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The Wrap Up Of Wrap-Ups? Owner Controlled Insurance Programs And The Exclusive Remedy Defense, Chad G. Marzen 2010 Florida State University

The Wrap Up Of Wrap-Ups? Owner Controlled Insurance Programs And The Exclusive Remedy Defense, Chad G. Marzen

Chad G. Marzen

Large scale, complex commercial construction projects today often utilize Owner-Controlled Insurance Programs (OCIPS, also referred to as “Wrap-Up” programs), which streamline various insurance coverages into a single consolidated program (the OCIP), where the owner, through the OCIP, establishes and administers insurance coverage for the general contractor and all the subcontractors on the project.

OCIPs have been lauded for several reasons – efficient claims management, efficient coordination of the program, and potentially significant cost savings for the owner. Although the benefits of OCIPs have been cited in court decisions throughout the country, at least two courts have held that an owner, general ...


Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson 2010 Selected Works

Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Nuclear meltdown in Japan and civil society strife across the Middle East highlight the degree to which resilience is core to international peace and security. This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures.


Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker 2010 University of Akron Schhol of Law

Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker

Robert L Tucker

Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.

This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in ...


Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen 2010 Florida State University

Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen

Chad G. Marzen

Owner-Controlled Insurance Programs (OCIPs, also referred to “Wrap-Up” programs), are becoming a popular insurance program in the construction industry. Some states have placed statutory restrictions and/or prohibitions on OCIPs. However, there are only 10 states to date which have even enacted any statute concerning OCIPs.

In this article, I contend that the future availability of OCIPs in the insurance industry may largely be dictated on statutory grounds. It is a call for state legislatures to critically examine the policies and purposes of OCIPs and to enact legislation which provides guidance to the industry and courts. First, two cases, one ...


While Effusive, "Conclusory" Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, Donald J. Kochan 2010 Chapman University School of Law

While Effusive, "Conclusory" Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, Donald J. Kochan

Donald J. Kochan

The meaning of the word “conclusory” seems really, quite elusory. Conclusory is a widespread, common, and effusive word in the modern legal lexicon. Yet you would not necessarily know that by looking through many dictionaries. “Conclusory” has been a late comer to the pages of most dictionaries. Even today, not all dictionaries include the word “conclusory”, those that do have only recently adopted it, and the small number of available dictionary definitions seem to struggle to capture the word’s usage in the legal world. Yet the word “conclusory” has taken center stage in the procedural plays of civil litigation ...


Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center on Health, Economic & Family Security, UC Berkeley School of Law 2010 Georgetown University Law Center

Family Security Insurance: A New Foundation For Economic Security, Workplace Flexibility 2010, Georgetown University Law Center, Berkeley Center On Health, Economic & Family Security, Uc Berkeley School Of Law

Published Reports

A report released by Georgetown Law's Workplace Flexibility 2010 and the Berkeley Center on Health, Economic & Family Security (Berkeley CHEFS) outlining a blueprint for establishing and financing a new national insurance program to provide wage replacement for time off for health and caregiving needs. The report describes the need among working Americans for time off from work to address personal illness, to care for a new child, or to care for a loved one with a serious illness. It argues that the need for time off is no longer an issue for individual families or select industries, but a ...


Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García 2010 ITESM Campus Puebla

Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García

Bruno L. Costantini García

De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades de los ...


Insurance, Robert A. Seligson 2010 Golden Gate University School of Law

Insurance, Robert A. Seligson

Cal Law Trends and Developments

No abstract provided.


Insurance, Robert A. Seligson 2010 Golden Gate University School of Law

Insurance, Robert A. Seligson

Cal Law Trends and Developments

Possibly the most important decision in the insurance field in 1968 involved not the rights and obligations of an insurance carrier per se but rather those of an attorney selected by the carrier to protect and defend its insured. In Lysick v. Walcom, the appellate court held that an attorney who is employed by an insurance company to defend an action arising out of an accident involving an insured represents both the insured and the insurer and owes to both a high duty of care imposed both by statute and the rules governing professional conduct.


Insurance, Robert A. Seligson 2010 Golden Gate University School of Law

Insurance, Robert A. Seligson

Cal Law Trends and Developments

Any discussion of California insurance decisions and developments in the past year must perforce start with the fall of 1966, since 1967 was the year in which the insurance industry was confronted with greatly expanded rules on the duty to defend, the duty to settle within limits and rising above all, like a Colossus sprung from the deep, the tortured decision of Pacific Employers Insurance Company v. Maryland Casualty Company, which threatened to convert policies written for totally different purposes into automobile liability policies at the drop of a hat and with nary a premium.


Iowa Floods Of 2010: A Guide To Handling Damaged Or Contaminated Grain, Erin Herbold 2010 Iowa State University

Iowa Floods Of 2010: A Guide To Handling Damaged Or Contaminated Grain, Erin Herbold

Integrated Crop Management News

In an article posted October 7 on the Center of Agricultural Law and Taxation (CALT) website, staff attorney Erin Herbold outlines the legal background and details of the statement made by the Iowa Department of Agricultural and Land Stewardship (IDALS) regarding the harvest of flood-damaged grain in Iowa.


Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster 2010 University of Newcastle, NSW, Australia

Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster

Neil J Foster

This paper considers the question of whether it is possible for company officers, who are fixed with personal liability for criminal occupational health and safety offences, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. The paper focuses on the “common law” world, with particular reference to the UK and Australia.


Reauthorizing Schip: Only A Starting Point, Pamela Newell 2010 North Carolina Central University School of Law

Reauthorizing Schip: Only A Starting Point, Pamela Newell

North Carolina Central Law Review

No abstract provided.


Applicable Law To Marine Insurance Contract And P&I Club, From The Spanish Perspective, Angelo Giampietro 2010 UPO Seville (PhD c.)

Applicable Law To Marine Insurance Contract And P&I Club, From The Spanish Perspective, Angelo Giampietro

Angelo Giampietro Avv.

El régimen jurídico del contrato de Seguros Marítimo es complejo y no uniforme. El problema a lo que nos enfrontamos es que los legisladores de los diferentes países tienen interpretaciones diferentes sobre eso tema. El objetos de éste trabajo es de realizar algunas consideraciones sobre la ley aplicable en un contrato de seguros marítimo internacional o con elementos internacionales, tratando el Seguro P&I (Protección e Indemnizan). La tesis formulada es, pues, la fuerza vinculante de la autonomía de la voluntad de las partes, como ley aplicable al contrato de seguro marítimo El resultado y conclusión de esta investigación nos ...


Hiding Behind Policy: Confusing Compensation With Indemnification, Jennifer A. Emmaneel 2010 Golden Gate University School of Law

Hiding Behind Policy: Confusing Compensation With Indemnification, Jennifer A. Emmaneel

Golden Gate University Law Review

In PPG Industries, Inc. v. Transamerica Insurance CO., the California Supreme Court held that an insurer may not indemnify its insured for a punitive damages judgment in a third party action. Even if the excess judgment is the result of the insurer's bad faith breach of its duty to settle a third party action on behalf of its insured, an insured may not recover if it seeks compensatory damages that include a punitive damages judgment. The California Supreme Court found that to conclude otherwise would violate California's long established public policy precluding indemnification of punitive damages. This Note ...


Video Of Verasun Preference Demand Letter Meeting Now Available, Integrated Crop Management News 2010 Iowa State University

Video Of Verasun Preference Demand Letter Meeting Now Available, Integrated Crop Management News

Integrated Crop Management News

Iowans who received payment for corn or other services from VeraSun within 90 days of the company’s filing for bankruptcy on Oct. 30, 2008 received preference demand letters at the end of August. The letters came from one of two New York law firms and demand that the supplier return a percent of the payments received from VeraSun during that 90-day period.


Verasun Corn Suppliers Must Respond To Preference Demand Letter By Sept. 30, Kelvin L. Leibold, Erin Herbold 2010 Iowa State University

Verasun Corn Suppliers Must Respond To Preference Demand Letter By Sept. 30, Kelvin L. Leibold, Erin Herbold

Integrated Crop Management News

Iowans who received payment for corn or other services from VeraSun within 90 days of the company’s filing for bankruptcy on Oct. 30, 2008 received preference demand letters at the end of August. The letters came from one of two New York law firms and demand that the supplier return a percent of the payments received from VeraSun during that 90-day period.


Seven Tips For Improving Crop Insurance Coverage During Harvest, Steven D. Johnson 2010 Iowa State University

Seven Tips For Improving Crop Insurance Coverage During Harvest, Steven D. Johnson

Integrated Crop Management News

As the 2010 harvest gets started, a great deal of yield variability can be expected in many fields. Farmers with crop insurance coverage need to be organized in order to submit timely claims for indemnity payments or provide records for Actual Production History (APH). Seven tips to help with crop insurance coverage during harvest include the following.


Moradi-Shalal V. Fireman's Fund Insurance Companies: The Overruling Of Royal Globe And Its Ramifications, Randolph Stevenson Hom 2010 Golden Gate University School of Law

Moradi-Shalal V. Fireman's Fund Insurance Companies: The Overruling Of Royal Globe And Its Ramifications, Randolph Stevenson Hom

Golden Gate University Law Review

This Note will analyze the reasoning utilized by the Moradi-Shalal court in overruling Royal Globe and also analyze its concomitant effects upon the rights of third party claimants. Third party claimants' alternatives to a Royal Globe action will then be considered, such as third party actions by assignment from the insured, and third party private causes of action against insurers pursuant to California Business & Professions Code Section 17200 et seq.


Litigating Incest Torts Under Homeowner's Insurance Policies, Christine Cleary 2010 Golden Gate University School of Law

Litigating Incest Torts Under Homeowner's Insurance Policies, Christine Cleary

Golden Gate University Law Review

This Comment will address insurers' liability for incest torts under standard homeowner's insurance policies. It primarily will examine potential liability in light of the intentional act and household exclusions which are typically contained in homeowner's policies.


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