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Articles 1 - 23 of 23
Full-Text Articles in Law
Penerapan Prinsip Kontribusi Dan Prinsip Subrogasi Dalam Asuransi Pengangkutan Laut (Studi Kasus Pt. Asuransi Axa Indonesia Dengan Pt. Asuransi Buana Independent), Luthfiana Arumsari
Penerapan Prinsip Kontribusi Dan Prinsip Subrogasi Dalam Asuransi Pengangkutan Laut (Studi Kasus Pt. Asuransi Axa Indonesia Dengan Pt. Asuransi Buana Independent), Luthfiana Arumsari
"Dharmasisya” Jurnal Program Magister Hukum FHUI
In insurance, for the same object can be insured to more than 1 (one) insurance company, which means it is possible for an insured to receive profits from 2 (two) or more insurers, to avoid this, in the insurance law in Indonesia known indemnity principle , which serves to avoid the benefits received by the insured that exceeds the losses suffered. The author conducted research at PT. AXA Insurance Indonesia (hereinafter referred to as PT. AXA) and PT. Buana Independent Insurance (hereinafter referred to as PT. ABI), each of which is an Insurance company that has equally guaranteed a cargo …
Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt
Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt
Pepperdine Law Review
No abstract provided.
Shirking The Duty To Defend In Florida: Is Assignment The Exception To Argonaut?, Matthew J. Jowanna
Shirking The Duty To Defend In Florida: Is Assignment The Exception To Argonaut?, Matthew J. Jowanna
Matthew J. Jowanna
A lawsuit is filed by a plaintiff and the defendant is served. The defendant has a drawer full of liability insurance policies and, therefore, the insured defendant sends a copy of the served complaint to any and all insurance carriers that may provide coverage for the claim. The insured defendant then receives a few coverage denials for reasons such as the event at issue did not occur within a certain policy period or that the insured’s private automobile policy does not provide coverage for a commercial general liability claim. In any event, the denials appear to be valid -so the …
The Roof Is On Fire: When, Absent An Agreement Otherwise, May A Landlord's Insurer Pursue A Subrogation Claim Against A Negligent Tenant?, Robert Vanneman Spake, Jr.
The Roof Is On Fire: When, Absent An Agreement Otherwise, May A Landlord's Insurer Pursue A Subrogation Claim Against A Negligent Tenant?, Robert Vanneman Spake, Jr.
Washington and Lee Law Review
No abstract provided.
The Genie And The Bottle: Collateral Sources Under The September 11th Victim Compensation Fund, Kenneth S. Abraham, Kyle D. Logue
The Genie And The Bottle: Collateral Sources Under The September 11th Victim Compensation Fund, Kenneth S. Abraham, Kyle D. Logue
Articles
The September 11th Victim Compensation Fund of 2001 (the Fund) was part of legislation enacted just eleven days after the terrorist attacks of September 11th in the wake of extraordinary national loss. It is possible, therefore, that the Fund will always be considered an urgent and unique response to the unprecedented events of September 11th. On that view, the character of the Fund will have little longterm policy significance. It is equally possible, however, that the enactment of the Fund will prove to be a seminal moment in the history of tort and compensation law. The Fund adopts a new …
Securing Insurance Coverage Of Medical Expense And Avoiding Subrogation, Greg Munro
Securing Insurance Coverage Of Medical Expense And Avoiding Subrogation, Greg Munro
Faculty Journal Articles & Other Writings
This article explores some of the law that will control issues encountered in pursuing payment of medical expenses under insurance policies and programs. The article concludes that attorneys must analyze the situation in light of statutes and case law and utilize useful techniques for avoiding the insurer's subrogation, offsets and limitations when making claims to secure payment of medical expenses.
Kentucky Law Survey: Insurance, Richard H. Underwood
Kentucky Law Survey: Insurance, Richard H. Underwood
Law Faculty Scholarly Articles
Kentucky courts have recently decided a number of cases that have a significant impact on insurance law. Several decisions dealt with the assertion of rights at variance with contract provisions and the degree to which the law will recognize the reasonable expectations of the insured. The courts also considered novel questions concerning cancellation by substitution, the application and validity of various exclusions in homeowners and automobile liability policies, the application and validity of the escape clause in automobile liability policies, and the stacking of automobile liability coverages. This Survey will examine those questions, as well as the growing body of …
Profits In Subrogation: An Insurer's Claim To Be More Than Indemnified, Jay S. Bybee
Profits In Subrogation: An Insurer's Claim To Be More Than Indemnified, Jay S. Bybee
Scholarly Works
“[I]f the assured is not entitled to retain an excess against the insurer, and the insurer … is not entitle to receive the excess from the assured, what happens to the excess?” This question, posed by Lord Justice Megaw in L. Lucas Ltd. v. Export Credits Guarantee Department, is bred by the juxtaposition of two subrogation rules. The right to subrogation, being in nature like restitution, entitles the holder of the right only to reimbursement and, under a contract of insurance, “the assured … shall be fully indemnified, but shall never be more than fully indemnified.” The confusion that distribution …
Recent Developments In Nova Scotia Insurance Law, James A. Rendall
Recent Developments In Nova Scotia Insurance Law, James A. Rendall
Dalhousie Law Journal
Insurance is a prolific area of the law in terms of litigation. Many more judgments have been handed down in Nova Scotia recently than could be reviewed profitably in an article of reasonable length. In an attempt to review a representative sample of the range of insurance problems currently occupying Nova Scotia courts, Part II of this article deals with a variety of cases arranged under six headings. The topics represented have been chosen by reason of their recurrent enduring importance in insurance law, as with "insurable interest", by reason of current importance to the legal profession, as with "limitation …
Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven
Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven
Cleveland State Law Review
This article will examine four issues which the practitioner may face in handling litigation under Section 3109.09, which imposes liability on the parents of children who willfully damage the property of another: whether the statute extends to a "taking" of property; whether the term "parents" includes others who have custody and control of a minor; whether an insurance company as a subrogated plaintiff may maintain an action under the statute; and, finally, whether parents of the minor wrongdoer are provided with coverage under their homeowners policy in an action brought against them under Section 3109.09.
