indeed that making certain statements, such as offering apologies, can constitute an admission of liability. This assumption is one of the reasons why literature has suggested that it is sensible, from a legal perspective, to exercise caution when offering apologies. This paper argues that this suggestion is both socially undesirable and not substantiated in lawAunque se supone que en los Países Bajos, como en muchas otras jurisdicciones, los profesionales de la salud deben ser transparentes y honestos con sus pacientes, y disculparse por cualquier error médico, en la práctica todavía no son siempre completamente transparentes con sus errores. A menudo se asume que las aseguradoras de responsabilidad médica no les permiten disculparse, y que realmente realizar algunas afirmaciones, como pedir disculpas, puede constituir una admisión de responsabilidad. Esta asunción es una de las razones por las que la literatura ha sugerido que es sensato, desde una perspectiva legal, ser cauteloso al ofrecer disculpas. Este artículo defiende que esta sugerencia es indeseable desde el punto de vista social, y tampoco se sustenta en el derecho.DOWNLOAD THIS PAPER FROM SSRN:

  17. Forensic evaluation of medical liability cases in general surgery. (United States)

    Moreira, H; Magalhães, T; Dinis-Oliveira, Rj; Taveira-Gomes, A


    Although medical liability (disciplinary, civil and criminal) is increasingly becoming an issue, few studies exist, particularly from the perspective of forensic science, which demonstrate the extent to which medical malpractice occurs, or when it does, the reasons for it. Our aims were to evaluate the current situation concerning medical liability in general surgery (GS) in Portugal, the reasons for claims, and the forensic evaluations and conclusions, as well as the association between these issues and the judicial outcomes. We analysed the Medico-Legal Council (CML) reports of the National Institute of Legal Medicine and Forensic Sciences of Portugal related to GS during 2001-2010. The judicial outcomes of each case were requested from the Public Prosecutor Office (PPO) and the court. Alleged cases of medical liability in GS represented 11.2% of the total cases analysed by the CML. We estimated that in Portugal, 4:100,000 surgeries are subject to litigation. The majority of complaints were due to the patient's death (75.4%), with laparoscopic cholecystectomy surgeries representing 55.2% of cases. In 76.1% of the cases, the CML believed that there was no violation of legesartis and in 55.2% of cases, no causal nexus was found between the medical practice and the alleged harm. The PPO prosecuted physicians in 6.4% of the cases and resulted in one conviction. Finally, the importance of the CML reports as a relevant technical-scientific tool for judicial decision was evident because these reports significantly (p prosecutor's decision, whether to prosecute or not. © The Author(s) 2013 Reprints and permissions:

  18. Electronic cigarettes: abuse liability, topography and subjective effects (United States)

    Evans, Sarah E; Hoffman, Allison C


    Objective To review the available evidence evaluating the abuse liability, topography, subjective effects, craving and withdrawal suppression associated with e-cigarette use in order to identify information gaps and provide recommendations for future research. Methods Literature searches were conducted between October 2012 and January 2014 using five electronic databases. Studies were included in this review if they were peer-reviewed scientific journal articles evaluating clinical laboratory studies, national surveys or content analyses. Results A total of 15 peer-reviewed articles regarding behavioural use and effects of e-cigarettes published between 2010 and 2014 were included in this review. Abuse liability studies are limited in their generalisability. Topography (consumption behaviour) studies found that, compared with traditional cigarettes, e-cigarette average puff duration was significantly longer, and e-cigarette use required stronger suction. Data on e-cigarette subjective effects (such as anxiety, restlessness, concentration, alertness and satisfaction) and withdrawal suppression are limited and inconsistent. In general, study data should be interpreted with caution, given limitations associated with comparisons of novel and usual products, as well as the possible effects associated with subjects’ previous experience/inexperience with e-cigarettes. Conclusions Currently, very limited information is available on abuse liability, topography and subjective effects of e-cigarettes. Opportunities to examine extended e-cigarette use in a variety of settings with experienced e-cigarette users would help to more fully assess topography as well as behavioural and subjective outcomes. In addition, assessment of ‘real-world’ use, including amount and timing of use and responses to use, would clarify behavioural profiles and potential adverse health effects. PMID:24732159

