New Law Protects College Students' Health Insurance

When Michelle Morse was diagnosed with colon cancer at age 21 in late 2003, her doctor advised her to cut back on school during chemotherapy. But because she was covered under her mother’s insurance plan, which required her to be a full-time student, Michelle continued taking a full course load at Plymouth State University in New Hampshire, while enduring 48-hour chemotherapy infusions and harsh side effects.

Michelle died in 2005, but President Bush signed a new law named after her on October 9, 2008, granting students a one-year medical leave from school without losing dependent insurance benefits. The law goes into effect in late 2009. Michelle’s mother, AnnMarie Morse, called it “my gift to Michelle.”

Morse recalls that after a difficult day of talking with the state’s insurance department, she was told, “If you don’t like it, change the law.”

“That’s how it all started,” she says. “Someone in the New Hampshire insurance department challenged me. And my motto has been, ‘Never mess with a mom who is passionate about a cause.’ ”

Morse lobbied for the original law, passed in New Hampshire in 2006, by talking with the media, encouraging the community to call state leaders, testifying at committee meetings, and managing the Michelle’s Law website (www.michelleslaw.com).

“One New Hampshire legislator told me he has never received as much correspondence on any one bill as he did with Michelle’s Law,” Morse says. After the state law passed, Morse focused on the federal level. More than 20 organizations endorse the federal bill, including the American Cancer Society and the National Coalition for Cancer Survivorship.

We have a policy limit of $100,000. Does this mean that any medical bills, damages, legal fees, etc. that exceed that limit are my responsibility?

Your insurance company is only obligated to pay up to the policy limits in settlement or after a court judgment. However, if you actually go to trial and obtain a jury verdict over the policy limit, the defendant will personally be on the hook for the overage. Or, in rare circumstances, if your attorney makes a "policy limit demand" and the insurance company rejects the demand, then after judgment the insurance company could be on the hook to pay all of the judgment, no matter what the amount.

insurance law: an overview

In the absence of insurance, three possible individuals bear the burden of an economic loss; the individual suffering the loss; the individual causing the loss via negligence or unlawful conduct; or lastly, a particular party who has been allocated the burden by the legislature, such as employers under Workmen's Compensation statutes.

While types of insurance vary widely, their primary goal is to allocate the risks of a loss from the individual to a great number of people. Each individual pays a "premium" into a pool, from which losses are paid out. Regardless of whether the particular individual suffers the loss or not the premium is not returnable. Thus, when a building burns down, the loss is spread to the people contributing to the pool. In general, insurance companies are the safekeepers of the premiums. Because of its importance in maintaining economic stability, the government and the courts use a heavy hand in ensuring these companies are regulated and fair to the consumer.

Up until 1944, insurance was not considered "commerce" and not subject to federal regulation. But in United States v. South-Eastern Underwriters Association, the Supreme Court held that Congress could regulate insurance transactions that were truly interstate. Congress then enacted the McCarran-Ferguson Act (15 U.S.C. § 1011) which provided that the laws of the several states should control the insurance business, but that the Sherman Act, the Clayton Act, and the Federal Trade Commission Act were applicable to the insurance business to the extent that it wasunregulated by state law.

The McCarran-Ferguson Act, broadly speaking, gives states the power to regulate the insurance industry. While state insurance statutes override most federal laws, some portions of federal law (like federal tax laws) are always commanding. Therefore, when researching whether a particular law governs, a good rule of thumb is to ask whether the inquiry is related to the "business of insurance" (where state law governs), or whether it is related to peripherals of the industry (labor, tax law, securities - where federal law governs).

What can I do when an insurance company refuses to pay a claim?

In some instances an insurance company will refuse to pay a claim submitted by its policyholder. This is often referred to as "denying" the claim. The claim may be denied, for example, because the company has determined that the loss is not a type that is "covered" by the terms of the insurance policy or that the person who suffered the loss is not an "insured" for purposes of the policy or that a policyholder engaged in some type of misconduct which "voided" the coverage. Because of the complexity of insurance policies and because the resolution of coverage disputes often depends on careful analysis of the unique facts and circumstances of each case in light of applicable state law, the assistance of an attorney experienced in the handling of insurance coverage matters is strongly advised.

why should insurance law islam?

