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Freedom and Social Responsibility in Insurance Coverage Cases

Author: Tom Baker Date: 07.23.20

Freedom and Social Responsibility in Insurance Coverage Cases

When I teach insurance law, I always remind my students that private insurance can implicate our most important values.  Here is a statement from QC Edelman in the FCA test case that illustrates this point:

“In times of emergency and crisis, the public understands the difference between what the government was telling them to do in March of this year, and exhortations like to eat more fruit and vegetables and drink less alcohol. Behind the government’s announcement telling people what they must do was an appeal to comply voluntary in order to avoid or minimise the government being enforced to invoke the law. I want to say the fact that in a free society governments impose their will in this way, rather than operating as if is this was a Police State, is what marks us out as a society where people realise that freedom comes with social responsibility.