FORC Journal - Vol. 23 Edition 3 - Fall 2012

With summer winding down and the Labor Day weekend just around the corner, here is the latest from your colleagues. Feel free to pass along to anyone who may be interested.

Kevin Fitzgerald, Editor

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THE FUTURE OF INSURANCE RESCISSION

By  S. David Childers, Esq., KUTAK ROCK LLP and Jennifer L. Kraham, Esq., KUTAK ROCK LLP
The term "rescission" can be generally described as the cancellation or abrogation of an agreement or contract, effective from its inception, returning the parties to the positions they would have occupied had the contract never been made.

UTAH'S FEDERAL AND STATE HIGH RISK POOLS AND THEIR INTERACTION WITH THE AFFORDABLE CARE ACT

By  Ryan R. Smart, Esq., SMART, SCHOFIELD, SHORTER & LUNCEFORD
This article will briefly explore the relationship between Utah's federal high risk pool, the Utah high risk pool, the Patient Protection and Affordable Care Act in general, and what it may portend for the health insurance market.

RHODE ISLAND'S COMMUTATION STATUTE: CONSTITUTIONAL ISSUES REMAIN OPEN

By  John J. Partridge, Esq., PARTRIDGE SNOW & HAHN LLP and Jennifer R. Cervenka, Esq., PARTRIDGE SNOW & HAHN LLP
The first of its kind in the United States, Rhode Island’s Voluntary Restructuring of Solvent Insurers Act, R.I. Gen. Laws § 27-14.5-1, (the “Restructuring Act” or the “Act”) authorizes domestic property and casualty insurers and reinsurers in run-of

INSURANCE BROKER COMPENSATION IN A PATIENT PROTECTION AND AFFORDABLE CARE ACT WORLD?

By  Brian T. Casey, Esq., LOCKE LORD LLP (404) 870-4638 and Trey Sivley, Esq., LOCKE LORD LLP
One of the key components of the Patient Protection and Affordable Care Act (“PPACA”) is the minimum medical loss ratio (“MLR”) requirement. Under PPACA, health insurance companies must spend at least 85% of their total premium revenue on clinical s

FUNERAL RELATED INSURANCE SALES IN FLORIDA

By  Wendy Russell Wiener, Esq., BROAD AND CASSEL
Florida’s demographics make it an ideal state for the sale of funeral related life insurance policies. According to data from the 2010 U.S. Census, 17.3% of Florida residents are over the age of 65 (approximately 3.3 million persons).