Legal definition of insurance under the Council of Islamic Sharia is a National effort to protect each other and helping the people through investment in the form of assets or property and to face the risks / hazards through a specific contract in accordance with sharia.

Insurance Sharia is a system where the participants / members / participants make investment / property provides some or all of the contribution will be used to pay claims, in case of natural experienced by some participants / members / participants. Company's role here is only the operational management of a company's insurance and investment capital / donations received / to be the company.

Islamic insurance is also called the law of insurance with the mutual help which means helping each other or help. Therefore it can be said that the principles have insurance mutual help as a basic law of the Islamic tolerance towards fellow human beings to alleviate a togetherness in disaster experienced participants. This principle is in accordance with Allah SWT says in the letter of Al Maarij paragraph 2, which means:

"And each other mutual assistance in the goodness and piety and not helping each other in sin and aggression"

why should insurance law islam?

Insurance during the time used by the majority community (non shari'a) is not an insurance that is known by the predecessor of the fiqh of experts, because they did not include a transaction known by the Islamic fiqh, nor from among the Companions of the law.

Differences in opinion about insurance is caused by differences in knowledge and their diligence. The reason, among others:

1. In the transaction of insurance there is ignorance (ignorance) and victimization (uncertainty), which is not known who will benefit or loss at the time of the expiration period of insurance.

2. In or near there is usury usury. This will more clearly in the life insurance, where someone gave the insurance policy to pay a small amount of funding / premium with the hope to get more money that is the future, but he could not get it. So the bottom is the exchange transaction this change money, and with the additional money that's paid, then this clearly contains elements of usury, and the usury fadl flysoul nasi'ah.

3. This transaction can deliver the two sides and the hostilities in the conflict when natural occurrence. Where each party seeks delegate loss to another party. Disputes can be to the court.

4. This type of insurance, including gambling, because one party to pay less property wealth to get more with a hit-or-way without a business or workplace. If an accident occurs it will get all the promised treasure, but if not then he will not get any.

See the fourth case above, it can be said that the transaction in the insurance during the time we know, not in accordance with the transaction, known in Islamic fiqh. Insurance law with the principles of Islamic mutual help, can be received by the community and develop rapidly enough in the last few years.

Insurance sharia in the initial agreement with a clear and transparent in accordance with the agreement of sharia, which funds and insurance premiums collected (also called with the funds used for the good) will be professionally managed by insurance companies through investment sharia Islamic law based on the principles of sharia.

And in the end all of the funds that are managed (investment fund) will be used to anticipate the occurrence of natural and / disaster / claim the insurance occurred among participants. Through the insurance law of Islam, we are prepared financially to maintain the principles of the transaction in accordance with Islamic fiqh. So there is no doubt for the transaction of insurance in accordance with Islamic law.

Quality Assurance

Higher education in the Netherlands is well known reputation in the world because of the high quality standards. This is obtained through the regulatory system and quality management that is. Ministry of Education, Culture and Science is responsible for legislation related to education.

When you search for a course in international website www.studyinholland.nl, note that the status of the programs can be seen from the individual icons. Programs that have been accredited will be entered in the list in the center of the registration programs of higher education or the Central Register of Higher Education Programs (CROHO). Bodies responsible for accreditation of this is the Netherlands-Flemish Accreditation Organization (NVAO). Students will be awarded a degree after successfully graduating from the courses accredited. Only degree program that can be accredited by NVAO.
The process of running

The provision of accreditation for a program of study is a process that has started running since 2003. This process will take a year before in the end the whole program of study, both the existing and the new can be evaluated and accredited. Meanwhile, it was decided that the courses have been accredited under the law guaranteed the long ter-accreditation status.
Institutions that can offer a bachelor degree program or master a body accredited by another and not by NVAO. For example, the master's program offered by Universities of Applied Sciences in the Netherlands, has been accredited by a university in the UK.
Field studies are

Research shows that those who study in universities or institutions of higher education the Netherlands have a very good performance in any of them are. Dutch higher education in the forefront of several fields such as business administration, agricultural studies, civil engineering, medicine, and remote sensing, arts & design.
Research

Results of high-quality research and the dissertation is in the Netherlands occupy the top ranking. In fact, scientific research into the international forefront of the Netherlands in Europe. Netherlands was ranked the top five in the world for the number of journals per capita.