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Full-Text Articles in Law
Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine
Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine
Jonathan C. Augustine
Generally speaking, an insurance agreement is a contractual obligation between two parties, the insured, who pays a premium for the benefit of coverage, and its insurer, who receives the payment and issues a guarantee against loss. Accordingly, by strict definition, the contract of insurance and the insured’s consequential ability to recover for sustained damages is limited as a two party agreement. The Louisiana legislature has been forward thinking in the field of insurance. The state enacted a “direct action statute,” allowing aggrieved third parties to proceed directly against insurers in either tort or contract, for the recovery of damages, when …
Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie
Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie
LLM Theses and Essays
Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …
Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.
Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.
Michigan Law Review
Petitioner's houseboat, used to transport passengers commercially on a lake between Texas and Oklahoma, was insured against fire and other loss by respondent. Following destruction of the boat by fire, respondent denied liability because of breaches of policy warranties against assignment, pledging, transferring, and use for hire. The petitioner's action was brought in the state court and removed to a federal court because of diversity of citizenship. Texas statutes provide that breaches of policy provisions by the insured are no defense unless the breach contributes to the loss, and that provisions in policies against pledging are invalid. Petitioner contended that …