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Full-Text Articles in Jurisprudence
Uninsured Motorist Insurance Now Covers Punitive Award - Hutchinson V. J.C. Penny Casualty Insurance Company, Dale Katzenmeyer
Uninsured Motorist Insurance Now Covers Punitive Award - Hutchinson V. J.C. Penny Casualty Insurance Company, Dale Katzenmeyer
Akron Law Review
A split of authority exists among the few states which have decided the issue In jurisdictions permitting recovery of punitive damages, uninsured motorist coverage is intended to place the insurer in the shoes of the uninsured tortfeasor. Since the insurer stands in the shoes of the tortfeasor, and since punitive damages could be covered if the tortfeasor had his own insurance, it is illogical to deny the victim punitive damages simply because the tortfeasor is uninsured. Other jurisdictions believe that punitive damages should not be awarded since that award would not operate to punish the tortfeasor and would therefore violate …
Death From Autoerotic Asphysxiation And The Double Indemnity Clause In Life Insurance Policies: The Latest Round In Accidental Death Litigation, Francis Achampong
Death From Autoerotic Asphysxiation And The Double Indemnity Clause In Life Insurance Policies: The Latest Round In Accidental Death Litigation, Francis Achampong
Akron Law Review
This paper examines the cases that have been decided on this issue, seeking to determine whether recovery under the double indemnity provision revolves around the type of clause used in the policy, or on the particular jurisdiction's stand on what is "accidental," regardless of policy language. The author seeks to determine whether any particular trend may be elicited from these cases that may shed light on the likely disposition of future cases