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Full-Text Articles in Insurance Law
Principles Of Insurance Law, Peter N. Swisher
Principles Of Insurance Law, Peter N. Swisher
Law Faculty Publications
No abstract provided.
From Coverture To Contract: Engendering Insurance On Lives, Mary L. Heen
From Coverture To Contract: Engendering Insurance On Lives, Mary L. Heen
Law Faculty Publications
In the 1840s, state legislatures began modifying the law of marital status to ease the economic distress of widows and children at the family breadwinner's death. Insurance-related exceptions to the common law doctrine of "marital unity" under coverture permitted married women to enter into insurance contracts and protected life insurance proceeds from their husbands' creditors. These early insurance-related statutory exceptions to coverture introduced an important theoretical question that persisted for the rest of the nineteenth century-and into the next-as broader legal and social reforms took hold. How could equality of contract for married women be reconciled with the traditional dependencies …
Liability Insurance Coverage For Clergy Sexual Abuse Claims, Peter N. Swisher
Liability Insurance Coverage For Clergy Sexual Abuse Claims, Peter N. Swisher
Law Faculty Publications
This article addresses issues that arise when a policyholder under a standard general liability insurance policy, not containing an express sexual abuse coverage endorsement (or an express sexual abuse exclusion), seeks insurance coverage for sexual abuse claims. Such cases continue to increase in frequency as the legacy of sexual abuse and molestation generates an unrelenting deluge of insurance coverage claims.
The purpose of this article is to explore and analyze the case law and various legal theories supporting and rejecting liability insurance coverage claims involving institutional sexual abuse allegations. This article concludes by recommending a better-reasoned objective concurrent causation legal …