Insurance Law

Health Law by ilradminDecember 21, 2020

SO YOU WANT TO START A HEALTH PLAN?: FEDERAL LAWS SUPPORTING AND UNDERMINING THE CREATION OF PSHPs

MATTHEW D. REED, J.D., 2020, Indiana University Robert H. McKinney School of Law; B.A. 2017, Olivet Nazarene University—Bourbonnais, Illinois. The United States spends nearly twice as much on healthcare per capita than any other developed country, without providing better patient care. Healthcare quality and affordability continue to be two of the biggest concerns for Americans. Public and private […]

Legislature by ilradminJune 18, 2020

LEGISLATIVE STRATEGIES FOR ENCOURAGING ORGAN DONATION: PROVIDING PROTECTION AND INCENTIVES TO LIVING ORGAN DONORS

ANNIE HILLS J.D., MAY 2020, Indiana University Robert H. McKinney School of Law. An organ isn’t the only thing you will lose if you become a living organ donor. A recent study found that more than a third of living kidney donors reported lost wages in the first year following donation. Tim Nagel of Wisconsin […]

Criminal Law & Procedure by ilradminJune 3, 2020June 3, 2020

Coronavirus and Mass Incarceration: Why Inmates Are Safer in Prison

MICHAEL CONKLIN, Powell Endowed Professor of Business Law, Angelo State University – San Angelo, Texas Anti-mass-incarceration advocates are using the coronavirus epidemic to argue for the early release of inmates.[1] Class action lawsuits on behalf of inmates include accusations of “deliberate indifference to the severe and obvious risk of rampant infection and death that COVID-19 […]

Law School by ilradminSeptember 19, 2019

LAST LINE OF DEFENSE: HOW INDIANA CAN ENCOURAGE NALOXONE AVAILABILITY DURING ITS OPIOID CRISIS

JOHN MILLIKAN J.D. Candidate, 2019, Indiana University Robert H. McKinney School of Law; B.A. 2009, Anderson University. In fall 2009, Lawrence North sophomore Aaron Sims spent Friday nights as a promising young quarterback for his Indianapolis high school football team, bracing for his chance in the coming year to be the team’s starter. Less than […]

Health Law by ilradminJanuary 17, 2018January 18, 2018

(Implicit) Consent to Intimacy

There is convincing evidence that persons in nursing homes, even persons with dementia in its later stages, benefit physically, mentally, and emotionally from close contact with loved ones, including conversation, touch, hugs and embraces, kissing, and sex. Nevertheless, nursing homes often discourage ongoing intimate relationships because of logistical, financial, and other considerations.

Health Law by ilradminJanuary 15, 2018January 15, 2018

First Do No Harm: The Manipulation of Public Health for Non-Public Health Purposes and its Legal Consequences

At its core, public health is concerned with promoting and protecting the health of populations. However, public health has often times been used to subvert the very same goals it is designed to achieve.

Business, Commercial & Corporate Law by ilradminJanuary 8, 2018January 11, 2018

A New Twist On Remedies: Judicial Assignment of Bad Faith Contracts

Questions abound, but judicial assignment of a bad faith claim may provide a remedy to the injured third party when the tortfeasor is unwilling or unable to assign his or her rights and claims against an insurer.

Litigation by ilradminMay 7, 2015May 5, 2015

Simultaneous Death and the Indiana Wrongful Death Statute: Resolving the Ambiguities of the Statute when the Order of Death is Ambiguous

by Jon Noyes (Attorney Profile) Wilson Kehoe Winingham LLC 2859 N. Meridian St. Indianapolis, IN 46208 (317) 920-6400 wkw.com [Editor’s Note: This is the second article Jon Noyes has written for the Indiana Law Review Blog. You can find his first article here.] Indiana’s adult wrongful death statutes group individuals into two categories: (1) adults who were […]

Litigation by ilradminApril 23, 2015April 23, 2015

The Dreaded Pre-Tender Issue: Indiana Courts Should Reconsider Whether Pre-tender Costs are Recoverable

by Ryan T. Leagre (Attorney Profile) [i] Associate Plews Shadley Racher & Braun LLP 1346 N. Delaware St. Indianapolis, IN 46202-2415 (317) 637-0700 rleagre@psrb.com The ability of a policyholder to recover pre-tender costs is an evolving area of insurance coverage law. In Dreaded, Inc. v. St. Paul Guardian Insurance Company, the Indiana Supreme Court held […]

Litigation by ilradminApril 9, 2015April 9, 2015

How Corporate Transactions Can Make Liability Insurance Coverage Disappear

by Lara Langeneckert Deputy Solicitor General Office of the Indiana Attorney General lara.langeneckert@atg.in.gov Imagine you are a successful widget manufacturer, and you have just expanded your business by purchasing another widget company called Acme. In the sale, you received all of Acme’s corporate assets, including its commercial general liability (“CGL”) insurance policy [1] from Flanders Insurance. […]