“The insurance contract is one of the most important
inventions of the human mind in modern times.”
Edwin Patterson, Essentials of Insurance Law, 1935
The economic and institutional characteristics of the insurance industry require specialized analysis. Product and geographic market definition are key to issues of competition in the insurance industry, and must take into account these characteristics. Some parts of the industry are regulated, and other parts have open competition. Overlapping state and federal regulations, complex rate structures, complicated accounting systems, the role of risk and uncertainty, and moral hazard complicate the analysis of insurance matters.
EI has substantial experience with insurance industry cases. EI economists have represented clients before the federal antitrust authorities with regard to insurance company mergers. They have also advised insurance companies with regard to charges of monopolization and price fixing. Furthermore, EI economists have testified in Federal Courts and before state regulatory authorities on mergers and other competition issues. EI’s familiarity with the industry’s particular features is important, as is EI’s perspective on the regulatory background, including thorough understanding of issues pertaining to the McCarran-Ferguson Act.
EI has also worked on damages and liability issues related to contractual disputes about coverage under insurance policies.
EI economists have analyzed antitrust and competitive issues in the following areas:
Ordinary life insurance
Medical malpractice insurance
Credit life insurance
Debit life insurance
Workers compensation insurance
Information collection and exchange
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