Regulation 98: Muted Impact on Liability

Article Abstract:

Regulation 98 in New York set guidelines for licensed intermediaries. For the first time, the insurance department has a means for rescinding a license. Regulation 98 also, and more importantly, places great liability on intermediaries if reinsurers become insolvent. Regulation 98 does not replace common law but rather clarifies one aspect, intermediary liability, of common law. Regulation 98 allows the ceding company to assume responsibility; however common law conditions still apply. Regulation 98 does not apply when the reinsurer is authorized under New York law. A reinsurer, if authorized, is assumed to be solvent. Regulation 98's main value lies in its intent to remind intermediaries of their common law responsibilities.

Insurance industry, Insurance law

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HMO's liability cloudy in doctor's malpractice

Article Abstract:

The question of whether health maintenance organizations (HMOs) are liable for participating doctors' malpractice is far from settled. Plaintiffs argue that doctors are agents of the HMO, or at least give the impression of being agents. The Employee Retirement Income Security Act (ERISA) complicates this question. Some courts have ruled that ERISA does not pre-empt state law claims, and some more recent court decisions have gone the other way. HMOs should make it obvious on contracts with doctors and patients that doctors are not agents of HMOs.

HEALTH SERVICES, Health Maintenance Organizations, HMO Medical Centers, Management, Malpractice

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Battle over Superfund liability continues, obstacles remain

Article Abstract:

Both sides in the Superfund liability battle are seeking compromise relatively soon on the legislation to repeal some of the issues at stake. Republican legislators want to repeal multi-party liability clauses, while Democrats would like to alter the law to allow some potentially liable parties (PRP) relief from fines and responsibilities. The General Accounting Office is divided about how many PRPs can be involved at any one site.

Administration of Air and Water Resource and Solid Waste Management Programs, Pollution Control & Abatement, Reports, Pollution control, United States. Government Accountability Office, Superfund

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