  19. Business Cycle Dependent Unemployment Insurance

    DEFF Research Database (Denmark)

    Andersen, Torben M.; Svarer, Michael

    The consequences of business cycle contingencies in unemployment insurance systems are considered in a search-matching model allowing for shifts between "good" and "bad" states of nature. We show that not only is there an insurance argument for such contingencies, but there may also be an incentive...... argument. Since benefits may be less distortionary in a recession than a boom, it follows that counter-cyclical benefits reduce average distortions compared to state independent benefits. We show that optimal (utilitarian) benefits are counter-cyclical and may reduce the structural (average) unemployment...... rate, although the variability of unemployment may increase....

  20. Unemployment duration and unemployment insurance

    DEFF Research Database (Denmark)

    Røed, Knut; Jensen, Peter; Thoursie, Anna


    Based on pooled register data from Norway and Sweden, we find that differences in unemployment duration patterns reflect dissimilarities in unemployment insurance (UI) systems in a way that convincingly establishes the link between economic incentives and job search behaviour. Specifically, UI...... benefits are relatively more generous for low-income workers in Sweden than in Norway, leading to relatively longer unemployment spells for low-income workers in Sweden. Based on the between-countries variation in replacement ratios, we find that the elasticity of the outflow rate from insured unemployment...

  1. [Biodiversity and civil liability: the role of assessment]. (United States)

    Boutonnet, Mathilde


    The purpose of this paper is to make the link between expertise and biodiversity through the civil liability Law. Indeed, since Erika Case (Cour de Cassation, Crim. 25 septembre 2012), this Law recognised the ecological damage. This one is defined as an damage caused to Nature and especially Biodiversity. Thus, the expertise has to play a major role. In this paper, two roles are studied: first all all, the expertise allows to assess the damage of Biodiversity itself, to define and to prove it. Secondly, the expertise is an instrument which is very important for prescribing the measures of compensation, in kind or pecuniary compensation.


    Directory of Open Access Journals (Sweden)

    Vitaly Stepashin


    Full Text Available УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1 By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2 Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3 Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4 The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility, and in a simplified manner. 5 Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6 Customization repression (in fact – of criminal responsibility in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough

  3. Internet in the workplace: censorship, liability, and freedom of speech. (United States)

    Sherwill-Navarro, P


    Most hospital medical libraries are supported by private, corporate funds and thus fall under the corporation's policies in regard to discrimination, harassment, and sexual harassment. With the free flow of information available on the Internet and through e-mail, it is mandatory to create a corporate policy for appropriate use and review of materials. Access to "questionable" or inappropriate Internet sites is not a freedom of speech issue in a private corporation; it is a potential liability for the corporation, the library, and the librarian. It is also a misuse of company resources.

  4. Economic analysis of the principles of liability in tort in the backdrop of liability for compensation for damage occurring as a result of the activities of one entity to the goods of another entity

    National Research Council Canada - National Science Library

    Kuźmicka-Sulikowska, Joanna


    ... of the activities of one entity borne in the goods of another. Lack of liability situations are treated in some detail as well as liability based on the principle of risk and the principle of fault...


    Directory of Open Access Journals (Sweden)

    Bykovskaya Julia Viktorovna


    Full Text Available A key focus of the modernization of the law-enforcement bodies is to increase the effectiveness of law enforcement activity. Addressing these issues is possible with improving the mechanisms of formation and implementation of social policy in the Ministry of Internal Affairs of Russia, in particular concerning social insurance of employees. World experience shows that the system of social insurance - this is one of the major institutions of social policy in a market economy, called to provide the realization of the constitutional right to maintenance in certain cases. The mechanism of compulsory social insurance for employees of law-enforcement bodies has its own characteristics, which consist in objects and subjects of insurance, types of insurance claims, the insurance payments and social security contributions, the financial mechanisms of formation of insurance resources and funding, insurance payments. There are now also developing a program of voluntary social insurance. The practice of foreign countries shows that access to voluntary insurance for citizens at risk is virtually nonexistent. These categories of people are employees of the «power» structures whose professional activity is often associated with the risk to life and health, and that due to the specific service limited opportunities to obtain additional income. Obviously, in the respect of law enforcement officers is a priority system of the state compulsory insurance. The development of this system should move towards improving the legal regulation of the mechanisms of formation and implementation of state personal insurance for employees and improving the mechanisms of choice of insurer.

