Insurance Law Commons^™

2015-2016 Legislative Summary, Assembly Committee On Insurance

California Agencies

No abstract provided.

Insurance, Robert A. Seligson

Cal Law Trends and Developments

No abstract provided.

Insurance, Robert A. Seligson

Cal Law Trends and Developments

Possibly the most important decision in the insurance field in 1968 involved not the rights and obligations of an insurance carrier per se but rather those of an attorney selected by the carrier to protect and defend its insured. In Lysick v. Walcom, the appellate court held that an attorney who is employed by an insurance company to defend an action arising out of an accident involving an insured represents both the insured and the insurer and owes to both a high duty of care imposed both by statute and the rules governing professional conduct.

Insurance, Robert A. Seligson

Cal Law Trends and Developments

Any discussion of California insurance decisions and developments in the past year must perforce start with the fall of 1966, since 1967 was the year in which the insurance industry was confronted with greatly expanded rules on the duty to defend, the duty to settle within limits and rising above all, like a Colossus sprung from the deep, the tortured decision of Pacific Employers Insurance Company v. Maryland Casualty Company, which threatened to convert policies written for totally different purposes into automobile liability policies at the drop of a hat and with nary a premium.

Hiding Behind Policy: Confusing Compensation With Indemnification, Jennifer A. Emmaneel

Golden Gate University Law Review

In PPG Industries, Inc. v. Transamerica Insurance CO., the California Supreme Court held that an insurer may not indemnify its insured for a punitive damages judgment in a third party action. Even if the excess judgment is the result of the insurer's bad faith breach of its duty to settle a third party action on behalf of its insured, an insured may not recover if it seeks compensatory damages that include a punitive damages judgment. The California Supreme Court found that to conclude otherwise would violate California's long established public policy precluding indemnification of punitive damages. This Note examines the …

Moradi-Shalal V. Fireman's Fund Insurance Companies: The Overruling Of Royal Globe And Its Ramifications, Randolph Stevenson Hom

Golden Gate University Law Review

This Note will analyze the reasoning utilized by the Moradi-Shalal court in overruling Royal Globe and also analyze its concomitant effects upon the rights of third party claimants. Third party claimants' alternatives to a Royal Globe action will then be considered, such as third party actions by assignment from the insured, and third party private causes of action against insurers pursuant to California Business & Professions Code Section 17200 et seq.

Litigating Incest Torts Under Homeowner's Insurance Policies, Christine Cleary

Golden Gate University Law Review

This Comment will address insurers' liability for incest torts under standard homeowner's insurance policies. It primarily will examine potential liability in light of the intentional act and household exclusions which are typically contained in homeowner's policies.

Murphy's Law: The Pan Am Corollary, David V. Ainsworth

Golden Gate University Law Review

The venerable tension between marine protection and indemnity underwriters and marine cargo risk underwriters has increased materially as the result of a 1977 decision by the United States Court of Appeals for the Ninth Circuit in Pan American World Airways, Inc. v. California Stevedore and Ballast Co. (Pan Am). This decision is already breeding litigation, and there will certainly be more to come. Unfortunately, due to a scholastically and technically erroneous reading of the case by some members of the admiralty bar and bench, it is also causing practical problems for carriers and cargo interests alike.

Ninety Years Of Health Insurance Reform Efforts In California, California Research Bureau

California Agencies

This report will provide an overview of legislative and gubernatorial efforts to increase the number of Californians with health insurance. It will review the state's health care policy for the medically indigent for the period from 1918 until the present, and will describe legislative proposals to increase the number of insured. The review will also indicate whether the proposals were financed by regressive or progressive revenue taxes, fees, or insurance premiums. Over that period, legislators introduced at least 44 measures to reduce the number of medically uninsured people in California. There also were four ballot measures that would have increased …

Federal Tax Incentives For Health Insurance, California Research Bureau

California Agencies

The treatment of health insurance and health care expenses in the Internal Revenue Code (IRC) is the primary means by which the federal government encourages health insurance coverage. For most working Americans and their families, tax treatment of health expenses depends largely on whether their health plan is paid for by an employer, whether they are self-employed, and whether they itemize deductions and have medical expenses that exceed 7.5 percent of their adjusted gross income (AGI)1 This brief describes federal tax incentives for health insurance, and their combined implications for costs and coverage.

International Air Carrier's Liability To Passengers Under The Warsaw Convention 1929 And The Montreal Convention 1999, Jiang Bo

Theses and Dissertations

The Warsaw Convention 1929, officially referred to as the Convention for the Unification of Certain Rules Relating to International Transportation by Air, established and elaborated, as one of its major tenets, the principle of the air carrier's liability for damage caused to passengers, baggage and goods, and also for damage caused by delay.

The rules of the Warsaw Convention are being applied all over the world and have demonstrated their reliability and usefulness. The passenger knows that, wherever and whenever he flies, there is a certain degree of uniformity in the rules governing the carrier's liability, while the carrier, being …

Oakland Hills Firestorm: Insurance Issues, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Illegal Discrimination In Health Insurance, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) December 4, 1991, Senate Subcommittee On Earthquake Insurance

California Senate

No abstract provided.

Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) November 25, 1991, Senate Subcommittee On Earthquake Insurance

California Senate

No abstract provided.

Oversight Hearing On Implementation Of Sb 2902 (California Residential Earthquake Recovery Act) November 6, 1991, Senate Subcommittee On Earthquake Insurance

California Senate

No abstract provided.

Hearing On California Residential Earthquake Recovery Act, Chapter 1165 Of 1990 (Sb 2902 - Hill), Senate Subcommittee On Earthquake Insurance

California Senate

No abstract provided.

Hearing On The Loma Prieta Earthquake: An Examination Of Earthquake Insurance Property Damage, December 13, 1989, Senate Subcommittee On Earthquake Insurance

California Senate

No abstract provided.

Hearing On The Loma Prieta Earthquake: An Examination Of Earthquake Insurance Property Damage, December 8, 1989, Senate Subcommittee On Earthquake Insurance

California Senate

No abstract provided.

Proposition 103 And Automobile Insurance, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Implementation Of Proposition 103, September 8, 1989, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Implementation Of Proposition 103, August 28, 1989, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Ralph Nader Gives Recommendations On Insurance Reform Post Proposition 103, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

State Farm Insurance Company Rate Increase And The Insolvency Of Coastal Insurance Company, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Hearing On Enforcement Of Proposition 103 By The Insurance Department, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Hearing On Update On Enforcement Of Proposition 103, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Hearing On Proposition 103 Insurance Reform, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Insurance Companies' Post Proposition 103 Marketing Practices, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.

Interim Hearing On Proposals For A Statewide Voluntary Health Coverage Plan, Assembly Committee On Finance And Insurance

California Assembly

No abstract provided.

The Insurance Crisis: A Case Of Legislative Reform (Part Ii), Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.