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Compensation Of The Driver As A Motor Accident Victim In Cameroon: A Critical Appraisal Of The Cima Code, abue ako scott eke Mr. 2015 university of Dschang

Compensation Of The Driver As A Motor Accident Victim In Cameroon: A Critical Appraisal Of The Cima Code, Abue Ako Scott Eke Mr.

abue ako scott eke Mr.

In Cameroon, the law that governs the compensation of motor accident victims is the CIMA Code. This law fully recognizes the driver as being a victim that is liable to compensation in case he suffers from a motor accident. Equally at the same time, the law has put in place special modalities which the driver must fulfill in order to receive complete or partial compensation. This is particularly important because the same law provides for a different regime of compensation when it comes to the case of victims non-driver. A driver could therefore be described as a victim sui generis ...


Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok 2015 College of William & Mary Law School

Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok

William & Mary Law Review

Litigation investment, sometimes known as litigation finance, is increasingly accepted around the world. Once prohibited as champerty, litigation investment is now embraced in England, Canada, and Australia, as well as in many civil law nations. In the United States, the development of a robust market for investment in litigation has been met by various objections. One objection is that litigation investment interferes with the autonomy of lawyers. A second objection is that it promotes frivolous litigation.

This Article takes up a popular argument against litigation investment: the legal system should not encourage parties to sell their control over litigation that ...


The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan M. Purcell 2015 George Mason University

The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan M. Purcell

Evan M Purcell

No abstract provided.


Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas 2015 Western University

Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas

Western Journal of Legal Studies

This paper surveys leading and recent case law on disability with a specific focus on “non-mainstream” disabilities. Such disabilities are categorized according to the difficulty with which they can be medically diagnosed, their transient nature, and their fluctuations in severity. Jurisprudence on the duty to accommodate has been developed through what law professor Judith Mosoff classifies as “mainstream” disabilities. That is, disabilities that are better understood by employers and medical professionals, and to which the duty to accommodate more easily applies. In contrast, “non-mainstream” disabilities challenge the conventional understanding of the duty to accommodate. Standard accommodation practices do not necessarily ...


The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen 2015 Florida State University

The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen

Chad G. Marzen

One of the currents of change sweeping through the insurance industry is the rise of insurance bad faith liability. There is an emerging legal question today as to whether the individual employee adjusters of insurance companies can be subject to bad faith liability.

This article examines the question of whether employee-adjusters of insurance companies can and should be held liable for insurance bad faith liability. Early reported cases involving personal liability for bad faith generally held that insurance company employee adjusters were immune from bad faith claims as they were not in privity of contract with insureds. However, three significant ...


Can Tribal Courts Issue Domestic Relations Orders That Will Be Honored By Pension Plan Administrators Under Erisa?, Colin Osiecki 2015 Northwestern University School of Law

Can Tribal Courts Issue Domestic Relations Orders That Will Be Honored By Pension Plan Administrators Under Erisa?, Colin Osiecki

Northwestern University Law Review

No abstract provided.


Future Harm As A Current Disability: Insurance Coverage For A Risk Of Substance Abuse Relapse Under Erisa, Jonah Kind 2015 Northwestern University School of Law

Future Harm As A Current Disability: Insurance Coverage For A Risk Of Substance Abuse Relapse Under Erisa, Jonah Kind

Northwestern University Law Review

No abstract provided.


Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, Patricia McCoy 2015 Boston College Law School

Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, Patricia Mccoy

Patricia A. McCoy

The state-based model of U.S. insurance regulation has been remarkably enduring to date, in part because the traditional rationales for a greater federal role – efficiency, uniformity, and consumer protection – have not succeeded in displacing it. However, the 2008 financial crisis, the federal government’s unprecedented bailouts of parts of the insurance sector, and the need for a coordinated international approach radically shifted the debate about the proper allocation of power between the federal government and the states by supplanting traditional concerns about efficiency, uniformity, and consumer protection in insurance with a new federal mission to control systemic risk. Unprepared ...


Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, Patricia McCoy 2015 Boston College Law School

Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, Patricia Mccoy

Boston College Law School Faculty Papers

The state-based model of U.S. insurance regulation has been remarkably enduring to date, in part because the traditional rationales for a greater federal role – efficiency, uniformity, and consumer protection – have not succeeded in displacing it. However, the 2008 financial crisis, the federal government’s unprecedented bailouts of parts of the insurance sector, and the need for a coordinated international approach radically shifted the debate about the proper allocation of power between the federal government and the states by supplanting traditional concerns about efficiency, uniformity, and consumer protection in insurance with a new federal mission to control systemic risk. Unprepared ...