  6. The association of generation status and health insurance among U.S. children. (United States)

    BeLue, Rhonda; Miranda, Patricia Y; Elewonibi, Bilikisu Reni; Hillemeier, Marianne M


    The Patient Protection and Affordable Care Act (ACA) has the potential to reduce the number of uninsured children in the United States by as much as 40%. The extent to which immigrant families are aware of and interested in obtaining insurance for their children is unclear. Data from the 2011-2012 National Survey of Children's Health were analyzed to examine differences by immigrant generational status in awareness of children's health insurance options. Adjusted odds ratios (AORs) were calculated for each outcome variable that showed statistical significance by generation status. Barriers to obtaining insurance for children in immigrant (first- and second-generation) families include awareness of and experience with various health insurance options, perceived costs and benefits of insurance, structural/policy restrictions on eligibility, and lower likelihood of working in large organizations that offer employee insurance coverage. Although noncitizen immigrants are not covered by ACA insurance expansions, only 38% of first-generation families report being uninsured because of the inability to meet citizenship requirements. Most families in this sample also worked for employers with employees, making them less likely to benefit from expansions in employer-based insurance. In multivariate analyses, third-generation families have increased odds of knowing how to enroll in health insurance (AOR 7.1 [3.6-13.0]) and knowing where to find insurance information (AOR 7.7 [3.8-15.4]) compared with first-generation families. ACA navigators and health services professionals should be aware of potential unique challenges to helping immigrant families negotiate Medicaid expansions and state and federal exchanges. Copyright © 2014 by the American Academy of Pediatrics.

  7. CERN Health Insurance Scheme (CHIS): Monthly Contributions for 2016

    CERN Multimedia

    HR Department


    For 2016, the contribution rate for active and retired CHIS members will be 4.86%. The amounts of the fixed contributions for voluntarily insured members (e.g. users and other associates), as well as the supplementary contributions for spouses with income from a professional activity or with a retirement pension (including a CERN pension), are thus as follows:   1. Voluntary contributions The full contribution based on Reference Salary II is 1218 CHF per month. This fixed contribution is applied to voluntarily affiliated users and other associates with normal coverage. Half of this amount, 609 CHF, is applied to voluntarily affiliated users and other associates with reduced coverage. Finally, an amount of 487 CHF is applied to children maintaining their insurance cover on a voluntary and temporary basis. 2. Supplementary contributions The supplementary contribution for the spouse or registered partner of a staff member, fellow or pensioner is now as follows, according to the spouse’s month...

  8. Professional Synergy. (United States)

    Harris, P. R.


    True professionals develop and create together a better future by their human endeavors in synergy. They must operate comfortably in two cultures--the industrial culture which is disappearing, and the superindustrial or cyberculture which is emerging. (CT)

  9. Pre-Existing Condition Insurance Plan Data (United States)

    U.S. Department of Health & Human Services — The Affordable Care Act created the new Pre-Existing Condition Insurance Plan (PCIP) program to make health insurance available to Americans denied coverage by...

  10. Insurance Finder Tool (United States)

    U.S. Department of Health & Human Services — This tool will help you find the health insurance best suited to your needs, whether its private insurance for individuals, families, and small businesses, or public...

  11. How to Shop for Health Insurance (United States)

    ... Complications of Diabetes How to Shop for Health Insurance KidsHealth > For Parents > How to Shop for Health ... your needs. When Can I Start Using My Insurance? Once you've signed up for a plan ...

  12. Health Insurance Marketplace Public Use Files (United States)

    U.S. Department of Health & Human Services — A set of seven (7) public use files containing information on health insurance issuers participating in the Health Insurance Marketplace and certified qualified...

  13. Essence and role of insurance sales management


    N. Karlova


    Planning, organization, motivation and control as constituents of insurance products sales management process were considered in the article. Its important role in provision of financial reliability and paying capacity of insurance companies was demonstrated.

