Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (3)
- Labor and Employment Law (3)
- Legislation (3)
- Business Organizations Law (2)
- Criminal Law (2)
-
- Environmental Law (2)
- Law and Gender (2)
- Property Law and Real Estate (2)
- Social Welfare Law (2)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Criminal Procedure (1)
- European Law (1)
- Family Law (1)
- International Law (1)
- Juvenile Law (1)
- Legal Ethics and Professional Responsibility (1)
- State and Local Government Law (1)
- Taxation-State and Local (1)
- Torts (1)
- Institution
- Keyword
-
- Benefits (2)
- Doctors (2)
- Health insurance (2)
- Insurance (2)
- Law reform (2)
-
- Patients (2)
- Unemployment (2)
- Unemployment insurance (2)
- Automobile insurance/North Carolina (1)
- Compensatory damages/North Carolina (1)
- Abuse-Related Medical Costs (1)
- Abused women (1)
- Agency (1)
- Allstate Insurance Co. v. Patterson (1)
- Ambiguity (1)
- Annual Survey of Virginia Law (1)
- Automobile insurance (1)
- Baker v. State Farm Mutual Auto Insurance Co. (1)
- Battered Women (1)
- Bennet v. Virginia Life Accident and Sickness Insurance Guar. Ass'n (1)
- CGL (1)
- Carr v. Home Insurance Company (1)
- Childbirth (1)
- Children (1)
- Comparative cost (1)
- Comprehensive general liability policy (1)
- Contra proferentem (1)
- Cotchan v. State Farm Fire & Casualty Co. (1)
- Coverage (1)
- Domestic Violence (1)
Articles 1 - 19 of 19
Full-Text Articles in Insurance Law
A Theory Of Insurance Policy Interpretation, Kenneth S. Abraham
A Theory Of Insurance Policy Interpretation, Kenneth S. Abraham
Michigan Law Review
The first principle of insurance law is captured by the maxim contra proferentem, which directs that ambiguities in a contract be interpreted "against the drafter," who is almost always the insurer. Yet given the modern recognition that language is an inherently imperfect instrument for communicating meaning, insurance policy provisions are in a sense always ambiguous. Moreover, in addition to contra proferentem, policyholders may invoke such allied doctrines as waiver, estoppel, and the rule that the reasonable expectations of the insured should be honored even if those expectations are unambiguously contradicted by fine-print provisions in the policy. Contra proferentem and these …
Insurance, Ralph F. Simpson
Insurance, Ralph F. Simpson
Mercer Law Review
Since 1966, Professor Maximilian A. Pock has been the author of the Insurance section of the Annual Survey of Georgia Law. During this period of time, his scholarly analysis of and keen insight into the decisions of the Georgia Appellate Courts have been of great benefit to those of us whose practice dictates that we stay abreast of the trends and movements of the courts as shown by their published opinions. Contributing to a publication such as the Annual Survey of Georgia Law is no easy task, but continuing to do so for such an extended period of time …
Democratizing Hmo Regulation To Enforce The "Rule Of Rescue", Kent G. Rutter
Democratizing Hmo Regulation To Enforce The "Rule Of Rescue", Kent G. Rutter
University of Michigan Journal of Law Reform
Despite heightened public concern about HMOs, misguided regulatory measures have not guaranteed HMO patients access to the treatment options many consider vital. This Note recommends four changes to the current regulatory system that would preserve HMOs' ability to control health care costs while allowing patients and doctors, rather than lawmakers or HMO administrators, to set health care priorities.
Essay—Insurance Coverage For Environmental Clean-Up Costs Under Comprehensive General Liability Policies, Jim L. Julian, Charles L. Schlumberger
Essay—Insurance Coverage For Environmental Clean-Up Costs Under Comprehensive General Liability Policies, Jim L. Julian, Charles L. Schlumberger
University of Arkansas at Little Rock Law Review
No abstract provided.
