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Articles 1 - 30 of 41
Full-Text Articles in Insurance Law
Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth
Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth
Legal History Publications
An examination of the case Oliver v. The Maryland Insurance Company, 7 Cranch 487 (1813). In Oliver, Robert Oliver, the plaintiff, sued the Maryland Insurance Company, the defendant, in an attempt to recover on an insurance policy he had purchased for a shipment of goods aboard the snow Comet. The Comet was seized by a British ship on its return from Spain, and was condemned under the Orders in Council of 1807. The Court affirmed a lower court judgment that Oliver was not entitled to recover, because the Comet had engaged in an unreasonable delay and deviation …
Commerce Games And The Individual Mandate, Leslie Meltzer Henry, Maxwell L. Stearns
Commerce Games And The Individual Mandate, Leslie Meltzer Henry, Maxwell L. Stearns
Faculty Scholarship
While the Supreme Court declined an early invitation to resolve challenges to the Patient Protection and Affordable Care Act (“PPACA”), a recent split between the United States Courts of Appeals for the Sixth Circuit (sustaining the PPACA’s “individual mandate”) and the Eleventh Circuit (striking it down) virtually ensures that the Court will decide the fate of this centerpiece of the Obama Administration’s regulatory agenda. Whatever the Court’s decision, it will likely affect Commerce Clause doctrine- and related doctrines - for years or even decades to come.
Litigants, judges, and academic commentators have focused on whether the Court’s “economic activity” tests, …
Toward National Uniformity In The Treatment Of Public Insurance Adjusters Under State Unauthorized Practice Of Law Provisions, Clayton P. Solomon
Toward National Uniformity In The Treatment Of Public Insurance Adjusters Under State Unauthorized Practice Of Law Provisions, Clayton P. Solomon
Student Articles and Papers
At present, forty-four of fifty states, plus the District of Columbia, license public insurance adjusters to assist policyholders in the settlement of claims for property loss under insurance contracts. In the six states that do not license public adjusters, however, state authorities may at any time conclude that the profession as a whole, by its very nature, constitutes the unauthorized practice of law (UPL). Arkansas flatly prohibits public adjusting on this basis.
By restricting public adjusting activities to members of the bar, policyholders are obliged to pay higher fees for legal representation where the services of a non-attorney adjuster would …
Catastrophic Loss, Alternative Risk Transfer, And Terrorism Insurance, Robert J. Rhee
Catastrophic Loss, Alternative Risk Transfer, And Terrorism Insurance, Robert J. Rhee
Faculty Scholarship
This paper constitutes a compilation of summary entries on catastrophic loss, alternative risk transfer, and the Terrorism Risk Insurance Act of 2002 and the Terrorism Risk Insurance Extension Act of 2005, along with references and further reading.
Insurance For Acts Of Terrorism, Robert J. Rhee
Insurance For Acts Of Terrorism, Robert J. Rhee
Faculty Scholarship
This chapter discusses insurance case law arising from acts of terrorism, including those arising from the September 11 attacks. It analyzes the Terrorism Risk Insurance Act of 2002 (TRIA), as amended by the Terrorism Risk Insurance Act of 2005 and the Terrorism Risk Insurance Program Reauthorization Act of 2007, as well as the administrative program created by the legislation. Examples are provided and NAIC Policyholder Disclosure Notice forms are included. Policy considerations surrounding TRIA are also discussed including insurance industry strategies, the difficulties of assessing terrorism risks, the effect of TRIA subsidized insurance on the market, and the benefits and …
Tort Arbitrage, Robert J. Rhee
Tort Arbitrage, Robert J. Rhee
Faculty Scholarship
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the operational realities of the dispute resolution process and the negligence standard. Applying a theory of bargaining based on asset pricing principles of financial economics, this Article argues that there is systematic devaluation of tort claims in the civil litigation system. This results because in essence the parties value different tort transactions, even when they are tied together in a common dispute and view the facts and laws similarly. For the party that can mitigate the risk exposure, the discount to value …
When The "Business Of Insurance" And The State Action Doctrine Burden The Public Adjuster: Stripping Away Antitrust Immunity In The Insurance Field, Julie Galbo
Student Articles and Papers
No abstract provided.
Hurricanes Katrina And Rita: Anti-Concurrent Causation Clauses, Enforcement And Implications, Kimberly Myers
Hurricanes Katrina And Rita: Anti-Concurrent Causation Clauses, Enforcement And Implications, Kimberly Myers
Student Articles and Papers
No abstract provided.
Nearly Blown Away: How Policyholders Affected By Hurricane Katrina May Recover Under Their Homeowner's Insurance Policies In The Face Of Anti-Concurrent Causation Language, Austen Endersby
Student Articles and Papers
No abstract provided.
