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

Insurance Law Commons

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

2,499 Full-Text Articles 1,830 Authors 1,388,941 Downloads 115 Institutions

All Articles in Insurance Law

Faceted Search

2,499 full-text articles. Page 1 of 51.

What History Can Tell Us About The Future Of Insurance And Litigation After Covid-19, Kenneth S. Abraham, Tom Baker 2021 University of Virginia

What History Can Tell Us About The Future Of Insurance And Litigation After Covid-19, Kenneth S. Abraham, Tom Baker

Faculty Scholarship at Penn Law

This Article, written for the annual Clifford Symposium on Tort Law and Social Policy, chronicles a series of developments in American history that profoundly influenced the course of insurance and insurance law, in order to predict the post-COVID-19 future of these fields. In each instance, there was a direct and decided cause-and-effect relationship between these developments and subsequent change in the world of insurance and insurance law. As important as the influence of COVID-19 is at present and probably will be in the future, in our view the COVID-19 pandemic will not be as significant an influence on insurance and ...


Rejecting Word Worship: An Integrative Approach To Judicial Construction Of Insurance Policies, Jeffrey W. Stempel, Erik S. Knutsen 2021 University of Cincinnati College of Law

Rejecting Word Worship: An Integrative Approach To Judicial Construction Of Insurance Policies, Jeffrey W. Stempel, Erik S. Knutsen

University of Cincinnati Law Review

Insurance coverage litigation is a quest for discerning meaning: Does the insurance policy cover the loss at issue? Construing the insurance policy, courts attempt to give legal effect to what the document purports to command. But what were the intentions and expectations of insurer and insured? Do those intentions even matter? Or is only the written text of the policy relevant to the coverage result? Courts addressing these questions typically frame the interpretative choice as one of strict textualism versus contextual functionalism.

In many, perhaps even most situations, text and context align to create an “easy” case. If a factory ...


Development Of A Topics Course For Construction Law, Julia C. Hoever 2021 California Polytechnic State University, San Luis Obispo

Development Of A Topics Course For Construction Law, Julia C. Hoever

Construction Management

The Cal Poly Construction Management program is designed to prepare students heading into the construction industry for daily management tasks. With construction comes many legal aspects integrated into a project’s operations. Though the curriculum includes a contract law course, a gap exists with a minimal number of classes that address the array of legal matters the construction industry must be versed in. Working with faculty member, Thomas Kommer, J.D., there is a need for a course that expands on these varying legal topics. In order to determine the specific topics that would impactfully benefit and educate Cal Poly ...


Insurance, Thomas D. Martin, Bradley S. Wolff, Maren R. Cave 2021 Mercer University School of Law

Insurance, Thomas D. Martin, Bradley S. Wolff, Maren R. Cave

Mercer Law Review

During this Survey period, the courts in Georgia remained active despite the pandemic. In the property arena, the Survey disclosed only a few decisions from the Georgia Court of Appeals but several from the district courts in Georgia as parties grappled with coverage disputes relating to policy time limits, bad faith, and the effects of COVID-19 on business losses. In the automobile arena, the Georgia Court of Appeals addressed sovereign immunity, and the Georgia Supreme Court refined the “cause test” for evaluating a series of collisions. In the uninsured motorist (UM) arena, the court of appeals weighed in on various ...


Proof Of Objective Falsehood: Liability Under The False Claims Act For Hospice Providers, Sebastian West 2021 University of Cincinnati College of Law

Proof Of Objective Falsehood: Liability Under The False Claims Act For Hospice Providers, Sebastian West

University of Cincinnati Law Review

No abstract provided.


