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Journal Article
Does Title III of the Americans with Disabilities Act Regulate Insurance?
1999
Overview
Without addressing the issue of whether state insurance laws relating to disabled individuals and disability-based classifications should be supplemented by federal legislation, this Comment argues that Title III of the Americans with Disabilities Act is designed not to regulate the terms of insurance but merely to require physical access to public accommodations. An overview of the regulatory framework of insurance is provided and the ADA provisions pertaining to insurance are summarized. The courts' conflicting interpretations of the scope of Title III as it relates to insurance are discussed. An alternative means of interpreting the ADA that focuses on the ADA's text, legislative history, and purpose is offered. It is concluded that Title III does not cover the substance of the goods and services offered by public accommodations and consequently does not cover the substance of insurance.
Publisher
University of Chicago Law School,University of Chicago Press,University of Chicago, acting on behalf of the University of Chicago Law Review