  14. A Note on Health Insurance and Growth


    Bräuninger, Michael


    This paper compares public health care with private health insurance in an over- lapping generations endogenous growth model.It is shown that economic growth is higher when there is a private health insurance.

  15. Consumer price sensitivity in Dutch health insurance. (United States)

    van Dijk, Machiel; Pomp, Marc; Douven, Rudy; Laske-Aldershof, Trea; Schut, Erik; de Boer, Willem; de Boo, Anne


    To estimate the price sensitivity of consumer choice of health insurance firm. Using paneldata of the flows of insured between pairs of Dutch sickness funds during the period 1993-2002, we estimate the sensitivity of these flows to differences in insurance premium. The price elasticity of residual demand for health insurance was low during the period 1993-2002, confirming earlier findings based on annual changes in market share. We find small but significant elasticities for basic insurance but insignificant elasticities for supplementary insurance. Young enrollees are more price sensitive than older enrollees. Competition was weak in the market for health insurance during the period under study. For the market-based reforms that are currently under way, this implies that measures to promote competition in the health insurance industry may be needed.


    Directory of Open Access Journals (Sweden)

    Sorin Fildan


    Full Text Available The transition process which Romanian commercial law underwent has affected both the term of ‘trader’, by redefining it, and the classification of professional categories. Currently, the term of ‘professional’ is conveyed by a descriptive listing of the categories of persons it comprises: traders, entrepreneurs, business operators, as well as any other person authorized to carry out economic or professional activities.


    Directory of Open Access Journals (Sweden)

    H Hamidah


    Full Text Available Generally, company wants to optimize its profit. Properly manage the asset management, liability management and asset liability management can provide value added profits for the company. A sample of research consists of 18 banking companies listed at Indonesia Stock Exchange (IDX during the 2005-2009. This research investigate the relationship net loans/total earning assets (NLA, non performing loan (NPL, liabilities/total assets (LA, equity/total assets (EA, net interest margin (NIM, loan to deposite ratio (LDR on economic value added (EVA. The research use regression of panel data. The result show that net loans/total earning assets (NLA, liabilities/total assets (LA, equity/total assets (EA, net interest margin (NIM, loan to deposite ratio (LDR are have significant effect on economic value added (EVA but non performing loan (NPL.

  18. Private Information and Insurance Rejections. (United States)

    Hendren, Nathaniel


    Across a wide set of non-group insurance markets, applicants are rejected based on observable, often high-risk, characteristics. This paper argues that private information, held by the potential applicant pool, explains rejections. I formulate this argument by developing and testing a model in which agents may have private information about their risk. I first derive a new no-trade result that theoretically explains how private information could cause rejections. I then develop a new empirical methodology to test whether this no-trade condition can explain rejections. The methodology uses subjective probability elicitations as noisy measures of agents beliefs. I apply this approach to three non-group markets: long-term care, disability, and life insurance. Consistent with the predictions of the theory, in all three settings I find significant amounts of private information held by those who would be rejected; I find generally more private information for those who would be rejected relative to those who can purchase insurance; and I show it is enough private information to explain a complete absence of trade for those who would be rejected. The results suggest private information prevents the existence of large segments of these three major insurance markets.

  19. Hypothetical Insurance and Higher Education (United States)

    Colburn, Ben; Lazenby, Hugh


    What level of government subsidy of higher education is justified, in what form, and for what reasons? We answer these questions by applying the hypothetical insurance approach, originally developed by Ronald Dworkin in his work on distributive justice. On this approach, when asking how to fund and deliver public services in a particular domain,…

  20. Monopoly Insurance and Endogenous Information

    DEFF Research Database (Denmark)

    Lagerlöf, Johan N. M.; Schottmüller, Christoph


    We study a monopoly insurance model with endogenous information acquisi- tion. Through a continuous effort choice, consumers can determine the precision of a privately observed signal that is informative about their accident risk. The equilibrium effort is, depending on parameter values, either...

