The Relationship Between Insurance and Legal Regulation: Normative, Theoretical, and Empirical Perspectives

Friday, September 19, 2014, 9 a.m. to 5 p.m.
University of California, Irvine School of Law, EDU 1131

Insurance and legal regulation are interconnected. Legislation, court decisions, and regulations impact and influence the meaning of insurance arrangements in society. The state engages in the regulation of its citizenry by setting eligibility requirements and benefit levels for social insurance. Insurance regulations across most states focus on consumer protection, solvency, licensing, rate regulation, and market regulation. While the law shapes and influences what insurance means in society, insurance also exerts a regulatory force over its subjects and acts as a form of governance beyond the state. In particular, insurance serves a gatekeeping function in society because it is a prerequisite to other activity. Insurance companies establish the underwriting criteria, standards, charge premiums and use these and other mechanisms to determine who can or cannot obtain insurance. Moreover, liability insurance acts as a form of tort regulation and in doing so, finances the civil litigation system. Thus, legal regulation impacts insurance while insurance simultaneously impacts legal regulation.

This symposium, sponsored by the UC Irvine School of Law and the UC Irvine Law Review, will bring together academics, lawyers and regulators and offer empirical, legal, normative, theoretical, and historical perspectives on the relationship between insurance and legal regulation. How does law regulate insurance? How does insurance regulate law? Leading scholars in the field of insurance law and policy will consider these questions that impact consumers, insurance companies, regulators, and society at large.

CLE credit offered.

Please check back for registration information

Confirmed Speakers

Kenneth Abraham
University of Virginia School of Law

Ronen Avraham
University of Texas at Austin School of Law

Tom Baker
University of Pennsylvania Law School

Michelle Boardman
George Mason University School of Law

Jay Feinman
Rutgers School of Law–Camden

Allison Hoffman
UCLA School of Law

David Hyman
University of Illinois College of Law

Peter Kochenburger
University of Connecticut School of Law

Kyle Logue
University of Michigan Law School

Patricia McCoy
University of Connecticut School of Law

Adam Scales
Rutgers School of Law–Camden

Daniel Schwarcz
University of Minnesota Law School

Charles Silver
University of Texas School of Law

Jeffrey Stempel
UNLV Boyd School of Law

Shauhin Talesh
UC Irvine School of Law

Jennifer Wriggins
University of Maine School of Law