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Full-Text Articles in Insurance Law

Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker Jul 2011

Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker

Akron Law Faculty Publications

Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.

This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …


The Wrap Up Of Wrap-Ups? Owner Controlled Insurance Programs And The Exclusive Remedy Defense, Chad G. Marzen Jan 2011

The Wrap Up Of Wrap-Ups? Owner Controlled Insurance Programs And The Exclusive Remedy Defense, Chad G. Marzen

Chad G. Marzen

Large scale, complex commercial construction projects today often utilize Owner-Controlled Insurance Programs (OCIPS, also referred to as “Wrap-Up” programs), which streamline various insurance coverages into a single consolidated program (the OCIP), where the owner, through the OCIP, establishes and administers insurance coverage for the general contractor and all the subcontractors on the project.

OCIPs have been lauded for several reasons – efficient claims management, efficient coordination of the program, and potentially significant cost savings for the owner. Although the benefits of OCIPs have been cited in court decisions throughout the country, at least two courts have held that an owner, …


Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker Jan 2011

Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker

Robert L Tucker

Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.

This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …


Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen Dec 2010

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

Chad G. Marzen

Owner-Controlled Insurance Programs (OCIPs, also referred to “Wrap-Up” programs), are becoming a popular insurance program in the construction industry. Some states have placed statutory restrictions and/or prohibitions on OCIPs. However, there are only 10 states to date which have even enacted any statute concerning OCIPs.

In this article, I contend that the future availability of OCIPs in the insurance industry may largely be dictated on statutory grounds. It is a call for state legislatures to critically examine the policies and purposes of OCIPs and to enact legislation which provides guidance to the industry and courts. First, two cases, one from …