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Articles 1 - 5 of 5
Full-Text Articles in Law
The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson
The Tort Of Bad Faith In First-Party Insurance Transactions: Refining The Standard Of Culpability And Reformulating The Remedies By Statute, Roger C. Henderson
University of Michigan Journal of Law Reform
This Article explores the common-law and statutory background of the tort of bad faith in first-party insurance situations analyzes the varying standards of culpability that have been developed by the courts and suggests a uniform statutory solution to the problems created by the varying standards. The statute also tailors the remedies more closely to the particular type of insurer wrongdoing. The proposed remedies recognize the dual nature of the insurer-insured relationship, that is, one based upon contract and tort concepts. Such a statute would eliminate many of the ambiguities and other deficiencies in the common law of those states that …
Sanctions And The Inherent Power: The Supreme Court Expands The American Rule's Bad Faith Exception For Fee Shifting-Chambers V. Nasco, Inc., Alexander B. Rotbart
Sanctions And The Inherent Power: The Supreme Court Expands The American Rule's Bad Faith Exception For Fee Shifting-Chambers V. Nasco, Inc., Alexander B. Rotbart
Nova Law Review
Confronted with the growing problem of crowded dockets, federal
courts have enacted and imposed a variety of rules and sanctions
designed to discourage abuse of the judicial process
Judicial Bias, The Insurance Industry And Consumer Protection: An Empirical Analysis Of State Supreme Courts’ Bad-Faith, Breach-Of-Contract, Breach-Of-Covenant-Of-Good-Faith And Excess-Judgment Decisions, 1900–1991, Willy E. Rice
Faculty Articles
Consumers are becoming increasingly dissatisfied with the services and products that the American insurance industry provides. Correspondingly, they are filing an ever-increasing number of lawsuits against insurers in state courts. While courts have ruled equally in favor of insurers and policyholders, advocates for both consumers and the insurance industry strongly believe “judicial bias” or “judicial hostility” permeates state supreme courts.
Some United States Supreme Court Justices have argued that state supreme courts are hostile towards insurance carriers. Commentators have also viciously criticized state supreme courts for being biased against insurance carriers. The contrary view that state supreme courts are anti-consumer …
Southern General Insurance Co. V. Holt: Defining "Duty" In The Duty-To-Settle Doctrine As Applied To Third-Party Insurance Claims In Georgia, Suzan E. Roth
Georgia State University Law Review
No abstract provided.
Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel
Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel
Scholarly Works
With only a small risk of overstatement, one could say that sanctions in civil litigation exploded during the 1980s, with the 1983 amendment to Federal Rule of Civil Procedure 11 acting as the principal catalyst. From 1938 until the 1983 amendment, only two dozen or so cases on Rule 11 were reported, with courts rarely imposing sanctions. Although a few cases were notable by virtue of sanction size, prestige of the firm sanctioned, or publicity attending the underlying case, the legal profession largely regarded Rule 11 as a dead letter. In addition, other sanctions provisions, such as Federal Rule of …