King V. Burwell And The Rise Of The Administrative State, Ronald D. Rotunda 2015 Chapman University School of Law

King V. Burwell And The Rise Of The Administrative State, Ronald D. Rotunda

Ronald D. Rotunda

The Patient Protection and Affordable Care Act (ACA) is a complex law totaling nearly a thousand pages in length. The litigation now before the Supreme Court in King v. Burwell presents, on the surface, a simple issue of statutory interpretation. However, that surface has a very thin veneer. If the Court allows administrators carte blanche to change the very words of a statute, we will have come a long way towards governance by bureaucrats. Over the years, Congress has delegated many of its powers, but it has never delegated the power to raise taxes or spend tax subsidies in ways ...


Under The Weather: Government Insurance And The Regulation Of Climate Risks, Kyle D. Logue, Omri Ben-Shahar 2015 University of Michigan

Under The Weather: Government Insurance And The Regulation Of Climate Risks, Kyle D. Logue, Omri Ben-Shahar

Law & Economics Working Papers

This Article explores the role of insurance as substitute for direct regulation of risks posed by severe weather. In pricing the risk of human activity along the predicted path of storms, insurance can provide incentives for efficient location decisions as well as for cost-justified mitigation effort in building construction and infrastructure. Currently, however, much insurance for severe weather risks is provided and heavily subsidized by the government. The Article demonstrates two primary distortions arising from the government’s dominance in these insurance markets. First, the subsidies are allocated differentially across households, resulting in a significant regressive redistribution, favoring affluent homeowners ...


Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding 2014 Nevada Law Journal

Summary Of Federal Insurance Co. V. Coast Converters, Inc., 130 Nev. Adv. Op. 95, Christian Spaulding

Nevada Supreme Court Summaries

In a dispute between an insured manufacturer and its insurer, the Supreme Court determined that contract interpretation is a question of law, which should be decided by the district court. Further, to determine which policy limit applies, the court must determine on what date the loss became manifest. The manifestation date is generally a question of fact to be decided by the jury, which the district court will apply and determine, as a matter of law, which policy limit applies.


Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa 2014 University of Massachusetts School of Law

Maria’S Law: Extending Insurance Coverage For Fertility Preservation To Cancer Patients In Massachusetts, Brittany Raposa

University of Massachusetts Law Review

This Note addresses the issues related to fertility preservation treatments for cancer patients in the context of insurance coverage. As cancer survival rates improve, the ability to bear children after therapy is increasingly difficult and a concern for most patients. Currently, no states have laws requiring insurance coverage for fertility preservation treatments for cancer patients. Because it is not currently covered by either private or public insurance, only those who can pay for it on their own can use fertility preservation treatments. This note proposes that Massachusetts, as having one of the most inclusive infertility health insurance mandates, should expand ...


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein 2014 Abo Akedemi University, Finland

Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein

Georgia Journal of International & Comparative Law

No abstract provided.


Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen 2014 University of Richmond

Nondiscrimination In Insurance: The Next Chapter, Mary L. Heen

Law Faculty Publications

Modern federal civil rights legislation prohibits race and gender discrimination in many important sectors of the American economy, including employment, education, public accommodations, housing, and credit. No comparable comprehensive federal civil rights legislation bans race and gender discrimination in the business of insurance-a business at the core of legal and social organization, culture, and finance. Why not?


Unlucky Or Risky? Unobserved Heterogeneity And Experience Rating In Insurance Markets, Levon Barseghyan, Francesca Molinari, Darcy Steeg Morris, Joshua C. Teitelbaum 2014 Cornell University

Unlucky Or Risky? Unobserved Heterogeneity And Experience Rating In Insurance Markets, Levon Barseghyan, Francesca Molinari, Darcy Steeg Morris, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

We investigate whether an insured's claims experience contains valuable information about its latent risk type. Using data on households' claims histories in auto and home insurance, we estimate the variance-covariance matrix of unobserved heterogeneity and utilize the estimates to update a priori predictions about the households' claim risk. The estimates reveal that unobserved heterogeneity is positively correlated across coverages. We then explore how households' demand for insurance would respond to experience rating under different theories of risky choice, and we discuss what our findings imply about the economic consequences of legal restrictions on experience rating.


Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. McLaughlin 2014 Loyola Law School

Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin

Georgia Journal of International & Comparative Law

No abstract provided.


Section 1: Moot Court: King V. Burwell, Institute of Bill of Rights Law at The College of William & Mary School of Law 2014 Institute of Bill of Rights Law at The College of William & Mary School of Law

Section 1: Moot Court: King V. Burwell, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


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