Law Commons^™

Taking One For The Team: Should Colleges Be Liable For Injuries Occurring During Student Participation In Club Sports?, Nick White

Vanderbilt Journal of Entertainment & Technology Law

Since the 1970s, colleges have not been liable for their adult students' actions or injuries, but courts have since delineated many exceptions to this rule. This Note will analyze the effect of college involvement in club sports as to whether it creates a duty for a college to protect its club athletes and those they might injure. This Note will also examine whether such a duty might exist in the future if the current trends in the law and college policy continue unchecked. Finally, this Note will address the effectiveness of the current defenses to liability and the effect of …

Why Traditional Insurance Policies Are Not Enough: The Nature Of Potential E-Commerce Losses & Liabilities, Anna Lee

Vanderbilt Journal of Entertainment & Technology Law

There are two general categories of insurance policies: first-party policies and third-party/liability policies. First-party polices provide benefits directly to policyholders for losses suffered by the policyholders. For example, fire damage to the policyholder's plant or financial loss resulting from the interruption of the policyholder's business would be covered under the first-party insurance. Generally, these first-party losses are covered under policies such as "all risk," "named peril," "business interruption," or "expense to reduce loss" coverages. Among these various types of first-party policies, "all risk" insurance policies provide the broadest coverages.

Third-party or liability policies provide protection for claims against the policyholder …

The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born

Vanderbilt Law School Faculty Publications

The stabilization of the insurance market may lead to lower prices for products and for medical care, but will also generally lead to lower values of tort awards as well. If the social objective was simply to reduce losses, then that objective could be achieved by abolishing tort liability altogether. Our societal concerns are clearly much broader. In the absence of a more detailed assessment of the desirability of the reforms and their effect on injured parties, it would be premature to conclude that reform efforts that were successful in enhancing insurance market profitability should be judged a success from …

Case Digest, Law Review Stafrf

Vanderbilt Journal of Transnational Law

Pursuant to the United States-France Estate Tax Treaty, the estate of a United States citizen who was domiciled in France is liable to the United States for taxes on real property located in France at rates effective when the citizen died provided the estate receives credit for the estate taxes paid to France

Norstar Bank of Upstate New York v. United States,644 F. Supp. 1112 (N.D.N.Y. 1986).

Political Question

Doctrine bars judicial consideration of claims that the United States mines placed in the Nicaraguan harbor of Corinto damaged a Norwegian ship. Krig-sforsikring for Skib, gjensidingforening (The Norwegian War Risk Insurance …

Insurance -- 1954 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

There were only two cases reported during the survey period on the subject of liability insurance. In the first of these, Rural Education Ass'n, Inc. v. American Fire & Casualty Co., the insured had notice of an accident on the day it occurred. Suit for injuries growing out of the accident was filed nearly seven months later, and not until the day after suit was filed did the insured notify the insurer of the accident. After judgment was obtained against it, the insured brought the present suit against its insurer. The insurance policy required that notice be given "as soon …

Third-Party Liability And Adjustments Between Different Employers And Insurance Carriers In Tennessee, William J. Harbison

Vanderbilt Law Review

In this article the author discusses the Tennessee law as to the relative positions of employers and third party tort feasors in workmen's compensation situations. After discussing the employer's right to subrogation to his employee's right of action, the employer's right to a lien on any recovery in such an action, and the right of the third party to indemnity from the employer, he concludes by treating the problem of joint and successive employers, taking special note of the heretofore untapped resources of the Tennessee Second Injury Fund.

