Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Keyword
Articles 1 - 16 of 16
Full-Text Articles in Insurance Law
Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum
Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum
Chad G. Marzen
Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.
Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the various …
The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen
The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen
Chad G. Marzen
One of the currents of change sweeping through the insurance industry is the rise of insurance bad faith liability. There is an emerging legal question today as to whether the individual employee adjusters of insurance companies can be subject to bad faith liability.This article examines the question of whether employee-adjusters of insurance companies can and should be held liable for insurance bad faith liability. Early reported cases involving personal liability for bad faith generally held that insurance company employee adjusters were immune from bad faith claims as they were not in privity of contract with insureds. However, three significant decisions …
Climate Change And Federal Crop Insurance, Chad G. Marzen, Grant Ballard
Climate Change And Federal Crop Insurance, Chad G. Marzen, Grant Ballard
Chad G. Marzen
Public Policy Considerations Concerning Insurance Bad Faith And Residual Market Mechanisms, Chad G. Marzen
Public Policy Considerations Concerning Insurance Bad Faith And Residual Market Mechanisms, Chad G. Marzen
Chad G. Marzen
The question of whether first-party insurance bad faith liability should be extended upon a state-run property insurer is an unresolved one in many jurisdictions. This article contributes to the contemporary literature regarding bad faith in insurance by comprehensively analyzing the history of, the nature of the claims associated with, and public policies concerning the imposition of bad faith liability upon state-run property insurers. This article makes it contribution by arguing the courts should not impose first-party bad faith liability on state-run property insurers who operate in the residual property insurance market.
Hispanics In The Heartland: The Fremont, Nebraska Immigration Ordinance And The Future Of Latino Civil Rights, Chad G. Marzen
Hispanics In The Heartland: The Fremont, Nebraska Immigration Ordinance And The Future Of Latino Civil Rights, Chad G. Marzen
Chad G. Marzen
While Arizona has been labeled by Professor Kristina Campbell as a “modern-day Selma” in the struggle for Latino civil rights, Nebraska has become a state which is a quiet, but promising, state in the movement for Latino civil rights that should not be overlooked. This Article examines not only the issues surrounding the Fremont immigration ordinance, but other recent legislative attempts at the state level to curtail the rights of Latinos in Nebraska. While many such legislative attempts to limit the rights of Latinos in Nebraska have taken place in the past several years, the ruling in the Keller case …
The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen
The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen
Chad G. Marzen
The Republic of Sudan’s material support of terrorism has contributed to the loss of innocent American lives. In 2007, a group of more than 50 surviving family members of 17 United States sailors killed in the October 12, 2000 U.S.S. Cole bombing obtained a $7,956,344 judgment against the Republic of Sudan for its material support of Al-Qaeda that enabled Al-Qaeda to carry out the attack. The award included damages for the sailors’ lost wages and earning potential pursuant to the Death on the High Seas Act, but not for emotional loss. The United States Congress responded by enacting the Justice …
Can (And Should) An Insurance Defense Attorney Be Held Liable For Insurance Bad Faith?, Chad G. Marzen
Can (And Should) An Insurance Defense Attorney Be Held Liable For Insurance Bad Faith?, Chad G. Marzen
Chad G. Marzen
Insurance defense lawyers are faced with many practical and ethical challenges in the contemporary practice of law. Outside of the practical and ethical challenges looms a question concerning insurance bad faith – can (and should) an insurance defense attorney and/or insurance defense law firm ever be held liable for insurance bad faith?
In this article, I state that with the ever-increasing expanse of bad faith liability today, insurance defense attorneys and law firms are potentially next to be encompassed in the liability circle. Today, as a general rule, insurance defense attorneys and law firms are not directly liable to an …
Religion And The Alien Tort Statute, Chad G. Marzen
Religion And The Alien Tort Statute, Chad G. Marzen
Chad G. Marzen
The paper generally discusses the relationship between religion and the Alien Tort Statute.