  1. Dynamic Insurance and Adverse Selection

    NARCIS (Netherlands)

    M.C.W. Janssen (Maarten); V.A. Karamychev (Vladimir)


    textabstractWe take a dynamic perspective on insurance markets under adverse selection and study a generalized Rothschild and Stiglitz model where agents may differ with respect to the accidental probability and their expenditure levels in case an accident occurs. We investigate the nature of

  2. Supply contract and portfolio insurance (United States)

    Runsheng Yin; Bob Izlar


    The long-term growth of institutional timberland investments depends on the ability of timberland investment management organizations (TIMO) to deal effectively with securitization, leveraging, arbitraging, supply contracting, portfolio insurance, tax efficiency enhancement, and other issues. Financial engineering holds great promise for many of these issues. This...

  3. ECHR rules on liability of ISPs as a restriction of freedom of speech

    NARCIS (Netherlands)

    Husovec, Martin


    The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on

  4. School District Liability for Federal Civil Rights Violations under Section 1983. (United States)

    Sorenson, Gail Paulus


    Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

  5. Liability for Sexual Harassment Involving Students under Federal Civil Rights Law. (United States)

    Beckham, Joseph


    Discusses school district liability for sexual harassment under two provisions of federal law that are typically invoked as alternative bases for liability for sexual harassment: Title IX of the Education Amendments of 1972 and Section 1983 of the Civil Rights Act of 1964. (78 footnotes) (MLF)

  6. 47 CFR 32.3999 - Instructions for balance sheet accounts-liabilities and stockholders' equity. (United States)


    ...-liabilities and stockholders' equity. 32.3999 Section 32.3999 Telecommunication FEDERAL COMMUNICATIONS... stockholders' equity. Liabilities and Stockholders' Equity Accounts To Be Maintained by Class A and Class B... equity: Capital stock 4510 4510 Additional paid-in capital 4520 4520 Treasury stock 4530 4530 Other...

  7. 18 CFR 367.101 - Accounts 231-243, Current and accrued liabilities. (United States)


    ... obligations which must be classified as long-term debt until date of maturity; accrued taxes, such as income..., Current and accrued liabilities. 367.101 Section 367.101 Conservation of Power and Water Resources FEDERAL... NATURAL GAS ACT Special Instructions § 367.101 Accounts 231-243, Current and accrued liabilities. Current...

  8. 17 CFR 232.103 - Liability for transmission errors or omissions in documents filed via EDGAR. (United States)


    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Liability for transmission errors or omissions in documents filed via EDGAR. 232.103 Section 232.103 Commodity and Securities... documents filed via EDGAR. An electronic filer shall not be subject to the liability and anti-fraud...

  9. Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe

    NARCIS (Netherlands)

    van der Sloot, B.


    In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a

  10. Article 28 of the ICC Statute: Mode of Liability and/or Separate Offense?

    NARCIS (Netherlands)

    van Sliedregt, E.


    Article 28 of the ICC Statute encapsulates the concept of command or superior responsibility. This is a complex and multilayered concept of liability. It is, on the one hand, a mode of liability, and, on the other hand, a separate offense. It is noteworthy that certain national laws recognize the

  11. The Limits of Responsibility: Liability for Damage in the Deep Seabed?

    NARCIS (Netherlands)

    Plakokefalos, I.


    This contribution seeks to discuss the limits of state responsibility as they are witnessed in the topic of international liability. The first part addresses the intersection between responsibility and liability using as a reference point the work of the International Law Commission. The second part

  12. 38 CFR 17.277 - Third-party liability/medical care cost recovery. (United States)


    .../medical care cost recovery. 17.277 Section 17.277 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF...)-Medical Care for Survivors and Dependents of Certain Veterans § 17.277 Third-party liability/medical care cost recovery. The Center will actively pursue third-party liability/medical care cost recovery in...

  13. Introduction to insurance mathematics technical and financial features of risk transfers

    CERN Document Server

    Olivieri, Annamaria


    This second edition expands the first chapters, which focus on the approach to risk management issues discussed in the first edition, to offer readers a better understanding of the risk management process and the relevant quantitative phases. In the following chapters the book examines life insurance, non-life insurance and pension plans, presenting the technical and financial aspects of risk transfers and insurance without the use of complex mathematical tools.   The book is written in a comprehensible style making it easily accessible to advanced undergraduate and graduate students in Economics, Business and Finance, as well as undergraduate students in Mathematics who intend starting on an actuarial qualification path. With the systematic inclusion of practical topics, professionals will find this text useful when working in insurance and pension related areas, where investments, risk analysis and financial reporting play a major role.



