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Articles 1 - 25 of 25
Full-Text Articles in Insurance Law
Insurance, Maximilian A. Pock
Insurance, Maximilian A. Pock
Mercer Law Review
The Georgia Supreme Court and Georgia Court of Appeals have handed down over eighty insurance cases during this past survey year. A surprising number of these are cases of first impression. The Uninsured Motorist Act spawned about thirteen percent of the total volume of decided cases, a fact which is not surprising if one keeps in mind that the general litigation proneness of uninsured and underinsured legislation is a well-documented national phenomenon. It is estimated that one of five drivers in this country is uninsured. This can hardly be the case in Georgia. Yet, one must remember that even under …
Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph
Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph
BYU Law Review
No abstract provided.
Department Of Insurance, M. A. Frasca, C. Knight, S. Olender, R. C. Fellmeth
Department Of Insurance, M. A. Frasca, C. Knight, S. Olender, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
The Supreme Court In Flames: Fire Insurance Decisions After Kosmopoulos, Reuben A. Hasson
The Supreme Court In Flames: Fire Insurance Decisions After Kosmopoulos, Reuben A. Hasson
Osgoode Hall Law Journal
This article examines three recent Supreme Court of Canada decisions on fire insurance after the historic Kosmopoulos decision. In all three cases, the author finds a distressing lack of concern with relevant statutory provisions, policy arguments, and precedent. Responsibility for this deplorable state of affairs must be shared between the Court and counsel. Insurance law is a very complex body of law, deserving as much care as that of, say, the law of the Charter.
Developments In West Virginia's Insurance Bad Faith Law--Where Do We Go From Here, Thomas V. Flaherty, Rebecca L. Ross, Michael D. Sullivan, Charles T. Blair
Developments In West Virginia's Insurance Bad Faith Law--Where Do We Go From Here, Thomas V. Flaherty, Rebecca L. Ross, Michael D. Sullivan, Charles T. Blair
West Virginia Law Review
No abstract provided.
John Hancock Mutual Life Insurance Co. V. Harris Trust & Savings Bank: Guaranteed Benefit Policy Exclusion Holds No Guarantee For Insurers From Erisa's Fiduciary Standards, Shane C. Deleon
Mercer Law Review
This case came before the Supreme Court of the United States to decide whether the fiduciary obligations of the Employee Retirement Income Security Act of 1974 ("ERISA") apply to an insurance company's annuity contracts, or whether they were within the guaranteed benefit policy exclusion. The defendant-petitioner, John Hancock Mutual Life Insurance Co. and the plaintiff-respondent, Harris Trust & Savings Bank, acting as trustee for a Sperry Rand Corp. Retirement Plan, were parties in a participating group annuity titled Group Annuity Contract No. 50 ("GAC50") In participating group annuity contracts, deposits made to secure retiree benefits are placed with the insurer's …
Regulating Viatical Settlements: Is The Invisible Hand Picking The Pockets Of The Terminally Ill?, Russell J. Herron
Regulating Viatical Settlements: Is The Invisible Hand Picking The Pockets Of The Terminally Ill?, Russell J. Herron
University of Michigan Journal of Law Reform
The newly emerging viatical settlement industry has attracted considerable attention from both insurance regulators and advocates for the terminally ill. In a viatical settlement, a terminally ill person names a viatical settlement company as beneficiary under his life insurance policy in exchange for an immediate lump-sum cash payment of less than face value of the policy. To date, viatical settlement payments to people with AIDS (PWAs) have been disturbingly low as a percentage of the face value of PWA policies. This Note examines the few enacted viatical settlement regulations and the National Association of Insurance Commissioners' model regulations as they …
On Our Own: Strategies For Securing Health And Retirement Benefits In Contingent Employment, Gwen Thayer Handelman
On Our Own: Strategies For Securing Health And Retirement Benefits In Contingent Employment, Gwen Thayer Handelman
Washington and Lee Law Review
No abstract provided.
Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson
Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson
William & Mary Law Review
No abstract provided.