Ancillary Rights Of The Insured Against His Liability Insurer, Robert E. Keeton

Vanderbilt Law Review

The primary right of the insured against his liability insurer is the right to reimbursement of loss falling within the coverage defined in the policy. The scope of that right is ordinarily determined by construction of the clauses defining the Bodily Injury Liability and Property Damage Liability Coverages.' The present article is concerned with ancillary rights, arising in part from these and other policy provisions and in part from the relationship created by liability insurance. These rights of the insured are, from the opposite point of view, duties of the insurer--duties concerned principally with settlement of the tort claim or …

Semi-Direct Action Against Liability Insurers: Current Problems, Ronan E. Degnan

Vanderbilt Law Review

The legislatures of the various states of the union have by and large seen fit to forbid actions by an injured party directly against a liability insurer. This limitation, founded upon policy reasons which are doubtless apparent to the reader, has led the interested parties to seek out various indirect or semi-direct methods for reaching the insurance fund. This article is designed to discuss two particularly difficult problems which have arisen because of this semi-direct mode of proceeding: (1) By what appropriate methods can a judgment be obtained against a nonresident tort feasor or his estate so as to create …

Automobile Policy Exclusions, A. L. Plummer

Vanderbilt Law Review

The exclusions in the automobile liability insurance policies have required much litigation to clarify and interpret the intent of the draftsmen and underwriter who wrote them. An exclusion takes away or modifies certain coverages given in the insuring agreements. The giving and taking-away provisions of insurance policies are necessary in the making of a limited contract. They tend to avoid duplication of coverage, limit the assumed risk or hazard, avoid underwriting the primary liabilities of others that should be covered by other policy forms, and otherwise limit the scope of coverage. Since 1936 there has been a constant effort by …

Overlapping Coverages In Liability Contracts; Subrogation, John A. Appleman

Vanderbilt Law Review

Within the last twenty-five years, approximately, a considerable transition has taken place in approaching the coverages of automobile policies. At one time, liability insurers used to require their policy-holders to pledge that they did not carry other insurance of like character. It is difficult to understand why this situation ever arose. It may have been an outgrowth of fire coverages, or health and accident provisions, in which a moral hazard actually might exist where excessive protection is carried. Thereafter, instead of making this a matter of warranty, policies frequently provided that in the event there should be any other valid …

Insurance -- 1960 Tennessee Survey, William R. Andersen

Vanderbilt Law Review

One of the most delicate problems in insurance underwriting is that of describing the events whose occurrence is the primary condition of the insurer's obligation to pay. Several interesting cases were decided during the survey period involving disputes over whether or not an insured event had occurred.

Liability Of An Insurance Agent Or Broker In Procuring Or Maintaining Insurance For An Owner, Jack D. Mcneil

Vanderbilt Law Review

The insurance agent or broker is vulnerable to legal attack on several grounds and may incur liability on a variety of theories ranging from breach of implied warranty to fraudulent misrepresentation. The basic fact situation here discussed arises when one desires insurance and the agent sought for the purpose of procuring that insurance fails to do so through a lack of reasonable care. The nature and origin of the duty owed by such an agent or broker, the various instances in which liability arises, the measure and amount of damages collectible, and the defenses available to the agent are discussed.

Insurance -- 1958 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

The case of Clinchfield R.R. v. United States Fidelity & Guaranty Co.' involved the question of whether the insured, in a suit against his insurer, is bound by findings adverse to him in prior litigation between the insured and a third person.The liability insurance policy involved covered certain vehicles of the railroad company but expressly excluded from coverage injuries to employees in the course of their employment. One Harrison, a regular railroad employee, was injured while riding in an insured vehicle with a fellow employee. He sued the railroad company under the Federal Employers Liability Act. Before he could recover …

Insurance -- 1956 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

In Pennsylvania, etc. Ins. Co. v. Homer,' it appeared that Homer had struck a parked vehicle but failed to stop. His identity was later established and he signed a statement admitting that the accident was his fault and assuming all responsibility in connection therewith, including damage to the vehicle and hospital and medical treatment to any person suffering injuries as a result of the accident. It was not until five months after the collision that Homer's insuror received any notice of the accident. The insuror thereupon filed this action in the chancery court for declaratory judgment to determine its rights …

Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

If a period of three years be sufficient time to detect any trend in the field of insurance litigation, there is reflected a decrease in the number of cases reaching our appellate courts having to do with automobile liability insurance and an increase in the number of cases having to do with health and accident policies--the latter probably being the result of the extension of group insurance. In the past year there were only two reported decisions in the state courts and one in the federal court sitting in Tennessee involving automobile liability policies. During the present Survey period, there …