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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.


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.


Verasun Bankrupty - Attempts Being Made To Recover Amounts From Corn Suppliers, Integrated Crop Management News 2010 Iowa State University

Verasun Bankrupty - Attempts Being Made To Recover Amounts From Corn Suppliers, Integrated Crop Management News

Integrated Crop Management News

Having received many calls regarding the VeraSun Bankruptcy situation and the attempts that are being made to recover money from corn suppliers, Roger McEowen, Center of Agricultural Law and Taxation (CALT) director, has written a detailed article outlining what this means to parties that supplied corn to VeraSun within 90 days of the bankruptcy filing. Legal counsel for the "reorganized debtors" has sent letters to these parties offering to settle preference claims. The article is available on the CALT website athttp://www.calt.iastate.edu/.


Murphy's Law: The Pan Am Corollary, David V. Ainsworth 2010 Golden Gate University School of Law

Murphy's Law: The Pan Am Corollary, David V. Ainsworth

Golden Gate University Law Review

The venerable tension between marine protection and indemnity underwriters and marine cargo risk underwriters has increased materially as the result of a 1977 decision by the United States Court of Appeals for the Ninth Circuit in Pan American World Airways, Inc. v. California Stevedore and Ballast Co. (Pan Am). This decision is already breeding litigation, and there will certainly be more to come. Unfortunately, due to a scholastically and technically erroneous reading of the case by some members of the admiralty bar and bench, it is also causing practical problems for carriers and cargo interests alike.


Equally Insured? Lasting Insurance Industry Reform Came Only With A Rethinking Of Race, Mary L. Heen 2010 University of Richmond

Equally Insured? Lasting Insurance Industry Reform Came Only With A Rethinking Of Race, Mary L. Heen

Law Faculty Publications

Earlier this decade, some of America’s best-known life insurance companies quietly settled multimillion-dollar civil rights lawsuits challenging race-based life insurance rates and benefits. As a result, those companies closed a chapter of American economic history that began after the Civil War with the door-to-door marketing of small individual life insurance policies to poor workers, including former slaves, and their families. The closing of this chapter in history also marked the end of a form of Jim Crow race discrimination largely invisible to the American public.


Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García 2010 ITESM Campus Puebla

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.


La Globalización De La Legislación Cambiaria, Bruno L. Costantini García 2010 ITESM Campus Puebla

La Globalización De La Legislación Cambiaria, Bruno L. Costantini García

Bruno L. Costantini García

No abstract provided.


Insurance In Sociolegal Research, Tom Baker 2010 University of Pennsylvania

Insurance In Sociolegal Research, Tom Baker

Faculty Scholarship

Insurance has a long history in sociolegal research, most prominently as a window on accident compensation and related tort law in action. Recent work has extended that research, with the result that tort law in action may be the best mapped of any legal field outside criminal law. Sociological research has begun to explore insurance as a form of governance, with effects in many legal fields and across the economy. This essay reviews developments in both bodies of work. Part one examines the relationship between liability insurance and tort law in action using the metaphors of window and frame. Part ...


Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez 2010 ITESM Campus Puebla

Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez

Bruno L. Costantini García

Introducción a la regulación de la protección de datos personales en México.


Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky 2010 University of North Carolina School of Law

Reconstructing The Individual Mandate As An Escrow Account, Gregg D. Polsky

Michigan Law Review First Impressions

The recent health care reform law's most controversial provision is the individual mandate, which imposes a fine on individuals who fail to obtain a minimum level of health insurance coverage. Many object to this policy, arguing that the government shouldn't force individuals to purchase health insurance. Others believe that the mandate is a necessary component to health care reform. What has been missed in the discussion is that Congress could restructure the individual mandate to avoid the requirement that individuals purchase health insurance while still fulfilling its principal function. The principal purpose of the mandate is not to ...


The Insurance Policy As Social Instrument And Social Institution, Jeffrey W. Stempel 2010 College of William & Mary Law School

The Insurance Policy As Social Instrument And Social Institution, Jeffrey W. Stempel

William & Mary Law Review

This Article suggests that insurance policies are not merely contracts but also are designed to perform particular risk management, deterrence, and compensation functions important to economic and social ordering. Recognizing this fact has significant implications regarding the manner in which insurance policies are construed in coverage disputes. From this insight flow interpretative consequences suggesting that policy construction can be improved by not only performing traditional contract analysis of disputed policies but also appreciating the particular function of the insurance policy in question as part of the insurance product’s larger role as a social and economic instrument or institution. Applying ...


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