Open Access. Powered by Scholars. Published by Universities.®

Insurance Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Insurance Law

Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine Sep 2005

Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine

Jonathan C. Augustine

Appellate practice and procedure is a specialized field. In several ways, the written and oral advocacy skills essential for success in appellate practice are very different from those used by trial court practitioners. This Article’s was written to highlight some of those differences and to recommend strategies for success in appellate practice. This Article, written by a seasoned appellate advocate and former Louisiana Supreme Court law clerk, provides a practical perspective on keys to successful appellate advocacy, using the governing rules and procedures of Louisiana’s judicial system as case study. In addition to detailing the various standards of review under …


Advertisements Misrepresentation And Remedies, Narsimha Rao A.V Aug 2005

Advertisements Misrepresentation And Remedies, Narsimha Rao A.V

Dr. A.V Narsimha Rao

Advertisements, with their effective designs and statements, influence people in their decision-making. With the exaggerated information, advertisments mislead and dissatisfy the consumer, who in turn becomes a bad advertiser. Due to this, the advertisers face embarrassing situations and pay a heavy price for their mistake. So it is essential to formulate a policy for advertising and make sure they work within the legal framework and in accordance with the codes created for the purpose of maintaining advertisement standards.


Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr. Jan 2005

Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr.

Yehuda Adar Dr.

Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …


E Pluribus Unum -- Out Of Many, One: Why The United States Needs A Single Financial Services Agency, Elizabeth F. Brown Jan 2005

E Pluribus Unum -- Out Of Many, One: Why The United States Needs A Single Financial Services Agency, Elizabeth F. Brown

Elizabeth F Brown

The United States needs to consolidate the over 115 existing state and federal agencies that regulate banking, securities and insurance firms and their products and services into a single, federal financial services agency; a U.S. Financial Services Agency (“US FSA”). The US FSA would be able to more effectively regulate the U.S. financial services industry than the existing regulatory regime. The current U.S. financial regulatory regime suffers from a range of problems, including an inability to anticipate and plan for future financial crises, an inability by regulators to quickly adapt to market innovations and developments, inconsistent regulations for financial products …


Erisa: State Regulation Of Insured Plans After Davila, Donald Bogan Dec 2004

Erisa: State Regulation Of Insured Plans After Davila, Donald Bogan

Donald T. Bogan

No abstract provided.


Erisa: No Further Inquiry Into Conflicted Plan Administrator Claim Denials, Donald Bogan, Benjamin Fu Dec 2004

Erisa: No Further Inquiry Into Conflicted Plan Administrator Claim Denials, Donald Bogan, Benjamin Fu

Donald T. Bogan

No abstract provided.


The Ponderosa Claim: Opic Concludes That Argentina Violated International Law, Perry S. Bechky Dec 2004

The Ponderosa Claim: Opic Concludes That Argentina Violated International Law, Perry S. Bechky

Perry S. Bechky

In 2005, the U.S. Overseas Private Investment Corporation (“OPIC”) determined that the Government of Argentina (the “GOA”) violated international law in its response to the 2001 financial crisis, by abrogating key provisions of the license that it had granted to operate the major natural gas pipeline in southern Argentina. This case note situates the OPIC determination with the contemporaneous investor-state arbitral claims brought by private investors directly against the GOA pursuant to the terms of a number of Argentina’s Bilateral Investment Treaties (“BITs”), and then offers several observations about the relationship between BITs and OPIC’s political-risk-insurance (“PRI”) in the modern …