The Wrap Up Of Wrap-Ups? Owner Controlled Insurance Programs And The Exclusive Remedy Defense, Chad G. Marzen
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, …
Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen
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 …
Charles Sumner: History's Misunderstood Idealist, Chad G. Marzen
Charles Sumner: History's Misunderstood Idealist, Chad G. Marzen
Chad G. Marzen
Few historical figures in the history of the United States have received such contrasting treatment by historians and scholars than Senator Charles Sumner. One view of Sumner mainly focuses on Sumner as a “Cardboard Yankee,” a figure who was arrogantly too tied to principle and was someone who seldom tried to understand others, was lacking in humor, was a pedant, lacked the judgment and self-control to be effective in settling disputes, and was unable to compromise.
A more recent “revised” interpretation of Sumner contends Sumner was driven into reform movements and politics for two reasons: first, that Sumner believed the …
Protecting Statements In Catholic Tribunal Proceedings Under The Priest-Penitent Privilege: Cimijotti V. Paulsen Considered, Chad G. Marzen
Protecting Statements In Catholic Tribunal Proceedings Under The Priest-Penitent Privilege: Cimijotti V. Paulsen Considered, Chad G. Marzen
Chad G. Marzen
No abstract provided.
The Furundzija Judgment And Its Continued Vitality In International Law, Chad G. Marzen
The Furundzija Judgment And Its Continued Vitality In International Law, Chad G. Marzen
Chad G. Marzen
The Furundzija decision of the International Criminal Tribunal for the Former Yugoslavia stands as a landmark decision in international jurisprudence since it not only affirmed that the norm prohibiting torture has attained jus cogens status under international law, but expanded accountability and liability for violations of commission as well as omission. In this essay, I not only address Furundzija’s holdings and its implications in the international sphere, but specifically analyze the legacy of the Furundzija judgment on U.S. domestic civil cases involving the Alien Tort Statute.
Significantly, the Tribunal’s decision not only properly recognizes faults and crimes of commission, but …
The Role Of Custom In Canon, Jewish And Islamic Law: Supplemented, Superseded Or Supplanted By Written Law?, Chad G. Marzen
The Role Of Custom In Canon, Jewish And Islamic Law: Supplemented, Superseded Or Supplanted By Written Law?, Chad G. Marzen
Chad G. Marzen
Custom can be a compelling source of law and supplements, even supersedes, written, codified law in religious traditions. In this essay, I address the relationship between custom and written, codified law in three religious legal traditions: the Roman Catholic Canon Law tradition, Jewish law, and Islamic law.
In the Roman Catholic Canon Law tradition, customary law reflects the values critical to community life and while it cannot contravene divine law, customary law, if reasonable, can become law even if customs contradict written canonical norms. In Jewish law, custom (minhag) is a source of rabbinic law and can even supersede halakhah …
The Holy See's Worldwide Role And International Human Rights: Solely Symbolic?, Chad G. Marzen
The Holy See's Worldwide Role And International Human Rights: Solely Symbolic?, Chad G. Marzen
Chad G. Marzen
The Holy See has been actively involved in international relations since its very beginnings. Today, its role in the formation of international human rights instruments is seen by many as “symbolic,” based largely on its concerns as a universal moral witness to humanity.
In this paper, I contend that the Holy See’s role in promoting human rights in international affairs is not solely symbolic; rather, its diplomacy is based more on pragmatic considerations of promoting its conceptions of the universal common good and the fundamental right to life than is currently recognized. By examining the Beijing and Cairo Conferences, and …
Liability For Terrorism In American Courts: Aiding-And-Abetting Liability Under The Fsia State-Sponsor Of Terrorism Exception And The Alien Tort Statute, Chad G. Marzen
Chad G. Marzen
The issue of liability for terrorism and supporting terrorism in American domestic courts is one of the most active issues of current judicial decisionmaking in the area of foreign affairs. Through the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act and the Alien Tort Statute, liability extends to foreign governments (in the FSIA context) and to foreign governments, nonstate actors, or nonstate actors acting under color of law (under the ATS) when they provide support to terrorist activities.
In an October 2007 decision, the Second Circuit Court of Appeals in the Khulumani case held that a defendant is liable …