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
University of Michigan Journal of Law Reform
President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …
Waiver Of Sovereign Immunity: An Analysis Of Gilbert V. Richardson, Susan Hurt
Waiver Of Sovereign Immunity: An Analysis Of Gilbert V. Richardson, Susan Hurt
Mercer Law Review
In Gilbert v. Richardson, the Georgia Supreme Court addressed the issue of whether a county waives its sovereign immunity by purchasing liability insurance. On September 1, 1991, Deputy Kathy Richardson responded to an emergency call and collided with Emma and Tommy Gilbert's vehicle. Both Gilberts were injured. The Gilberts brought suit against the Walker County Sheriff's Department, the sheriff, and a deputy sheriff. Plaintiffs alleged that Sheriff Millard, as the employer of the deputy sheriff, was liable for the acts of the deputy while she was acting within the course of her employment. Walker County's Georgia Interlocal Risk Management …
The Eleventh Circuit Gives The Banking Industry A Lesson About Reverse Preemption In Barnett Bank Of Marion County, Na. V. Gallagher, Jess Pinkerton
The Eleventh Circuit Gives The Banking Industry A Lesson About Reverse Preemption In Barnett Bank Of Marion County, Na. V. Gallagher, Jess Pinkerton
Mercer Law Review
Recently, in Barnett Bank of Marion County, N.A. v. Gallagher, the United States Court of Appeals for the Eleventh Circuit was presented with the question of whether Florida's prohibition against affiliations between banks and insurance agents was protected from preemption by the McCarran-Ferguson Act. The appellant, Barnett Marion, is a subsidiary of Barnett Banks, Inc., the largest bank holding company centered in Florida. Barnett Marion maintains its principal place of business in Ocala, Florida; however, it owns and operates a branch in Belleview, Florida, a locality where the population is less than five thousand. On October 18, 1993, Barnett …
Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov
Clarifying Conditions For Nonmonetary Eligibility In The Unemployment Insurance System, Amy B. Chasanov
University of Michigan Journal of Law Reform
This Article explores the nonmonetary eligibility requirements that unemployed individuals must meet in order to receive Unemployment Insurance (UI) benefits. These eligibility criteria, which are decided by the states, vary significantly. Because states often have relatively vague statutes regarding their specific nonmonetary eligibility criteria, state rules, regulations, and case law interpret these statutes and better define the criteria. The author discusses the results of a recent survey of UI nonmonetary eligibility criteria which provides information on the status of criteria across the nation than has been available previously. The author concludes that policy reform in this area should be focused …
The Comparative Costs Of Allowing Consumer Choice For Auto Insurance In All Fifty States, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
The Comparative Costs Of Allowing Consumer Choice For Auto Insurance In All Fifty States, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
Maryland Law Review
No abstract provided.
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Indiana Law Journal
No abstract provided.
Land Title Issues For Countries In Transition: The American Experience, 29 J. Marshall L. Rev. 799 (1996), Hugh A. Brodkey
Land Title Issues For Countries In Transition: The American Experience, 29 J. Marshall L. Rev. 799 (1996), Hugh A. Brodkey
UIC Law Review
No abstract provided.
Third Party Liability Or The False Claims Act: It Is Time For Consultants To Pay The Price For Their Bad Advice, 29 J. Marshall L. Rev. 923 (1996), Neal A. Cooper
UIC Law Review
No abstract provided.
Automobile Insurance Policies Build "Write-Away" Around Frolic And Detour, A Persistent Problem On The Highway Of Torts, William A. Wines
Automobile Insurance Policies Build "Write-Away" Around Frolic And Detour, A Persistent Problem On The Highway Of Torts, William A. Wines
Campbell Law Review
This article reviews the controversy surrounding the "frolic and detour" doctrine, looks at the Restatement (Second) of Agency position on the question, and examines a standard of automobile insurance policy containing the permissive user clause. Next, the results of an empirical test of whether the frequency of litigation has decreased in the "frolic and detour" area is presented.
The Two-Way Street Of Insurance Good Faith: Under Construction, But Not Yet Open, Douglas R. Richmond
The Two-Way Street Of Insurance Good Faith: Under Construction, But Not Yet Open, Douglas R. Richmond
Loyola University Chicago Law Journal
No abstract provided.
Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes
Procedural Reform In The Unemployment Insurance System, Marla D. Clark, Jesse S. Reyes
University of Michigan Journal of Law Reform
In the 1990s, we have witnessed a political movement toward smaller governament and reduced federal funding for social benefits programs. At the same time, evidence suggests that the unemployment insurance (UI) system as it works today still may not benefit all of its intended recipients. The need for improved UI services and the scarcity of resources available to meet this need create a tension between political pressures and constitutional considerations of fairness and due process. While constitutional considerations always override political pressures, the real issue is where to strike the appropriate balance between fundamental fairness and economic reality.
Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook
Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook
University of Miami Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Insurance Law, Beverly W. Snukals, Fiona M. Tower
Annual Survey Of Virginia Law: Insurance Law, Beverly W. Snukals, Fiona M. Tower
University of Richmond Law Review
This article addresses the significant case decisions and statutory changes in the past year in the field of insurance. Most of the cases involved automobile insurance coverage. Other cases involved insurance agent liability, duty of good faith to third party beneficiaries, and interpretation of general liability policies. The statutory changes were minor amendments to statutes dealing with medical payments coverage and cancellation of motor vehicle insurance policies.
Consumer Choice In The North Carolina Auto Insurance Market, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse, Bradley Miliauskas
Consumer Choice In The North Carolina Auto Insurance Market, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse, Bradley Miliauskas
Campbell Law Review
No abstract provided.