Insurance Law Commons^™

Palsgraf-Ian Proximate Cause And Insurance Law: The State Of New York Additional Insured Coverage Following Burlington Insurance Co. V. Nyc Transit Authority, Ryan P. Maxwell

Buffalo Law Review

No abstract provided.

Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure

Buffalo Human Rights Law Review

No abstract provided.

Managing The Next Deluge: A Tax System Approach To Flood Insurance, Charlene Luke, Aviva Abramovsky

Journal Articles

This Article critiques the National Flood Insurance Program and proposes an alternative insurance plan that would use the strengths of the federal tax system to address the complexities of flood loss and provide basic coverage for all individuals. The Article also discusses the current tax rules applicable to flood loss and proposes methods for harmonizing such rules with the proposed program.

Reinsurance: The Silent Regulator?, Aviva Abramovsky

Journal Articles

No abstract provided.

An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky

Journal Articles

This Article examines the working relationship between the insurance industry and prosecutors in the insurance fraud prosecution context. Both informal and legislatively mandated relationships are examined and funding schemes reviewed. The Article argues that specialized funding of investigators and prosecutors by industry assessment has led to perceptions of industry influence on the impartiality of the prosecutor. The Article then reviews the capacity of perceived influence to chill tort plaintiff lawyer activity. The Article concludes that the potential for conflict exists and is sufficient to warrant due process consideration. Additionally, the Article offers suggestions for potential prophylactic procedural safeguards in the …

Pricing Death: Analyzing The Secondary Market For Life Insurance Policies And Its Regulatory Environment, Sachin Kohli

Buffalo Law Review

No abstract provided.

Insurer Moral Hazard In The Workers' Compensation Crisis: Reforming Cost Inflation, Not Rate Suppression, Martha T. Mccluskey

Journal Articles

This article challenges the standard story of the insurance crisis that led to the near-collapse and major reform of a number of states’ workers’ compensation programs in the 1980s and 1990s.

In the prevailing account, insurance costs rose due to expanding costs of benefits for injured workers’, much of which was blamed on wasteful or abusive "moral hazard" by workers and their lawyers and doctors. Because state regulators had substantial power to control insurance rates, this account claims governments tried to suppress prices in the face of rising benefit costs in a misguided attempt to avoid political trade-offs between labor …

The National Standards For No-Fault Insurance Act: Good Intentions And Bad Federalism, Richard L. Reinhold

Buffalo Law Review

No abstract provided.

Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer

Buffalo Law Review

No abstract provided.

Insurance Premium Financing, Frank A. Valenti

Buffalo Law Review

No abstract provided.

Unemployment Benefits In Labor Controversies: The Anachronisms Of The Establishment Doctrine, Robert A. Barker

Buffalo Law Review

No abstract provided.

Mental Stress And Mental Injury In New York Workmen's Compensation, Peter J. Brevorka

Buffalo Law Review

No abstract provided.

Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg

Buffalo Law Review

Motor Vehicle Acc. Indemnification Corp. v. Eisenberg, 18 N.Y.2d 1, 218 N.E.2d 524, 271 N.Y.S.2d 641 (1966).

Insurance Law—Mvaic—Uninsured Drivers Endorsement Calling For Reduction Of Workmen’S Compensation Payment From “Insured” Claimant’S Award Is Not Contrary To Legislative Intent, Frederick A. Wolf

Buffalo Law Review

Matter of Durant (MVAIC), 15 N.Y.2d 408, 207 N.E.2d 600, 260 N.Y.S.2d 1 (1965).

Insurance Law—Non-Escaping Fire Held To Constitute Hostile Fire, Robert M. Kornreich

Buffalo Law Review

Barcalo Manufacturing Co. v. Firemen's Mutual Insurance Co., 24 A.D.2d 55, 263 N.Y.S.2d 807 (4th Dep't 1965).

Insurance Law—Deduction Of Settlements From Insurance Company’S Liability On Automobile Policy Allowable, Alan S. Carrel

Buffalo Law Review

Duprey v. Security Mutual Casualty Company, 22 App. Div. 544, 256 N.Y.S.2d 987 (1965).