    Turvey, Calum G.


    This paper investigates the use of rainfall insurance to manage agricultural production risks. A number of rainfall insurance products are presented along with a raitonal model which identifies the economics of rainfall. The use of rainfall insurance will increase in future years as capital markets, financial institutions, reinsurance companies, crop insurance companies, and hedge funds collectively organize to share and distribute weather risks. The focus of this paper is in fact directed to...

  15. Comparative analysis of international environmental liability arising from maritime accident

    Energy Technology Data Exchange (ETDEWEB)

    Pereira, Luciana Vianna; Victorio, Glaucia Lima [Trench, Rossi e Watanabe Advogados, Rio de Janeiro, RJ (Brazil)


    The oil industry is dynamic and global, being performed worldwide and by investors from several countries. In this sense, it is essential for investors to be informed of the legal frameworks in target countries and the differences between the legislation in those countries and their own legal systems. In this article, we will analyze the main differences on the environmental liability in Brazil, which is, currently, one of the most attractive markets in the oil and gas industry, the United States of America (US), the largest consumer of oil and the third producer around the world; and the European Union (EU) which concentrates the second largest global consumer, besides being the main player in the international and diplomatic relationships. Thus, the present paper, without the intent to exhaust the subject matter, aims at presenting comparisons between the legal environment of the three main players in the international oil and gas scenario, specifying not only the legal aspects of each of them, but also outlining the economic impacts generated over business investors from the oil industry, determining that although the differences in the basis of legal framework, all players have presented the liability and the duty to compensate. (author)

  16. The Company Director’s Liability for Untrue Statements

    Directory of Open Access Journals (Sweden)

    Tolstov Leonid


    Full Text Available In the modern information society the success or failure of a person participating in activities related to legal issues depends increasingly more on the relevance and correctness of available information and this is why higher demands are put on giving out information. In the context of company law it is evident that although the company is always liable for the information issued, in reality it is not the legal person giving out information, but its legal representative (the director instead. Therefore, it would be reasonable to ask whether the director could simply hide behind the company; or, should the director also be held personally liable for disclosing untrue statements? The aim of this article is, on the basis of English, German, Spanish and Estonian law, to analyze if and in which cases a director can be held personally liable for disclosing false information to a third party in the name of a company and what the optimal standard of a directors’ liability for disclosing false information could be. The liability of the company itself is not the current article’s object of the research.


    Directory of Open Access Journals (Sweden)



    Full Text Available In order to discuss about tort liability, several conditions need to exist: the illicit act, damage, causal link between the illicit act and damage, and last but not least, illicit offender fault. Thus, the damage is a sine qua non condition of tort liability, the illicit act being necessary but insufficient for its employment. Damage was defined as the harmful result, with a patrimonial or a non patrimonial nature, a result of violations of subjective rights and legitimate interests of an individual. It is known that the patrimonial damage does not present special discussions, but in terms of non patrimonial damage is required to be made a few observations. In the expression of environmental damage caused by pollution, it is used phrases like "environmental damage" or "environmental prejudice" including both the damages suffered by the natural environment through pollution as well as those incurred by the person or property, other than those in natural environment. In this paper we propose to analyze the environmental damage with special attention on the non patrimonial damage, both theoretically, but also in terms of jurisprudence.

  18. Familial Liability to Epilepsy and Attention-Deficit/Hyperactivity Disorder

    DEFF Research Database (Denmark)

    Brikell, Isabell; Ghirardi, Laura; D'Onofrio, Brian M


    BACKGROUND: Epilepsy and attention-deficit/hyperactivity disorder (ADHD) are strongly associated; however, the underlying factors contributing to their co-occurrence remain unclear. A shared genetic liability has been proposed as one possible mechanism. Therefore, our goal in this study was to in......BACKGROUND: Epilepsy and attention-deficit/hyperactivity disorder (ADHD) are strongly associated; however, the underlying factors contributing to their co-occurrence remain unclear. A shared genetic liability has been proposed as one possible mechanism. Therefore, our goal in this study...... was to investigate the familial coaggregation of epilepsy and ADHD and to estimate the contribution of genetic and environmental risk factors to their co-occurrence. METHODS: We identified 1,899,654 individuals born between 1987 and 2006 via national Swedish registers and linked each individual to his or her...... biological relatives. We used logistic regression to estimate the association between epilepsy and ADHD within individual and across relatives. Quantitative genetic modeling was used to decompose the cross-disorder covariance into genetic and environmental factors. RESULTS: Individuals with epilepsy had...

