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Full-Text Articles in Law

Choice Of Law Issues In Eleventh Circuit Insurance Cases Arising From Lex Loci Contractus, Tom Schulte, Andrea Defield, Jorge Aviles May 2024

Choice Of Law Issues In Eleventh Circuit Insurance Cases Arising From Lex Loci Contractus, Tom Schulte, Andrea Defield, Jorge Aviles

University of Miami Law Review

A growing number of cases have emerged from the Eleventh Circuit struggling with the application of lex loci contractus to choice-of-law issues in the insurance context. And while the federal courts continue to struggle, the state courts in the Eleventh Circuit have not yet offered definitive guidance on when to apply lex loci contractus, and when to depart from it. In light of this choice-of-law issue, which can be and often is outcome determinative, this Article offers practical guidance on how policyholders can avoid application of an unfavorable state’s law to their insurance dispute, both before and after litigation …


The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim Jun 2023

The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim

University of Miami Inter-American Law Review

Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …


Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas Jun 2020

Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas

University of Miami Law Review

The McCarran-Ferguson Act was enacted in 1945 to safeguard the rights of the states to regulate the business of insurance. It provides that acts of Congress not specifically related to the business of insurance are superseded by state laws that regulate the business of insurance. In 1970, the United States ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Congress enacted Chapter 2 of the Federal Arbitration Act to implement the New York Convention. The New York Convention requires courts to recognize and enforce both private agreements to arbitrate and arbitration awards made …


Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen Jan 2012

Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen

University of Miami Business Law Review

No abstract provided.


Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker Oct 2001

Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker

University of Miami Law Review

No abstract provided.


No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager Apr 1998

No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager

University of Miami Law Review

No abstract provided.


Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook Jan 1996

Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook

University of Miami Law Review

No abstract provided.


The Insurance Fallout Following Hurricane Andrew: Whether Insurance Companies Are Legally Obligated To Pay For Building Code Upgrades Despite The "Ordinance Or Law" Exclusion Contained In Most Homeowners Policies, Hugh L. Wood Jr. Apr 1994

The Insurance Fallout Following Hurricane Andrew: Whether Insurance Companies Are Legally Obligated To Pay For Building Code Upgrades Despite The "Ordinance Or Law" Exclusion Contained In Most Homeowners Policies, Hugh L. Wood Jr.

University of Miami Law Review

No abstract provided.


Insurance Claims Fraud Problems And Remedies, Robert W. Emerson Mar 1992

Insurance Claims Fraud Problems And Remedies, Robert W. Emerson

University of Miami Law Review

No abstract provided.