论海上保险法中的"保证"制度

海上保险法中的保证制度是当前国际海法领域中争论的焦点之一.在比较包括英国保险法在内的各主要海运国家的保证制度的基础上,结合我国海上保险法中的保证制度,提出完善我国保证制度的建议.     

Nurses, midwives and the requirement for "appropriate" professional indemnity insurance

The Health Practitioner Regulation National Law Act 2009 (the National Law) imposes the obligation on nurses and midwives to have appropriate professional indemnity insurance coverage as a condition of applying for, or renewing, their registration to practise in Australia. The National Law also empowers the Nursing and Midwifery Board of Australia to develop a registration standard and guidelines in relation to professional indemnity insurance and to enforce compliance through the registration process. Though not previously a requirement for their registration, nurses and midwives must now understand the nature and extent of the professional indemnity insurance under which they practise and declare that they will not practise their profession unless they have appropriate professional indemnity insurance arrangements which cover the full scope of their practice. This column provides an overview of the obligations and responsibilities imposed on nurses and midwives under the National Law and the Nursing and Midwifery Board of Australia's registration standard and guidelines. It is imperative that nurses and midwives understand the National Law provisions and the standard and guidelines developed by the Board before making decisions about their professional indemnity insurance and self-declaring that they have "appropriate" professional indemnity arrangements in place.     

State responses to the malpractice insurance "crisis" of the 1970s: an empirical assessment

Almost all states enacted legislation in response to the rapid rise in malpractice insurance premiums which occurred during the mid-1970s. After describing the types of statutory changes enacted, this study evaluates the influence of these changes on levels and growth of premiums paid by general practitioners, ophthalmologists, and orthopedic surgeons during 1974-78. The empirical results of the study presented here give no indication that individual state legislative actions, or actions taken collectively, had their intended effects on premiums. Several explanations for this result are explored.     

海上保险保证条款的法律适用——刘某诉中国人民财产保险股份有限公司某分公司船舶保险合同纠纷案

在海上保险保证制度的理论不断发展的国际背景下，中国现行法律对海上保险中保证制度的规定内容过于简单，立法技术亦显滞后，这直接导致司法实践对海上保险保证条款的法律适用问题存在着模糊认识。通过厦门海事法院审理的一起特殊海上保险合同纠纷案件，可对保证条款与除外责任条款的区别、保证条款的特别生效要件、违反保证与标的损失的因果关系等几个重要问题形成更加清晰的认识。     

Queer(ed) risks: life insurance, HIV/AIDS, and the "gay question"

In 2004 the Association of British Insurers (ABI) issued its second Statement of Best Practice on HIV and Insurance. This prohibited use of the "gay question" (employed by some underwriters in application forms for life insurance to identify heightened risk of infection with HIV), in response to growing criticism that the practice was actuarially unreliable, unfair to gay men, and unnecessary, given the availability of alternative "behaviour-based" risk criteria. While the overhaul of this controversial practice is clearly a victory for gay (male) identity politics, this paper argues that the interests of gay men seem to have dominated at the expense of a more far-reaching critique of the industry's evaluation of infection risk. It contends that a more radical (or "queerer") challenge is needed which can better understand and address the injustices created by criteria for appraising risk of infection that still remain in place.