  19. 77 FR 28343 - Insurer Reporting Requirements; List of Insurers Required To File Reports (United States)


    ..., Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey Avenue SE., Washington, DC 20590, by... several ways: a. Mail: Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs... Insurance Group American Family Insurance Group Auto Club Enterprise Insurance Group Auto-Owners Insurance...

  20. 41 CFR 60-300.25 - Health insurance, life insurance and other benefit plans. (United States)


    ... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true Health insurance, life... VETERANS, AND ARMED FORCES SERVICE MEDAL VETERANS Discrimination Prohibited § 60-300.25 Health insurance, life insurance and other benefit plans. (a) An insurer, hospital, or medical service company, health...

  1. 41 CFR 60-250.25 - Health insurance, life insurance and other benefit plans. (United States)


    ... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true Health insurance, life... SEPARATED VETERANS, AND OTHER PROTECTED VETERANS Discrimination Prohibited § 60-250.25 Health insurance, life insurance and other benefit plans. (a) An insurer, hospital, or medical service company, health...

  2. 76 FR 71624 - Agency Information Collection (Claim for Disability Insurance Benefits, Government Life Insurance... (United States)


    ... AFFAIRS Agency Information Collection (Claim for Disability Insurance Benefits, Government Life Insurance... No. 2900-0016.'' SUPPLEMENTARY INFORMATION: Title: Claim for Disability Insurance Benefits, Government Life Insurance, VA Form 29-357. OMB Control Number: 2900-0016. Type of Review: Extension of a...

  3. 76 FR 4201 - Common Crop Insurance Regulations, Macadamia Nut Crop Insurance Provisions; Correction (United States)


    ... / Tuesday, January 25, 2011 / Rules and Regulations#0;#0; ] DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AB96 Common Crop Insurance Regulations, Macadamia Nut Crop Insurance Provisions; Correction AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Correcting amendment...

  4. 78 FR 22411 - Common Crop Insurance Regulations; Florida Citrus Fruit Crop Insurance Provisions; Correction (United States)


    ... / Tuesday, April 16, 2013 / Rules and Regulations#0;#0; ] DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC39 Common Crop Insurance Regulations; Florida Citrus Fruit Crop Insurance Provisions; Correction AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Final rule...

  5. 76 FR 70510 - Federal Employees' Group Life Insurance Program: New Federal Employees' Group Life Insurance... (United States)


    ... MANAGEMENT Federal Employees' Group Life Insurance Program: New Federal Employees' Group Life Insurance... Management (OPM) is announcing changes in premiums for certain Federal ] Employees' Group Life Insurance... bands), and Post-Retirement Basic Insurance. These rates will be effective the first pay period...

  6. 20 CFR 617.58 - Unemployment insurance. (United States)


    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Unemployment insurance. 617.58 Section 617.58 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR TRADE ADJUSTMENT ASSISTANCE... Unemployment insurance. Unemployment insurance payable to an adversely affected worker shall not be denied or...

  7. 75 FR 80367 - Share Insurance and Appendix (United States)


    ... ADMINISTRATION 12 CFR Part 745 RIN 3133-AD79 Share Insurance and Appendix AGENCY: National Credit . Include ``[Your name] Comments on Proposed Rule 745, Share Insurance and Appendix'' in the e... on PRA Collection for Proposed Rule 745, Share Insurance and Appendix'' in the e-mail subject line...

  8. Health Insurance and Managed Care in Nigeria

    African Journals Online (AJOL)

    Total Health Trust, . Health Maintenance Organzation. 2, Marconi Road, Palmgrove Estate, Lagos,. Nigeria. E-mail: awosika(G) total health INSURANCE. Insurance is ... Health Insurance is a social device for pooling the health risks and costs .... The Mixed model HMOs share group and staff model characteristics.

