Digital Commons Network^™

Insurance, Maximilian A. Pock

Mercer Law Review

Of the 45 "insurance" cases handed down during the current survey period less than half merit serious scrutiny and comment at this time. Of the remainder, some address themselves solely to procedural issues with "insurance" law providing but a fortuitous backdrop, while others involve only factual disputes raised largely in duels involving the grant or denial of motions and counter motions for summary judgment.

To preserve editorial continuity the cases decided during the current survey period will be discussed in conformance with the general outline and subject matter headings used in past years. Where certiorari to the supreme court has …

Title Insurance: Recovery For Emotional Distress For Wrongful Failure To Defend

BYU Law Review

No abstract provided.

Community And Separate Property Interests In Life Insurance Proceeds: The Risk Payment Doctrine In State Courts And Its Federal Estate Tax Consequences, James M. Higbee

Washington Law Review

This comment will first examine the decisions of the Louisiana, Texas, Arizona, Idaho, and New Mexico courts in which the risk payment doctrine has been approved for use with term insurance in order to determine how well established the doctrine is in each state. The status of the risk payment doctrine in state courts is important because "state property rules control the estate taxation of community property life insurance." The estate tax consequences of the risk payment doctrine will then be considered.

The Mccarran-Ferguson Act: A Time For Procompetitive Reform, Laurence M. Hamric

Vanderbilt Law Review

State insurance regulation may be broadly divided into two categories. The first generally encompasses those laws that are directed toward protecting the insurance fund so that a policy holder can be secure in his reliance on his insurer's ability to pay its obligations. An assumption underlying this Note is that such regulation, despite its imperfection and effect on competition, is both socially and economically desirable. Thus the problems with state regulation aimed at ensuring the financial reliability and solvency of insurance companies" will not be considered here. Rather, this section of the Note will outline the second category of state …

Consumer Warranty Or Insurance Contract? A View Towards A Rational State Regulatory Policy, Doyal Mclemore Jr.

Indiana Law Journal

No abstract provided.

The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson

Indiana Law Journal

No abstract provided.

Community And Separate Property Interests In Life Insurance Proceeds: A Fresh Look, James M. Higbee

Washington Law Review

This comment examines the difficult problem of characterizing the proceeds of a life insurance policy as separate or community property where the policy insures the life of a spouse and premiums have been paid with both separate and community funds. The problem commonly arises when a person takes out a life insurance policy while single, pays the first few premiums from separate funds, and then maintains the policy with community funds following marriage. Upon death of the insured spouse, the characterization of the proceeds as separate or community or partially both is significant for two reasons. Not only may such …

Imposters And Fictitious Payees, James J. White

Other Publications

Uniform Commercial Code section 3-405. I. Basic Liabilities II. Defense and Miscellaneous Issues

Informed Consent In Kentucky After The Medical Malpractice Insurance And Claims Act Of 1976, J. Vaughan Curtis

Kentucky Law Journal

No abstract provided.

No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson

Faculty Scholarship

The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.

The National Standards For No-Fault Insurance Act: Good Intentions And Bad Federalism, Richard L. Reinhold

Buffalo Law Review

No abstract provided.

Kentucky No-Fault: An Analysis And Interpretation, Robert P. Moore, David W. Rutledge

Kentucky Law Journal

No abstract provided.

Wrongful Refusal To Settle: The Implications Of Grundy In Kentucky, Katharine R. Crawford

Kentucky Law Journal

No abstract provided.

Professional Liability Insurance: The Doctor's Dilemma, Jay J. Price

Loyola University Chicago Law Journal

No abstract provided.

Pre-Trial Screening Of Medical Malpractice Claims Versus The Illinois Constitution, 10 J. Marshall J. Prac. & Proc. 133 (1976), Larry L. Johnson

UIC Law Review

No abstract provided.

Variable Life Insurance, Tamar Frankel

Faculty Scholarship

No abstract provided.

Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy

Fordham Urban Law Journal

Plaintiff Dolores Smith appealed from a judgment in a favor of the Westland Life Insurance Company after a nonjury trial. Mrs. Smith, as the widow and administratrix of the estate of her husband, sought recovery of $10,000 under a temporary life insurance contract. Mr. Smith had paid the first month’s premium and received a conditional receipt, also known as a binder or a binding receipt, from a soliciting agent of Westland on April 8, 1963. However, due to the hazardous nature of Smith’s employment as a railroad laborer, Westland issued him a modified policy, with increased premiums, on April 24. …

The Federal Prudent Man Rule Under Erisa, James D. Hutchinson

Villanova Law Review

No abstract provided.