Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Review Of "No Fault Automobile Accident Law" By Josephine Y. King, Jay C. Carlisle
Review Of "No Fault Automobile Accident Law" By Josephine Y. King, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg
Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg
Faculty Scholarship
Should accountants be liable to third parties if they conduct an audit in negligent manner? A half century ago, in Ultramares Corporation v. Touche, Niven & Co., Cardozo argued that they should not, unless their performance could be characterized as fraud. In recent years, courts in a minority of jurisdictions have concluded that Cardozo's argument is no longer compelling and they have found that "foreseeable" third parties could bring a tort action for ordinary negligence against the accountants. In addition to being subject to tort actions, accountants may also be liable under federal and state securities laws.
Suits against …
Consumer Protection - The Unfair Trade Practices Act And The Insurance Code: Does Per Se Necessarily Preempt? - Pearce V. American Defender Life Insurance Co., Cindy C. Heenan
Campbell Law Review
This Note will address two main issues. The first issue is whether a violation of the Insurance Code regulatory section entitled "Unfair Trade Practices" should be a per se unfair trade practice under the UTPA. The second is whether the Insurance Code preempts the UTPA in defining unfair insurance practices.
A Crisis In Insurance, Benjamin Lipson
A Crisis In Insurance, Benjamin Lipson
New England Journal of Public Policy
As the life and health insurance industry evaluates its long-term financial goals, the cloud of Black Monday — October 19, 1987, the day the stock market collapsed — blurs its cherished investment income projections. With investment portfolios under siege, mutual life insurance companies and stock companies alike are wary of making policy-pricing miscalculations that could prove to be disastrous. As if that weren't enough, one single disease — acquired immunodeficiency syndrome — looms as the most serious threat to life and health insurers for the remainder of this century. The spread of the new disease has caused insurers to adjust …