Daniel Schwarcz
@Dschwarcz
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Fredrikson & Byron Professor, University of Minnesota Law School. Insurance law, regulation, & AI. Research available at https://t.co/3rH5BzG5mH
Minneapolis, MN
Joined August 2010
RT @JillHasday: I'm thrilled to report that my forthcoming book, We the Men: How Forgetting Women's Struggles for Equality Perpetuates Ineq…
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f we don't fundamentally reform property insurance markets in the US, they will buckle under the pressure of climate change. Luckily, many of the needed reforms were crafted a decade ago w/ our last major overhaul of insurance markets: Obamacare.
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RT @NicholasBednar: Over at @YaleJREG, I discuss the federal hiring freeze and the legality of job revocations.
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It argues Obamacare-style homeowners insurance reform—featuring mandated climate risk coverage, ban on non-causal risk discrimination, elimination of utility-style rate regulation, insurance exchanges, & progressive subsidies—can fix failing markets & foster climate adaptation.
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Assuming good faith regarding arguments on legal questions currently in the public domain is especially important for lawyers and law profs. And while some posts I've seen do this, I'm again dismayed by how many rely on personal and emotional attacks.
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As the LA wildfires rage on, California faces the risk of another disaster: the collapse of its homeowners insurance market. My coming Harv Env L Rev piece argues that managed competition based on healthcare reform is the best way to avoid this result.
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There is no doubt that the latest AI models are light years ahead of even year-old models in terms of producing quality legal work, especially when basic prompting strategies like those described here are used. I'm hoping to have new empirical results documenting this soon!
For lawyers and law students, is ChatGPT really just "a C+ student that can pass the bar exam?" I'll report; you decide. An interesting new law review article cites the tale of @Suffolk_Law Dean @andrew__perlman asking ChatGPT to draft a brief and getting lousy results--back in 2022. #legaltech #legalwriting #legalinnovation
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RT @legalwritingpro: For lawyers and law students, is ChatGPT really just "a C+ student that can pass the bar exam?" I'll report; you decid…
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@LWHensler3 People probably shouldn't be building in these areas. That's why most people (excepting those who can't afford it & already live in these areas) should be charged market-based insurance rates that reflect the full scale of climate related risk they face. That's what I propose.
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Courts used to have final say on whether recommended treatment denied by insurers was medically necessary. But insurers have increasingly foreclosed such review by contractually incorporating by reference their own coverage criteria, leaving their coverage decisions unchecked.
One of the most important overlooked factors in how health insurers get away w/ denying care is by contractually defining medical necessity by reference to their utilization criteria. Amy Monahan & I describe this shift in Rules of Medical Necessity, here:
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One of the most important overlooked factors in how health insurers get away w/ denying care is by contractually defining medical necessity by reference to their utilization criteria. Amy Monahan & I describe this shift in Rules of Medical Necessity, here:
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One of the most important overlooked factors in how health insurers get away w/ denying care is by contractually defining medical necessity by reference to their utilization criteria. Amy Monahan & I describe this shift in Rules of Medical Necessity, here:
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