Disqualification for Unemployment Insurance
Sanders, Paul H.
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- 2025Deena Brell v. Deniece Thomas, Commissioner of the Tennessee Department of Labor and Workforce Development Tenn. Ct. App.
- 2016Amended October 3, 2016 Sondra Irving v. Employment Appeal Board Iowa
- 2016Clark v. State ex rel. Department of Workforce Services Wyo.
- 2016Irving v. Employment Appeal Board Iowa
- 1988Fino v. Maryland Employment Security Board Md.
- 1973In re Potvin Vt.
- 1971Hays v. Batesville Mfg. Co. Ark.
- 1964Bayly Manufacturing Co. v. Department of Employment Colo.
- 1963Sherbert v. Verner U.S.
- 1963Dubkowski v. Administrator, Unemployment Compensation Act Conn.
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Abstract
Our public arrangements in this country for compensating unemployment (including the aggregate of federal and state legislation to that end) are quite properly referred to as an "insurance" program.' Study of the elements of coverage in an insurance policy will be found instructive, therefore, in the matter of eligibility and disqualification for unemployment benefits. A contract of insurance is designed to transfer certain defined risks from the insured to the insurer. The risks selected for this process in a particular policy will be described or stated affirmatively in its provisions. Certain exclusions from the risk may be specified for even greater precision in delineating the boundaries of the insured event--thus the process of inclusion and exclusion establishes the affirmative conditions of the insurer's liability and defines the insured event or, more precisely, the event insured against.
Risks must be selected and defined to provide the subject matter for the operation of the agreement between the parties. In addition, the insurer will probably insert provisions designed to control or minimize the risk assumed.