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Articles 1 - 30 of 54
Full-Text Articles in Insurance Law
A Battle Over Birth "Control": Legal And Legislative Employer Prescription Contraception Benefit Mandates, C. Keanin Loomis
A Battle Over Birth "Control": Legal And Legislative Employer Prescription Contraception Benefit Mandates, C. Keanin Loomis
William & Mary Bill of Rights Journal
Under the Pregnancy Discrimination Act (PDA), employers are prohibited from discriminating against women by treating pregnancy and childbirth different from other medical conditions. Employers who offer medical benefits to their employees have thus been required to cover pregnancy-related medical costs on the same terms as other medical coverage. The cost of prescription contraception, however, has generally not been covered by employer-sponsored medical plans, even while other prescription drugs were. This Note examines the recent case of Erickson v. Bartell Drug Co., which challenged this practice of excluding prescription contraception coverage as discriminatory under the PDA, and argues that further federal …
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
University of Richmond Law Review
No abstract provided.
Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy
Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy
The Journal of Appellate Practice and Process
No abstract provided.
A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman
A Right Without A Potent Remedy: Indiana's Bad Faith Insurance Doctrine Leaves Injured Third Parties Without Full Redress, Gregory A. Bullman
Indiana Law Journal
No abstract provided.
Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices
BYU Law Review
No abstract provided.
Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker
Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker
All Faculty Scholarship
No abstract provided.
May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry Ii
May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry Ii
Faculty Publications
More than a quarter-century has passed since I entered law school as a first-year student and began what has become a career of reading, among other things, cases. I cannot even guess the number of cases I have read in the ensuing years. Most of them have been fairly ordinary, but many have been wonderful for one reason or another. Because I hope to read at least as many cases during my next twenty-five years (or more) of legal study, I am not yet ready to crown any particular case with the title of "my favorite," "the most significant," or …
May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry Ii
May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry Ii
UF Law Faculty Publications
There is a case that has piqued my interest in recent years. Lakin v. Postal Life & Casualty Co., is a relatively simple story of two men whose paths crossed in Kansas City, Missouri, more than forty years ago. One was a down-in-the-luck drifter, and the other a con-artist who made his living by taking advantage of others. These two men would be long forgotten but for the fact that their final interactions during a hunting trip near Pleasant Hill, Missouri, raised some insurance law issues that ultimately made their way to the Missouri Supreme Court. Lakin stands for the …
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
Insurance Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham
Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham
Nevada Law Journal
No abstract provided.
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
Nevada Law Journal
No abstract provided.
Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter Nash Swisher
Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter Nash Swisher
Nevada Law Journal
No abstract provided.
Classic Insurance Law In A Postmodern World, Leo P. Martinez
Classic Insurance Law In A Postmodern World, Leo P. Martinez
Nevada Law Journal
No abstract provided.
Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel
Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone
The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone
Nevada Law Journal
No abstract provided.
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
Nevada Law Journal
No abstract provided.
Introduction: Favorite Insurance Cases Symposium, Jeffrey W. Stempel
Introduction: Favorite Insurance Cases Symposium, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker
Teaching Real Torts: Using Barry Werth's Damages In The Law School Classroom, Tom Baker
Nevada Law Journal
No abstract provided.
Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas
Crisci V. Security Insurance Co.: The Dawn Of The Modern Era Of Insurance: Bad Faith And Emotional Distress Damages, Jeffrey E. Thomas
Nevada Law Journal
No abstract provided.
May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry ,Ii
May Harvey Rest In Peace: Lakin V. Postal Life And Casualty Company, Robert H. Jerry ,Ii
Nevada Law Journal
No abstract provided.
Is There Insurance Coverage For Lawsuits Against The Firearm Industry?, Walter J. Andrews, Michael S. Levine
Is There Insurance Coverage For Lawsuits Against The Firearm Industry?, Walter J. Andrews, Michael S. Levine
Nevada Law Journal
No abstract provided.
A "Keene" Story, Eugene R. Anderson
The Cra Implications Of Predatory Lending
The Cra Implications Of Predatory Lending
Patricia A. McCoy
This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.
Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer
Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer
Nevada Law Journal
No abstract provided.
Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter N. Swisher
Insurance Causation Issues: The Legacy Of Bird V. St. Paul Fire & Marine Ins. Co., Peter N. Swisher
Law Faculty Publications
In all of Anglo-American law, there is no concept that has been as been so pervasive - and yet so elusive - as the causation requirement; and even today this causation requirement in American law has resisted all efforts to reduce it to a useful, understandable, and comprehensive formula regarding its underlying nature, content, scope, and significance. Indeed, no less an authority than William Lloyd Prosser has stated that there "is perhaps nothing in the entire field of the law which has called forth more disagreement, or upon which the opinions are in such a welter of confusion" than legal …
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
A New Old Look At Terrorism Insurance: Jack Hirshleifer's War Damage Insurance After Fifty Years, Peter Siegelman
A New Old Look At Terrorism Insurance: Jack Hirshleifer's War Damage Insurance After Fifty Years, Peter Siegelman
Faculty Articles and Papers
No abstract provided.
Exclusions For War And Terrorism: Who Will Pay For Man-Made Catastrophes?, Greg Munro
Exclusions For War And Terrorism: Who Will Pay For Man-Made Catastrophes?, Greg Munro
Faculty Journal Articles & Other Writings
This article examines the effect the coordinated attacks on the World Trade Center and the Pentagon on September 11 had on insurers. The article notes that losses from an act of terrorism could rival those of acts of war and threaten the financial viability of the insurers that make American enterprise possible. The article points out that the insurers agree that they will survive this loss but will not take the chance on another of the same or greater magnitude. The article addresses ways that the risk of loss from terrorist acts may be spread across American society .
The Constitutional Attack On Montana's Anti-Stacking Statute, Greg Munro
The Constitutional Attack On Montana's Anti-Stacking Statute, Greg Munro
Faculty Journal Articles & Other Writings
This article presents MTLA member Randy Bishop's amicus curiae arguments that challenge the validity of the Montana anti-stacking statute under four provisions of the Montana Constitution. The argument was written in support of the plaintiff in Hardy v. Progressive Specialty Insurance Company.
The Duty Of The Agent Or Broker To Recommend Underinsured Motorist Coverage With Adequate Limits, Greg Munro
The Duty Of The Agent Or Broker To Recommend Underinsured Motorist Coverage With Adequate Limits, Greg Munro
Faculty Journal Articles & Other Writings
This article addresses the question of whether an insurance agent or broker have any duty in Montana to recommend a particular coverage in a specific adequate amount. More specifically, the article explores what the agent or broker's duty is, if any, to recommend that the insured purchase UIM coverage and do so with an adequate limit of liability. Although the article focuses on the agent's duty to explain and recommend auto UIM coverage, the law and arguments discussed can be extrapolated to other coverage lines such as homeowners or commercial general liability.