Strict Compliance With Marine Insurance Contracts: Conflicting Rules In The Ninth Circuit, Rhea D. Pappas-Ward
Strict Compliance With Marine Insurance Contracts: Conflicting Rules In The Ninth Circuit, Rhea D. Pappas-Ward
Washington Law Review
Under the federal admiralty "strict compliance rule," a policy of marine insurance is voided by an insured vessel owner's failure to comply with express policy terms or "warranties." Although recognized and applied by a majority of the federal circuits, the strict compliance rule has been improperly ignored by a handful of district courts within the Ninth Circuit. Instead, by misapplying the holding of Wilburn Boat v. Fireman's Fund Insurance Co., a 1955 Supreme Court case, and by ignoring the Ninth Circuit's interpretation of Wilburn Boat in Bohemia, Inc. v. Home Insurance Co., these district courts have turned to …
West Virginia's Automobile Insurance Policy Laws: A Practitioner's Guide, Thomas C. Cady, Christy Hardin Smith
West Virginia's Automobile Insurance Policy Laws: A Practitioner's Guide, Thomas C. Cady, Christy Hardin Smith
West Virginia Law Review
No abstract provided.
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Villanova Law Review
No abstract provided.
Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo
Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr.
Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr.
University of Richmond Law Review
The Supreme Court of Virginia has recently decided several significant cases in the insurance realm. The court has been most active, at least in number of cases, in the field of uninsured [UM] and underinsured motorist [UIM] coverages, followed closely by decisions affecting automobile liability insurance policies. Although no clearly discernable trend appears to have been established by the court's insurance decisions in the past year, several observations may be made of the cases, as well as the court's general philosophy of judicial interpretation of insurance policies. "An insurance policy is a contract; therefore, we give the words used in …
The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos
The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos
UIC Law Review
No abstract provided.
The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
Maryland Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Seattle University Law Review
Most workers' compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington's Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker's injuries are caused by the negligence of a third person who is not in the worker's same employ, the IIA's third-party provision …
Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner
Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner
UIC Law Review
No abstract provided.
The Medicaid Cost Crisis: Are There Solutions To The Financial Problems Facing Middle-Class Americans Who Require Long-Term Health Care, Kenneth Hubbard
The Medicaid Cost Crisis: Are There Solutions To The Financial Problems Facing Middle-Class Americans Who Require Long-Term Health Care, Kenneth Hubbard
Cleveland State Law Review
Medicaid was originally designed as a welfare program to provide healthcare to the poor. Despite the initial intentions of Congress, Medicaid has instead become "a multi-billion-dollar insurance policy" for elderly middle-class Americans who require long-term health care. The Medicaid crisis has been described as "a battle between elderly people's desire for long-term care coverage and their concomitant reluctance to pay for it themselves." This battle is waged between the older and younger generations, commencing when the younger generation observes that their inheritance is growing smaller or disappearing altogether due to the immense cost of their parents' long-term health care.
Insurance Coverage For Wrongful Employment Practices, Douglas R. Richmond
Insurance Coverage For Wrongful Employment Practices, Douglas R. Richmond
Oklahoma Law Review
No abstract provided.
The Entitlement Exclusion In The Personal Auto Policy: The Road To Reducing Litigation In Permissive Use Cases Or A Dead End?, Darla L. Keen
The Entitlement Exclusion In The Personal Auto Policy: The Road To Reducing Litigation In Permissive Use Cases Or A Dead End?, Darla L. Keen
Kentucky Law Journal
No abstract provided.
Underinsured Motorist Coverage: North Carolina's Multiple Claimant Wrinkle - Ray V. Atlantic Casualty Insurance Co., Paul J. Osowski
Underinsured Motorist Coverage: North Carolina's Multiple Claimant Wrinkle - Ray V. Atlantic Casualty Insurance Co., Paul J. Osowski
Campbell Law Review
This Note traces the development of UIM coverage in North Carolina by examining the statutory and judicial history preceding Ray v. Atlantic Casualty Insurance Co. This Note then analyzes the rationale behind the court's holding in Ray and compares the decision to cases on point in other jurisdictions. Next, this Note examines the holdings in Ray and Harris v. Nationwide Mutual Insurance Co. in light of the legislative purpose behind the Motor Vehicle Safety and Financial Responsibility Act. And finally, this Note addresses the ramifications of Ray, including the effect of the decision and any remaining questions.
Morton International V. General Accident Insurance Co.: The New Jersey Supreme Court Defines The Scope Of The Qualified Pollution Exclusion Clause In Comprehensive General Liability Policies, Jennifer Goodman
Villanova Environmental Law Journal
No abstract provided.