In two previous posts here and here, Josh Blackman and I contended that Judge O'Connor's conclusion that the individual insurance mandate is unconstitutional is correct. In our view, the Supreme Court ...

Applying California principles of insurance policy interpretation, we now conclude that an exclusion of coverage for the intentional acts of “an insured,” read in conjunction with a severability or ...

Recent hearings in Virginia regarding the commonwealth’s case against the individual health insurance mandate in President Barack Obama’s health care reform raised important questions hinging on the ...