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Articles 1 - 3 of 3
Full-Text Articles in Insurance Law
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
Michigan Law Review
This Note argues that because homeowners insurance is central to homeownership, the FHA applies to insurance underwriting policies, such as those mentioned above, that have a disparate impact on minority potential homeowners. Part I considers whether the FHA applies to homeowners insurance and concludes that homeowners insurance is covered by the Act. Part II goes on to argue that the FHA applies to homeowners insurance even where the discrimination results from disparate impact, rather than from disparate treatment. Finally, Part III analyzes the above-mentioned policies of the insurance industry under the FHA disparate impact standard.
Contra Proferentem: The Allure Of Ambiguous Boilerplate, Michelle E. Boardman
Contra Proferentem: The Allure Of Ambiguous Boilerplate, Michelle E. Boardman
Michigan Law Review
Bad boilerplate can shake one' s faith in evolution; not only does it not die away, it multiplies. The puzzle is why. Much of boilerplate is ambiguous or incomprehensible. This alienates consumers and is i ncreasingly punished by courts construing the language against the drafter. There must, therefore, be some hidden allure to ambiguous boilerplate. The popular theory is trickery: drafters lure consumers in with promising language that comes to nothing in court. But this trick would require consumers to do three things they do not do-read the language, understand it, and take comfort in it. There is a hidden …
Daedalean Tinkering, Sean J. Griffith
Daedalean Tinkering, Sean J. Griffith
Michigan Law Review
Part I of this Review describes Skeel's account of corporate scandal, focusing on the central theme of excessive risk-taking. Part II examines Skeel's most original policy proposal-the creation of an investor insurance scheme to protect against excessive risk. Although the proposal takes up only a few pages of the book, it targets the books' core concern-the risk of corporate fraud. In evaluating the proposed investor insurance regime, this Review raises a set of objections based on cost and administrability and argues that an insurance regime would be duplicative of existing mechanisms that effectively spread the risk of financial fraud. Part …