A Common Conflict: Common Fund Doctrine And Medical Provider Liens In Tort Settlements, Scott J. Sheltra 2021 Boston College Law School

A Common Conflict: Common Fund Doctrine And Medical Provider Liens In Tort Settlements, Scott J. Sheltra

Boston College Law Review

Plaintiffs in negligent tort actions often recover less money than they need to resolve all of their accident-related debts due to the insufficient availability of liability insurance proceeds. Two significant debts common to these tort actions are liens for medical treatment of injuries that plaintiffs sustain and the attorney’s fees plaintiffs incur in pursuing liable insurance companies. The law places plaintiffs’ attorneys and medical lienholders in an inherently adversarial position. Medical lien statutes frequently grant attorney’s fees first priority to settlement proceeds but also do not require medical lienholders to reduce their claims, even if available insurance funds ...


Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. deLatour 2021 Georgia State University College of Law

Insuring The "Uninsurable": Business Interruption Insurance Coverage & Covid-19, Natalie E. Delatour

Georgia State University Law Review

The COVID-19 pandemic has impacted virtually every facet of life in the United States, including the insurance industry. In particular, the number of business interruption insurance coverage lawsuits has continued to climb since March 2020, as insurers are denying coverage for pandemic-related losses and policyholders are seeking indemnification. Courts across the country are faced with answering difficult, novel questions about the interpretation and scope of business interruption insurance policies. Collectively, the conclusions the courts reach are critically important because they will determine the fate of policyholders and the insurance industry, respectively. This Note explores business interruption insurance coverage during COVID-19 ...


Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy 2021 Schulich School of Law, Dalhousie University

Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy

Dalhousie Law Journal

The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments ...


Legal Evaluation Of The Regulation Of The Unified Motor Vehicle Insurance Policy: A Comparative Study, Dr. Issa Ghassan Al-Rabdi 2021 Assistant Professor of Civil Law - Dean of the College of Law - University of Science and Technology in Fujairah, UAE

Legal Evaluation Of The Regulation Of The Unified Motor Vehicle Insurance Policy: A Comparative Study, Dr. Issa Ghassan Al-Rabdi

Journal Sharia and Law

The need Settlement of disputes arising from bank credit between national and Vehicle accidents pose a great danger to people's lives and property, which is why, decades ago, the United Arab Emirates turned towards the path followed by the vast majority of Arab and foreign countries, which is the regulation of compulsory insurance on the civil liability of vehicle accidents.

The Board of Directors of the Insurance Authority issued the unified vehicle insurance policy issued under the system of unification of vehicle insurance policies under Resolution No. (25) Of 2016. This document is a legal system, amending Ministerial Resolution ...


Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Frivolous Defenses, Thomas D. Russell 2021 University of Denver Sturm College of Law

Frivolous Defenses, Thomas D. Russell

Cleveland State Law Review

This Article is about civil procedure, torts, insurance, litigation, and professional ethics. The Article is the opening article in a conversation with Stanford Law Professor Nora Freeman Engstrom, who has written about the plaintiffs’ bar and settlement mill attorneys. The empirical center of this piece examines 356 answers to 298 car crash personal injury cases in Colorado’s district courts. The Article situates these cases within dispute pyramid elements, including the total number of miles-traveled within Colorado and the volume of civil litigation. The Article then analyzes the defense attorneys’ departures from the Colorado Rules of Civil Procedure, especially Rule ...


Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul McHugh 2021 Brooklyn Law School

Business Interruption Insurance In The Time Of Covid-19: Who Should Foot The Bill?, Paul Mchugh

Journal of Law and Policy

COVID-19-related business closures led to thousands of business interruption insurance claims and lawsuits across the country. However, throughout the history of business interruption policies, obstacles such as virus exclusions and “physical damage” requirements have been added in response to prior pandemics and catastrophic losses. These exclusions and requirements have led to many hurdles and outright denials for those seeking payment on their policies. So, then, can business owners still find some economic refuge in these policies? Despite outright denials in many courts, at least a handful of federal judges as well as a number of members of Congress seem to ...


Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg 2021 University of Washington School of Law

Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg

Washington Law Review

For decades, the Department of Justice (DOJ) has issued a steady flood of press releases announcing False Claims Act (FCA) settlements against health care entities and extolling the purportedly sharp message sent to the industry through these settlements about the consequences of engaging in wrongdoing. The FCA is the primary mechanism for government enforcement against health care entities engaged in wrongdoing, and it is expected to be DOJ’s key tool for addressing fraud arising out of government programs in response to the COVID-19 pandemic. DOJ has pointed to three key goals of its enforcement efforts (deterrence, incentivizing cooperation, and ...


Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter 2021 Rhode Island Sea Grant Law Fellow and J.D. Candidate, 2021

Potential For Unseaworthiness Claims Based On Covid-19 Transmission, Blaine Payer, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Appraising Problems, Not Stuff, Chad J. Pomeroy 2021 St. Mary's University, San Antonio

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.


Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross 2021 Barry University Dwayne O. Andreas School of Law

Making A Declaration: The Rise Of Declaratory Judgment Actions And The Insurer As Regulator In The Fight To End Sex Trafficking In The Hotel Industry, Lori N. Ross

Loyola of Los Angeles Law Review

“Let it not be said that I was silent when they needed me.”

– William Wilberforce


070— Mental Health Parity: What It Is And Why It Matters, Lauren Klein 2021 SUNY Geneseo

070— Mental Health Parity: What It Is And Why It Matters, Lauren Klein

GREAT Day

While stigma around mental health, as well as treatment options have been drastically improved within the last decade, people who need help still are not getting it. The ultimate issue is the lack of mental health parity, which is defined by the equal treatment and benefits of other health conditions in insurance plans. Benefits such as inpatient in-network & out-of-network, co-pays, deductibles, max limit for out of pocket costs, reimbursement rates, geographic care, and coverage for any type of hospitalization. The lack of these advantages force people into difficult situations in order to receive these services. Paying abundant amounts of money ...


Hard Battles Over Soft Law: The Troubling Implications Of Insurance Industry Attacks On The American Law Institute Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel 2021 William S. Boyd School of Law, University of Nevada Las Vegas

Hard Battles Over Soft Law: The Troubling Implications Of Insurance Industry Attacks On The American Law Institute Restatement Of The Law Of Liability Insurance, Jeffrey W. Stempel

Cleveland State Law Review

ALI Restatements of the Law have traditionally exerted significant influence over court decisions and the development of the common law. During the past two decades, however, the ALI has seen an upsurge in interest group activity designed to shape or even thwart aspects of the Institute’s work. Most recently, the Restatement of the Law of Liability Insurance (RLLI) has been the focus of not only criticism of particular provisions but a concerted effort by members of the insurance industry to demonize the project as a whole and bar use of the document by courts.

The vehemence of insurer opposition ...


"Sudden And Accidental" Pollution Exclusions: The Battle Between Insurance Carriers And Insureds Continues, Penny R. Warren 2021 Wyatt, Tarrant & Combs, LLP

"Sudden And Accidental" Pollution Exclusions: The Battle Between Insurance Carriers And Insureds Continues, Penny R. Warren

Journal of Natural Resources & Environmental Law

No abstract provided.


Views On The Position Of The Contemporary Islamic Jurisprudence On The Question Of Insurance B Y Prof. Mustafa El-Gammel, 2021 United Arab Emirates University

Views On The Position Of The Contemporary Islamic Jurisprudence On The Question Of Insurance B Y Prof. Mustafa El-Gammel

Journal Sharia and Law

This article analyzes and evaluates the positions of the contemporary Islamic jurisprudence regarding the question of insurance. The practice in this respect is to present the views of those who consider insurance as a legitimate activity, and the views of those who consider it as illegal one, and deal with the arguments and replies offered in support of such views. This article, however, has adopted a different approach, based on tracing or examining the fundamental. Conceptions from which the different positions on insurance flow, and evaluate them in the light of their understanding of the system of insurance. There are ...


Digital Commons powered by bepress