Document Type
Article
Publication Date
1998
Journal Title
Indiana Law Review
ISSN
2169-320X
Abstract
This essay offers a few thoughts about using judicial decisions as the dataset for research into health insurance coverage. Part I offers a general overview of insurance coverage law. Part II considers why students of health insurance coverage gravitate toward studying published opinions. Part III then discusses what is wrong with the approach, and suggests alternatives. Finally, Part IV turns to what may be right with the approach, concluding that judicial opinions in coverage litigation may reveal the functionality (or dysfunctionality) of the coverage process in managed care. Although the basic critique which the essay presents applies to areas other than litigation involving medical necessity or experimental treatment, it offers special insights into issues like health insurance coverage where legal doctrine and public policy may not be congruent.
First Page
49
Last Page
73
Num Pages
25
Volume Number
31
Issue Number
1
Publisher
Indiana University School of Law - Indianapolis
Recommended Citation
William M. Sage,
Judicial Opinions Involving Health Insurance Coverage: Trompe L'oeil or Window on the World?,
31
Ind. L. Rev.
49
(1998).
Available at:
https://scholarship.law.tamu.edu/facscholar/1755