  9. The Normative Foundations of (Social) Insurance

    DEFF Research Database (Denmark)

    Landes, Xavier

    Insurance mechanisms are prevalent in industrialized societies, in both public and private sectors. Insurance is offered for various risks ranging from fire to accident. They also constitute the core of the modern welfare state (public health insurance, unemployment benefits and public pensions)....

  10. Working with an Insurance Market in Turmoil. (United States)

    Boggs, Ronald R.


    Outlines specific ways for schools to react to insurance premium increases and new coverage restrictions. Suggests such options as buying less insurance, considering larger retentions,and starting pooling programs, and discusses other non-traditional approaches to conventional insurance programs. (MD)

  11. 24 CFR 266.612 - Insurance endorsement. (United States)


    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Insurance endorsement. 266.612... Rights and Obligations Insurance Endorsement § 266.612 Insurance endorsement. (a) Initial endorsement... instrument. (b) Final endorsement. When all advances of mortgage proceeds have been made and all other...

  12. 24 CFR 200.100 - Insurance endorsement. (United States)


    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Insurance endorsement. 200.100... Endorsement Generally Applicable to Multifamily and Health Care Facility Mortgage Insurance Programs; and Continuing Eligibility Requirements for Existing Projects Endorsement § 200.100 Insurance endorsement. The...

  13. 24 CFR 241.1245 - Insurance endorsement. (United States)


    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Insurance endorsement. 241.1245... Rights and Obligations § 241.1245 Insurance endorsement. (a) Endorsement. The Commissioner shall indicate... insurance. (b) Endorsement of phased loan. In the event the loan is phased, the Commissioner shall indicate...


    Directory of Open Access Journals (Sweden)

    N. Prikazyuk


    Full Text Available The role of the Internet in the implementation of insurance products is investigated. It is founded the Internet in insurance performs presentable and realizable function. The benefits of using Internet technologies for business of insurance market are determined.

  15. 3 CFR - State Children's Health Insurance Program (United States)


    ... 3 The President 1 2010-01-01 2010-01-01 false State Children's Health Insurance Program... Insurance Program Memorandum for the Secretary of Health and Human Services The State Children's Health Insurance Program (SCHIP) encourages States to provide health coverage for uninsured children in families...

  16. 76 FR 7767 - Student Health Insurance Coverage (United States)


    ... HUMAN SERVICES 45 CFR Parts 144 and 147 RIN 0950-AA20 Student Health Insurance Coverage AGENCY: Centers... proposed regulation that would establish rules for student health insurance coverage under the Public Health Service Act and the Affordable Care Act. The proposed rule would define ``student health insurance...

  17. 78 FR 14034 - Health Insurance Providers Fee (United States)


    ... Internal Revenue Service 26 CFR Part 57 RIN 1545-BL20 Health Insurance Providers Fee AGENCY: Internal... covered entities engaged in the business of providing health insurance for United States health risks... regulations affect persons engaged in the business of providing health insurance for United States health...

  18. 17 CFR 256.924 - Property insurance. (United States)


    ... 17 Commodity and Securities Exchanges 3 2010-04-01 2010-04-01 false Property insurance. 256.924... COMPANY ACT OF 1935 2. Expense § 256.924 Property insurance. (a) This account shall include the cost of insurance premiums to protect the service company against losses and damages to owned or leased property...

  19. 78 FR 71726 - Comment Request; Insurance Survey (United States)


    ... AFFAIRS Comment Request; Insurance Survey AGENCY: Veterans Benefits Administration, Department of Veterans... this notice. This notice solicits comments on information needed to determine how well the Insurance... use of other forms of information technology. Title: Insurance Survey. OMB Control Number: 2900-0771...

  20. 48 CFR 970.2803 - Insurance. (United States)


    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Insurance. 970.2803 Section 970.2803 Federal Acquisition Regulations System DEPARTMENT OF ENERGY AGENCY SUPPLEMENTARY REGULATIONS DOE MANAGEMENT AND OPERATING CONTRACTS Bonds and Insurance 970.2803 Insurance. ...