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Full-Text Articles in Insurance Law
The "Sudden And Accidental" Exception To The Pollution Exclusion Clause In Comprehensive General Liability Insurance Policies: The Gordian Knot Of Environmental Liability, Sharon M. Murphy
Vanderbilt Law Review
From 1973 to 1985, comprehensive general liability (CGL) insur- ance policies contained a pollution exclusion clause.' The plethora of litigation spawned by this clause, however, has done little to clarify either its meaning or its relationship to the policy as a whole.' Uncertainty regarding the scope of liability coverage under this clause drives many of the hazardous waste and toxic tort lawsuits filed. Courts have interpreted the pollution exclusion clause variously, often admitting that the law in this area is a confusing array of policy arguments and conflicting drafting histories. Part II of this Note sets forth the historical framework …
The Myth Of The Liability Insurance Claims Explosion: An Empirical Rebuttal, David J. Nye, Donald G. Gifford
The Myth Of The Liability Insurance Claims Explosion: An Empirical Rebuttal, David J. Nye, Donald G. Gifford
Vanderbilt Law Review
A perceived crisis in the nation's liability insurance system erupted in 1986. Some businesses saw their insurance premiums double in a period of two years, and others found the coverages they required to-tally unavailable. While trial lawyers and consumer groups asserted that insurance company investment and pricing practices, as well as huge profits, had caused the crisis, others alleged that an increased"claims consciousness" among the American public had spawned the liability insurance affordability and availability problems. Richard Berman, a national representative of the United States Chamber of Commerce, proclaimed that the judicial system had "gone berserk" and that litigation was …
Creditors' Rights And Security Transactions -- 1963 Tennessee Survey, Forrest W. Lacey
Creditors' Rights And Security Transactions -- 1963 Tennessee Survey, Forrest W. Lacey
Vanderbilt Law Review
Mechanics Liens
Hammer-Johnson Supply, Inc. v. Curtis,' presented a new aspect of the recurring question of the duty of a supplier of materials to apply payments from a known source to the debt incurred for that source.
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Assets Available to Creditors
In re Jennings' presented the question of whether the proceeds from a medical payment clause of a liability insurance policy are free from the claim of creditors.
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Miscellaneous
In Murdock Acceptance Corp. v. Jones, a deed of trust was executed by Jones and his wife to secure payment of "$5000.00, together with any and all other indebtedness …
Insurance--1959 Tennessee Survey, William R. Andersen
Insurance--1959 Tennessee Survey, William R. Andersen
Vanderbilt Law Review
What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …
Insurance, Robert W. Sturdivant
Insurance, Robert W. Sturdivant
Vanderbilt Law Review
One of the most significant decisions during the past year in the field of liability insurance was that of the Court of Appeals in the case of Southern Fire & Casualty Co. v. Norris.' The case involved the duty of a liability insurer toward the insured in the settlement of claims. As early as 1928, the Supreme Court of Tennessee held that the insurer has an obligation toward the insured to use good faith in the conduct of litigation and in the settlement of claims when the insurer assumes control of a case under the provisions of its policy.