Last Insurer Standing: Accounting for Policyholder Settlements in an “All Sums” World

Abstract

In 2016, New York became the latest state to interpret insurance policies with prior insurance or non-cumulation of liability clauses as permitting a policyholder to recover damages under “all sums” for long-tail liabilities, including environmental liabilities. But two major questions were left unanswered in New York, as in many other states, when a policyholder seeks all sums recovery from a non-settled insurer after the policyholder settles with other insurers: first, how to account for a policyholder’s prior settlements—through set-off, contribution, or both. Second, how to calculate any set-off or contribution—should it be pro tanto, pro rata, or something else. This article examines the arguments on both sides of these issues and looks ahead to how courts may resolve these questions going forward.     

Uber in Queensland: From policy fortress to policy change

Emerging technologies are challenging the regulatory systems and industry policy settings that were settled during the microeconomic reforms of the 1980s and 1990s. In 1994, in the absence of credible competition in the taxi industry, Queensland legislation constructed a protective ‘policy fortress’ that benefited taxi licence holders in return for specific service standards. This entrenched a policy–industry nexus upheld by all political parties for two decades. But in 2014–2016, using disruptive digital platforms, Uber and similar organisations directly challenged the policy regime by rapidly expanding their unlicensed operations for personalised passenger bookings. Queensland policy-makers were eventually shocked into establishing a major review, leading to the termination of the protective regime. Drawing on interviews and policy documents, we identify the contextual and ideational factors that facilitated the unlocking of policy change. As consumers became more ‘tech-savvy’, the policy ideas championed by powerful new agents of change came to highlight consumer convenience, flexibility, and the ‘sharing economy’. Such narratives reframed the economic disruptions flowing from new technologies as opportunities to lower service costs.     

Why information and transparency about electricity matter: Fragmentation of governance and accountability under New Public Management

From 1995, Australian governments pursued efficiency benefits arising from significant structural reforms in the Electricity Supply Industry, including corporatisation and regulation of network monopolies, and introduction of competition for generators and for retailers. The restructure was motivated by the ideology of New Public Management and influenced by the field of neoliberal economics. More than two decades later, prices paid for electricity by residential and commercial customers have escalated sharply, resulting in sustained anger from all consumers. The Australian Competition and Consumer Commission Chair has admitted that ‘The National Electricity Market is largely broken’. This article documents the reduction in public access to information about electricity supply, the fragmentation in responsibility and accountability for consumer outcomes, and the consequences of these changes for transparency, industry operation, and retail electricity prices. New research enabled the creation of a database of Queensland energy production, consumption, and prices; this facilitated a fresh analysis of Queensland electricity sector performance since the restructure of electricity supply.     

量刑轻缓化趋势与非监禁刑

一、序言苏格兰的刑法与英格兰和威尔士有显著差异。在英格兰和威尔士 ,刑法基本上是一种以制定法规定犯罪的制度 ,该制度对每一种犯罪都有明确规定的刑罚 ,通常表现为法定最高刑。而在苏格兰 ,大多数刑事犯罪的法律渊源是普通法 ,也就是那些来源于 1 70 7年以前苏格兰议会所颁布的古老法案 ;或者来源于著者们所描述的无可追忆的惯例 ;或者来源于法庭在适用法律过程中对法律所作的发展的法律。一般而言 ,苏格兰法律中的法定犯罪是指那些规定于英联邦议会颁布并适用于整个英联邦国家的制定法中的犯罪—例如道路交通、毒品和攻击性武器等领域…     

Black or Blue: Racial Profiling and Representative Bureaucracy

Are there conditions under which minority bureaucrats are less likely to provide active representation? The authors address this question by testing the link between passive and active representation for race in a police department and in the particular instance of racial profiling. Literature from three areas—racial profiling, representative bureaucracy, and police socialization—is brought together. The findings support the hypothesis that organizational socialization can hinder the link between passive and active representation. Furthermore, the authors find that the presence of black police officers is related to an increase in racial profiling in the division. This finding was unexpected and raises several important questions regarding active representation and race.     

Three Lenses of Evidence‐Based Policy

This article discusses recent trends to incorporate the results of systematic research (or ‘evidence’) into policy development, program evaluation and program improvement. This process is consistent with the New Public Management (NPM) emphasis on efficiency and effectiveness. Analysis of evidence helps to answer the questions ‘what works? and ‘what happens if we change these settings?’ Secondly, some of the well known challenges and limitations for ‘evidence‐based’ policy are outlined. Policy decisions emerge from politics, judgement and debate, rather than being deduced from empirical analysis. Policy debate and analysis involves an interplay between facts, norms and desired actions, in which ‘evidence’ is diverse and contestable. Thirdly, the article outlines a distinction between technical and negotiated approaches to problem‐solving. The latter is a prominent feature of policy domains rich in ‘network’ approaches, partnering and community engagement. Networks and partnerships bring to the negotiation table a diversity of stakeholder ‘evidence’, ie, relevant information, interpretations and priorities. Finally, it is suggested that three types of evidence/perspective are especially relevant in the modern era – systematic (‘scientific’) research, program management experience (‘practice’), and political judgement. What works for program clients is intrinsically connected to what works for managers and for political leaders. Thus, the practical craft of policy development and adjustment involves ‘weaving’ strands of information and values as seen through the lens of these three key stakeholder groups. There is not one evidence‐base but several bases. These disparate bodies of knowledge become multiple sets of evidence that inform and influence policy rather than determine it.     

The enduring challenge of ‘wicked problems’: revisiting Rittel and Webber

There is, in the twenty-first century, an intense interest in the nature of wicked problems and the complex tasks of identifying their scope, viable responses, and appropriate mechanisms and pathways towards achieving improvement. This preoccupation is timeless, but the discussion over several decades has benefited from Rittel and Webber’s (Policy Sci 4(2):155–169, 1973) path breaking conceptualisation of wicked problems and the political argumentation needed to resolve them. This review revisits Rittel and Webber’s work and its enduring significance, reflecting upon its broad uptake and impact in the policy sciences, an impact that continues to grow over time. We revisit how the classic 1973 paper came to be published in Policy Sciences, its innovative depiction of social problems, its rejection of rationalistic design, its acknowledgement of the subjectivities involved in problem identification and resolutions, and the consequent need for argumentative-based solution processes. We find great resonance in the paper with contemporary problem solving preoccupations, not least that the political context is crucial, that argumentation must be transparent and robust, and that policy interventions may have consequences that cannot be easily controlled in open and highly pluralised social systems.     

Recasting Leadership Reform in Australian Local Government: A Typology from Political Theory

Changes to elected leadership in Australian local government have seen greater authority assigned to mayors in several jurisdictions. A Discussion Paper recently released under the auspices of the Australian Centre for Excellence in Local Government (ACELG) has recommended further reforms, arguing inter alia that mayors ought to enjoy a personal mandate and a stronger strategic role. This paper places these suggested reforms into context by developing a typology of local government leadership from political theory. We argue that this quadrilateral typology provides a critical portrait of recommendations for stronger leadership which, in this instance, have been transposed from two unitary systems of government (England and New Zealand) to the Australian federal system, without due consideration of the literature examining stronger mayoral roles. It is argued that caution should be exercised when redrafting legislation governing mayoral authority, a process presently underway in New South Wales (NSW).