The Supreme Court had held previously that Iowa workers' compensation carriers can be held liable in bad faith actions because state statues place an "affirmative obligation
" on insurance carriers to act reasonably.
When you impose an affirmative obligation
on the state to provide for the satisfaction of its citizens' material needs and make that obligation justiciable, you end up taking power away from the people and give it to a group of unelected judges who can veto the collective will of the people.
The court rejected the plaintiff's argument that the statute codifies an affirmative obligation
on employers to take steps to determine accommodation, including consultation with the employee and documenting its good faith efforts.
The New York Constitution places an affirmative obligation
on the State to provide for the health and welfare of everyone within our borders and ensure that the due process rights of all inhabitants are protected.
An insurance company has an affirmative obligation
to provide written notice of a disclaimer of coverage as soon as is reasonably possible, even where the policyholder's own notice of claim to the insurer is untimely (see Insurance Law [section] 3420[d]; Hartford Ins.
With the new legislative package, the FMSA has placed an affirmative obligation
on financial institutions to report AML activities, including designation and placement of the offending party on the FMSA website as a "designated person." As a result of this designation, the FMSA, through the relevant government ministries, will be able to freeze the assets of the named individual/entity.
The new rules put the affirmative obligation
on the advisor to be prepared to defend his or her compensation as reasonable or risk losing the Best Interest [Contract] Exemption.
Aside from the Constitution, the petition added that Comelec also disregarded basic international law provisions on citizenship as well as the applicable international human rights instruments ratified by the Philippines that created an affirmative obligation
to consider foundlings as natural-born citizens of the country.
There is no imminent danger it creates and no provider has an affirmative obligation
to monitor and make determinations about the theoretically harmful nature of speech a site may contain." He also added, "We have never received a request to terminate the site in question from any law enforcement authority, let alone a valid order from a court."
These laws make clear that "equal access" does not mean "the same" access--criminal justice professionals have an affirmative obligation
under these laws to guarantee that deaf people receive effective communication.
It is, Bolick says, arguable that the Guarantee Clause is inapplicable in the Arizona case because the clause is ''an affirmative obligation
on the national government rather than a restriction on the states.