Insurance Subrogation In Auto Medical Payments Coverage, Walter A. Rodgers
Insurance Subrogation In Auto Medical Payments Coverage, Walter A. Rodgers
Cleveland State Law Review
It is unnecessary to elaborate on the other major differences between the two policies as this study will be confined to a discussion of the provisions of the Medical Payments Coverage with an analysis of the treatment these provisions have received by various courts, and more particularly, to resolving the question of whether the subrogation of medical expenses by automobile insurers is an assignment of a bodily injury claim.
A Proposed Cure For The Intervention Blues, Lawrence E. Hard
A Proposed Cure For The Intervention Blues, Lawrence E. Hard
University of Michigan Journal of Law Reform
This article does not purport to provide a study of the doctrine of subrogation and the merits of that doctrine in the context of insurance coverage. There are several difficult questions which could be raised as to the proper role of subrogation in insurance litigation. This article assumes the propriety of extending the right of subrogation to the type of medical and hospital payment plans offered by the Services and analyses the device of intervention as a method of enforcing the Services' right to contractual subrogation.
Subrogation In Medical Service Plans And Medical Insurance Policies - Hospital Service Corporation V. Pennsylvania Insurance Company
Maryland Law Review
No abstract provided.
Horn: Subrogation In Insurance Theory And Practice, Spencer L. Kimball
Horn: Subrogation In Insurance Theory And Practice, Spencer L. Kimball
Michigan Law Review
A Review of Subrogation in Insurance Theory and Practice By Ronald C. Horn.
Uninsured Motorist Coverage, Henry A. Hentemann
Uninsured Motorist Coverage, Henry A. Hentemann
Cleveland State Law Review
This article is concerned with the insurance contract that provides this unique coverage and the legal problems that surround some of its major provisions. Many of these, however, are not yet fully resolved. This is due to the relatively early stage of its development and to the fact that existing decisions are too few and too fragmentary to permit a statement of controlling rules or principless Nevertheless, the problems will be posed and the principles of law and the cases will be explored. The article will concern itself with the right of subrogation, the arbitration clause and the applicable statute …
The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis
The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis
Michigan Law Review
When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …
Contacts - Subrogation - Partial Subrogation Of A Cause Of Action For Personal Injuries, Jerome M. Salle
Contacts - Subrogation - Partial Subrogation Of A Cause Of Action For Personal Injuries, Jerome M. Salle
Michigan Law Review
Plaintiff, an incorporated home for the aged, provided all essential medical care to one of its residents under the provisions of a life-care contract between it and the resident. On the basis of a contract clause which purported to subrogate plaintiff to the right of the resident to recover medical expenses caused by the negligence of third parties, plaintiff brought an action to recover certain medical expenses incurred from the party who was allegedly responsible for the injuries and death of the resident. The trial court sustained a demurrer to the complaint for failure to state a cause of action …
Insurance - Right Of Insurer To Subrogate To Collateral Contract Rights Of The Insured - In The Matter Of Future Manufacturing Cooperative, Inc., Donald C. Allen, Robert E. Powell
Insurance - Right Of Insurer To Subrogate To Collateral Contract Rights Of The Insured - In The Matter Of Future Manufacturing Cooperative, Inc., Donald C. Allen, Robert E. Powell
Maryland Law Review
No abstract provided.
Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck
Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck
Michigan Law Review
Plaintiff, a non-profit hospital service organization, furnished services to defendant, a member of the organization injured in an automobile accident. Defendant thereafter entered into a settlement with the third party whose negligence had caused the accident and executed a release which included the hospital bill. Plaintiff then filed a bill in equity against defendant and the third party, claiming that on common law principles of subrogation it was entitled to recover from defendant all sums received by the defendant in settlement for the hospital services and from the third party the cost of the hospital services made necessary by the …
Insurance--Subrogation--Waiver, R. H. R.
Insurance--Subrogation--Waiver, R. H. R.
West Virginia Law Review
No abstract provided.
Civil Procedure-Parties-Real Party In Interest When Insurer Has Equitable Interest In Claim, Warren K, Urbom S.Ed.
Civil Procedure-Parties-Real Party In Interest When Insurer Has Equitable Interest In Claim, Warren K, Urbom S.Ed.
Michigan Law Review
Plaintiff sued for damages to his fruit and grocery market which were allegedly caused by the negligence of defendant. Interrogatories were submitted by defendant designed to determine whether or not plaintiff had been paid the full amount of his loss by an insurance company and had assigned his claim to that company. The trial court sustained a motion to strike the interrogatories. On appeal, held, reversed, two judges dissenting. Although a tortfeasor cannot defeat an action by the insured by showing full subrogation of the insurer, he can plead an assignment of the insured's claim to show that the …
Insurance--Formation Of The Contract--Subrogation, C. H. H. Jr.
Insurance--Formation Of The Contract--Subrogation, C. H. H. Jr.
West Virginia Law Review
No abstract provided.
Automobile Insurance
Michigan Law Review
A Review of AUTOMOBILE INSURANCE By Charles A. Sunderlin.