Policyholder Litigation Challenging the Claims-Handling Conduct of Resolute Management

Over the past decade, Berkshire Hathaway has engaged in numerous “retroactive reinsurance” transactions whereby it takes on another insurer's long-tail environmental and asbestos coverage obligations in exchange for payment of a large sum of cash by the insurer. The cash that Berkshire receives from the insurer typically is the amount of cash that the insurer had reserved to pay policyholder claims on these coverage obligations. Warren Buffet has referred to these large sums received from an insurer as “float,” characterized as “money that doesn't belong to us but that we get to invest for Berkshire's benefit.” The lure of holding on to float for investment purposes has led to aggressive efforts by Berkshire's claims-handling unit, Resolute Management, to reduce and delay claims payments to policyholders. In response, a number of policyholders have initiated lawsuits and other proceedings against Berkshire entities and their related insurers.     

Australian Labor as a Federal Organisation: State Uniformity or Distinctiveness?

Is the Australian Labor Party (ALP) one party, or eight? Academic accounts of the ALP throughout its history have emphasised the importance of state-based policy-making and organisation as evidence that the “life of the party” occurs within state and territory branches. However, over the last three decades, changes to the national conference and constitution, the increasing prominence of national leaders and the professionalisation of campaigning practices have arguably created the conditions for a far more centralised organisation, raising the question of whether, in 2019, there is anything distinctive about the ALP state and territory branches beyond the jurisdictions in which they operate. In this article, we investigate the distinctiveness of state Labor branches in terms of their formal organisational diversity and the characteristics and attitudes of their supporters. Using data from an original survey of Australian party supporters conducted in 2016, as well as undertaking an analysis of formal party rules, we show that the ALP exhibits a high degree of organisational uniformity across its branches, and supporters of the party in all states and territories very closely resemble each other. We conclude that even though the party maintains a federal structure it is possible to study its supportership and formal structure as a national organisation.     

Business as Usual? Bail Decision Making and “Micro Politics” in an Australian Magistrates Court

Between the 1970s and 1990s, political scientists in the United States pursued a distinctive research program that employed ethnographic methods to study micro politics in criminal courts. This article considers the relevance of this concept for court researchers today through a case study about bail decision making in a lower criminal court in Australia. It describes business as usual in how decisions are made and the provision of pretrial services. It also looks at how traditionalists and reformers understood business as usual, and uses this as a critical concept to make visible micro politics in this court. The case study raises issues about organizational change in criminal courts since the 1990s, since there are fewer studies about plea bargaining and more about specialist or problem‐solving courts. It is suggested that we need a new international agenda that can address change and continuity in criminal courts.