Interspousal tort immunity persists de facto through the mechanism of private insurance, the article explains. Although interspousal tort immunity has been eliminated as a doctrinal matter, it endures as a reality. Liability insurance is inseparable from tort liability and drives the tort...

Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. This time period presents a crucial opportunity both for examining insurance as it relates to race...

Congress’ reforms of the National Flood Insurance Program (NFIP) in 2014 continued its misguided approach to flood insurance policy, ignoring the increased risks of floods posed by climate change and giving generous subsidies to flood-prone properties. The Article analyzes the recent reforms...

Floods are the most expensive form of natural disaster in the United States. Recent massive floods in Louisiana show the magnitude of the devastation floods can cause. Climate change and population growth are likely to lead in the coming decades to more severe, frequent, and costly floods. How...

Opponents of the Patient Protection and Affordable Care Act of 2010 assert that the ‘individual mandate’ is unprecedented, not just in the narrow and obvious sense that the federal government has never before required people to have health insurance, but in a much broader sense as well. They...