Although the United States has not established a much-needed and increasingly discussed national catastrophe policy, most significant points in current risk management strategies involve significant federal coordination and control. The authors suggest that a regulatory model that defers to the states with respect to the regulation of the insurance aspects of difficult risks is no longer viable, and an enhanced federal role in insurance regulation specifically -- and in risk management more generally -- is both necessary and appropriate with respect to difficult risks.
Regulating the Business of Insurance: Federalism in an Age of Difficult RiskUF Law Faculty Publications
Citation InformationRobert H. Jerry, II & Steven E. Roberts, Regulating the Business of Insurance: Federalism in an Age of Difficult Risk, 41 Wake Forest L. Rev. 835 (2006), available at http://scholarship.law.ufl.edu/facultypub/138