Insurance Law—Mandatory Arbitration—Inadequacy Of Mvaic Arbitration Award Not Grounds For Judicial Review, Richard M. Johnson

Buffalo Law Review

Torano v. Motor Vehicle Accident Indemnification Corp., 15 N.Y.2d 882, 206 N.E.2d 353, 258 N.Y.S.2d 418 (1965), affirming, 19 A.D.2d 356, 243 N.Y.S.2d 434 (lst Dep't 1963).

Insurance—State Regulation Of Credit Life Insurance, Paul J. Di Giulio

Buffalo Law Review

Old Repub. Life Ins. Co. v. Thacher, 12 N.Y.2d 48, 186 N.E.2d 554, 234 N.Y.S.2d 702 (1962).

Insurance—Jury Trial Waived By Life Insurance Beneficiary Through Dilatory Tactics, Richard S. Mayberry

Buffalo Law Review

Phoenix Mutual Life Insurance Company v. Conway, 11 N.Y.2d 367, 183 N.E.2d 754, 229 N.Y.S.2d 740 (1962).

Insurance—Foreign Life Insurer Licensed In State May Control Insurance Firms Engaged In Non-Life Business, Robert D. Stein

Buffalo Law Review

Aetna Casualty and Surety Co. v. O'Connor, 8 N.Y.2d 359, 207 N.Y.S.2d 679 (1960).

Insurance—Rescission Of Automobile Insurance Policy Procured By Fraud, Robert E. Nicely

Buffalo Law Review

Woodson v. New York City Housing Authority, 10 N.Y.2d 30, 217 N.Y.S.2d 31 (1961).

Insurance—Policemen Held "Employees" Under Insurance Policy, Buffalo Law Review

Buffalo Law Review

City of Albany v. Standard Accident Insurance Co., 7 N.Y2d 422, 426, 198 N.Y.S.2d 303, 305 (1960).

Insurance—Policy Construction—Policies Covering Lessor And Lessee Respectively, Buffalo Law Review

Buffalo Law Review

General Accident Fire and Life Ins. Co. v. Piazza, 4 N.Y.2d 659, 176 N.Y.S.2d 976 (1958).

Insurance—Effective Time Of Cancellation, Buffalo Law Review

Buffalo Law Review

Nobile v. Travelers Ins. Co., 4 N.Y. 536, 176 N.Y.S.2d 585 (1958).

Insurance—Conflict Of Laws, Buffalo Law Review

Buffalo Law Review

Morton v. Maryland Cas. Co., 4 N.Y.2d 488, 176 N.Y.S.2d 329 (1958).

Insurance—Jurisdiction Of Supreme Court In Liquidation Of Insolvent Insurance Companies, Buffalo Law Review

Buffalo Law Review

In re Knickerbocker, 4 N.Y.2d 245, 173 N.Y.S.2d 602 (1958).

Insurance—Parol Evidence To Determine Policy Coverage, Buffalo Law Review

Buffalo Law Review

Concoff v. Occidental Life Ins. Co. of Calif, 4 N.Y.2d 630, 176 N.Y.S.2d 660 (1958).

Fraud And False Swearing Clauses In Insurance Contracts, Thomas Beecher

Buffalo Law Review

American Paint Service v. Home Insurance Co. of N.Y., 246 F.2d 91 (3d Cir. 1957).

Insurance—Liability For Injuries To Insured's Spouse, Glenn Morton

Buffalo Law Review

New Amsterdam Casualty Company v. Stecker, 3 N.Y.2d 1, 163 N.Y.S.2d 626 (1957).

Insurance—Indemnification—Accident Involving Vendee Of Named Insured, Richard Kirchgraber, Ronald Malin

Buffalo Law Review

Phoenix Insurance Company v. Guthiel, 2 N.Y.2d 584, 161 N.Y.S.2d 874 (1957); Switzer v. Merchants Mutual Casualty Company, 2 N.Y.2d 575, 161 N.Y.S.2d 867 (1957).