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Insurance Law Commons

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Full-Text Articles in Insurance Law

Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii Jan 1998

Insurance, Contract, And The Doctrine Of Reasonable Expectations, Robert H. Jerry Ii

Faculty Publications

This article examines the connections between the doctrine of reasonable expectations and the law of contract. Judge Keeton urged in his 1970 article that protecting the insured's reasonable expectations is a better justification for results in many reported cases than the rationales offered by judges! Without disagreeing with that point, it can be claimed, as this article does, that insurance law's efforts to explain outcomes that contradict the plain language of contractual text are appropriately viewed as a subset of a larger effort to rationalize contract law with the challenges presented by the widespread use of standardized forms in consumer …


Getting A Handle On Coverage Decisions: If Not Case Law, Then What - Comments On A Paper By Professor William Sage, Maxwell J. Mehlman Jan 1998

Getting A Handle On Coverage Decisions: If Not Case Law, Then What - Comments On A Paper By Professor William Sage, Maxwell J. Mehlman

Faculty Publications

Comments on Professor William Sage's paper "Judicial Opinons Involving Health Insurance Coverage: Trope L'Oeil or Window on the World."