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Last Class Review Uniform Determination of Death –Either circulatory and respiratory functions, or brain dead –Rebuttable presumption is death certificate.

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Presentation on theme: "Last Class Review Uniform Determination of Death –Either circulatory and respiratory functions, or brain dead –Rebuttable presumption is death certificate."— Presentation transcript:

1 Last Class Review Uniform Determination of Death –Either circulatory and respiratory functions, or brain dead –Rebuttable presumption is death certificate Suicide –Sane or insane language covers all suicide –Unique Maryland difference Incontestibility: 2 years for misrepresentations

2 Last Class Review Continued What is the test as to how you can change beneficiaries? Either strict compliance or… –Intent –Affirmative action Indirect Hookup Rule Possible rules to deal with: –Georgia bright line rule –Factual determination – is the killer getting an indirect benefit Definition of accidental death –Is there a means v. results distinction?

3 Final Point From Last Class No pop culture references that dont come from US.

4 Occupational Disability Insurance Burden of proof: person claiming disability Test for totally disabled: no longer able to perform the 'material' and 'substantial' responsibilities of his or her job. Occupational disability policies are designed to indemnify against loss of capacity to work, not against loss of income.

5 Occupational Disability Shapiro –Dentist –90% of his time was spent fixing the teeth of patients –Makes more money doing administrative dentistry

6 General Disability Test: inability of the insured to engage in his regular occupation or in any gainful occupation for which he is reasonably fitted by education, training or experience. What kind of insurance do you have? Turn to the policy. Facts of Wooley

7 Health Coverage Issues Defining the terms of loss –Shelton Medical appropriateness –Fuller

8 Granuloma –Granuloma ball-like collection of immune cells which forms when the immune system attempts to wall off substances that it perceives as foreign but is unable to eliminate

9 Health Care Defining the terms of loss –Shelton What is the definition of sickness? Medical appropriateness –Fuller –Shelton vs. Fuller reversal –How do you parse it out? –Defining not necessary Our health care problem –Mandatory insurance?


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