To-May-To, To-Mah-To; Act Of War, Act Of Terrorism: How Semantics In Insurance Contracts Affect The Public Insurance Adjuster, Megan Reuwer
To-May-To, To-Mah-To; Act Of War, Act Of Terrorism: How Semantics In Insurance Contracts Affect The Public Insurance Adjuster, Megan Reuwer
Student Articles and Papers
No abstract provided.
Civil Authority Order Provisions In Business Interruption Insurance Policies: Why The Unique Circumstances Surrounding The Hurricane Katrina Evacuation Will Result In More Policyholder Recoveries Than Those Received By 9/11 Policyholders, Jennifer Cook
Student Articles and Papers
No abstract provided.
Insurance Coverage Settlements And The Rights Of Excess Insurers, John F. O'Connor
Insurance Coverage Settlements And The Rights Of Excess Insurers, John F. O'Connor
Maryland Law Review
No abstract provided.
Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr
Simple Fairness: Ending Discrimination In Health Insurance Coverage Of Addiction Treatment, Sonja Starr
Faculty Scholarship
No abstract provided.
Before It's Too Late- Addressing Fear Of Genetic Information, Karen H. Rothenberg, Sharon F. Terry
Before It's Too Late- Addressing Fear Of Genetic Information, Karen H. Rothenberg, Sharon F. Terry
Faculty Scholarship
No abstract provided.
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
The Comparative Costs Of Allowing Consumer Choice For Auto Insurance In All Fifty States, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
The Comparative Costs Of Allowing Consumer Choice For Auto Insurance In All Fifty States, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
Maryland Law Review
No abstract provided.
Genetic Discrimination And Health Insurance: An Urgent Need For Reform, Kathy L. Hudson, Karen H. Rothenberg, Lori B. Andrews, Mary Jo Ellis Kahn, Francis S. Collins
Genetic Discrimination And Health Insurance: An Urgent Need For Reform, Kathy L. Hudson, Karen H. Rothenberg, Lori B. Andrews, Mary Jo Ellis Kahn, Francis S. Collins
Faculty Scholarship
No abstract provided.
The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
Maryland Law Review
No abstract provided.
The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg
The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg
Faculty Scholarship
No abstract provided.
The Progression Of Trigger Litigation In Maryland - Determining The Appropriate Trigger Of Coverage, Its Limitations, And Ramifications, Lee H. Ogburn
The Progression Of Trigger Litigation In Maryland - Determining The Appropriate Trigger Of Coverage, Its Limitations, And Ramifications, Lee H. Ogburn
Maryland Law Review
No abstract provided.
On Markets For Risk , Mark Sagoff
Contracting For No-Fault Liability Insurance Covering Doctors And Hospitals, Jeffrey O'Connell
Contracting For No-Fault Liability Insurance Covering Doctors And Hospitals, Jeffrey O'Connell
Maryland Law Review
No abstract provided.
Section 6332(B) Of The Internal Revenue Code: Summary Levy Procedure On Life Insurance Policies - United States V. Prudential Insurance Co. Of America
Maryland Law Review
No abstract provided.
Section 22 Of The Longshoremen's And Harbor Workers' Compensation Act: When Is An Award Not An Award? - Strachan Shipping Co. V. Hollis
Maryland Law Review
No abstract provided.
Workmen's Compensation: Recovery Of Payments Made Pursuant To A Subsequently Reversed Award - St. Paul Fire & Marine Insurance Co. V. Treadwell
Maryland Law Review
No abstract provided.
Aviation Flight Insurance And The Law Of Reformation - Mutual Of Omaha Insurance Co. V. Russell
Aviation Flight Insurance And The Law Of Reformation - Mutual Of Omaha Insurance Co. V. Russell
Maryland Law Review
No abstract provided.
The Role Of The Employer In Employer-Administered Group Insurance Plans - Elfstrom V. New York Life Insurance Company
Maryland Law Review
No abstract provided.
Subrogation In Medical Service Plans And Medical Insurance Policies - Hospital Service Corporation V. Pennsylvania Insurance Company
Maryland Law Review
No abstract provided.
Hostile Fire Doctrine - Barcalo Mfg. Co. V. Firemen's Mutual Ins. Co
Hostile Fire Doctrine - Barcalo Mfg. Co. V. Firemen's Mutual Ins. Co
Maryland Law Review
No abstract provided.
Waiver And Estoppel Used To Extend Insurance Coverage - Ebert V. Balter
Waiver And Estoppel Used To Extend Insurance Coverage - Ebert V. Balter
Maryland Law Review
No abstract provided.