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- Risk exposures (2)
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- Circuit Split (1)
- Class Action Certification (1)
- Doctrinal reset (1)
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- I.R.C. § 7701(o) (1)
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- Jama v. State Farm (1)
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- Negotiation Adjustments (1)
- Ninth Circuit (1)
- Patel v. Commissioner (1)
- Property and pecuniary insurance (1)
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- SMEs’ risk exposures (1)
- Sampson v. USAA (1)
- Strict-Liability Penalties (1)
- Survival and failure (1)
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- Total Loss Valuation (1)
Articles 1 - 5 of 5
Full-Text Articles in Insurance
Diverging Views On Class Certification In The Insurance Industry: Uniform Valuation Methods For Totaled Vehicles, Celine Makhani
Diverging Views On Class Certification In The Insurance Industry: Uniform Valuation Methods For Totaled Vehicles, Celine Makhani
The Journal of Business, Entrepreneurship & the Law
This comment explores the legal challenges surrounding how insurance companies calculate the "actual cash value" of totaled vehicles . The author focuses on the controversial use of "negotiation adjustments"—deductions insurers apply based on the assumption that buyers typically negotiate car prices downward—which policyholders argue systematically undervalues their claims. The central conflict of the article is a significant circuit split: while the Ninth Circuit in Jama v. State Farm recently allowed these claims to proceed as class actions, the Fifth Circuit in Sampson v. USAA reached the opposite conclusion, requiring individual proof of harm for each policyholder . Makhani analyzes these …
Relevance Matters After Patel: Where The Economic Substance Doctrine Goes From Here, Daniel Chung
Relevance Matters After Patel: Where The Economic Substance Doctrine Goes From Here, Daniel Chung
The Journal of Business, Entrepreneurship & the Law
This article examines the modern Economic Substance Doctrine (ESD) through the framework of the Tax Court's decision in Patel v. Commissioner. The author argues that Patel serves as a "doctrinal reset," restoring the ESD to its intended role as a narrow, purpose-driven judicial backstop rather than a generalized anti-abuse tool. Central to this analysis is the reemergence of a "relevance" inquiry, which requires courts to determine if the ESD applies to a transaction at all—based on pre-codification common law—before engaging the statutory two-prong test under Section 7701(o) . While the court in Patel ultimately found the doctrine relevant and sustained …
Small And Medium Enterprises' Risk Exposures And Mitigation Approaches In Nigeria, Joshua Solomon Adeyele, Olubunmi Florence Osemene
Small And Medium Enterprises' Risk Exposures And Mitigation Approaches In Nigeria, Joshua Solomon Adeyele, Olubunmi Florence Osemene
The Journal of Entrepreneurial Finance
Risks militating against small and medium enterprises (SMEs) have been on the increase due to how risks mitigations are conducted by the owners/operators. Although thorough understanding of businesses undertaken by the owners of SMEs enables them to have a clear picture of risks affecting their businesses so as to act in proactive manner in order to mitigate or avoid the impending risks. To assess the risk exposures of SMEs, a random sampling technique was used to select 209 SMEs within Lagos and Benin City. Both descriptive and inferential statistics such as Phi and Gamma were used to analyse the data …
Property And Pecuniary Risk Exposures: An Investigation Into Smes’ Shutdown And Mitigation Methods In Nigeria, Joshua Solomon Adeyele, Olubunmi Florence Osemene, Idowu Emmanuel Olubodun
Property And Pecuniary Risk Exposures: An Investigation Into Smes’ Shutdown And Mitigation Methods In Nigeria, Joshua Solomon Adeyele, Olubunmi Florence Osemene, Idowu Emmanuel Olubodun
The Journal of Entrepreneurial Finance
Business Interruption (BI) insurance is not popular among the operators/owners of Small and Medium Enterprises (SMEs) in Nigeria. This study is an attempt to investigate causes of SMEs’ failure and to assist the owners on how to use BI to protect both the physical assets as well as future profits of their businesses. Hence, 389 SMEs were purposively selected from four major cities in Niger Delta Region (NDR) in Nigeria for this purpose. The statistical tools used for analysis were Phi and Cramer’s V. The extent of SMEs losses through means of sourcing for materials and strategy employed to transfer …
Risk Appetites And Empirical Survival Pattern Of Small And Medium Enterprises In Nigeria, Joshua S. Adeyele Dr., Osazee G. Omorokunwa Dr.
Risk Appetites And Empirical Survival Pattern Of Small And Medium Enterprises In Nigeria, Joshua S. Adeyele Dr., Osazee G. Omorokunwa Dr.
The Journal of Entrepreneurial Finance
ABSTRACT
Small and medium enterprises (SMEs) are vital to economic growth and development of a nation. However, many of them fail in the first five years of incorporation due to their exposures to risk financing and strategies employed to meet customers’ need during business shutdown. Hence, this study is designed to verify how SMEs’ risk financing affect their continuity, and to model their survival patterns in context of risk financing and risk management approach employed by the operators. Two hundred and nine copies of valid questionnaire distributed to the respondents were filled and returned. Cramer’s V and multiple regressions were …