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Full-Text Articles in Law
Crop Insurance Bad Faith: Protection For America's Farmers, Chad G. Marzen
Crop Insurance Bad Faith: Protection For America's Farmers, Chad G. Marzen
Chad G. Marzen
This article examines issues concerning the potential liability of crop insurers for insurance bad faith, and discusses cases to date on the issue of federal preemption of insurance bad faith claims under the Federal Crop Insurance Act (FCIA) and the development of a general rule that bad faith claims under state law are not preempted by the FCIA. The article argues that the crop insurance bad faith remedy is designed as a check against egregious, intentional and reckless misconduct of a crop insurer in the handling of a claim and should be preserved by the courts.
The Merrill Doctrine And Federally Reinsured Crop Insurers, Chad G. Marzen
The Merrill Doctrine And Federally Reinsured Crop Insurers, Chad G. Marzen
Chad G. Marzen
Since 1947, the Federal Crop Ins. Corp. v. Merrill decision has operated to bar claims of equitable estoppel against agents of the federal government. However, the applicability of the Merrill doctrine to insurers is unclear. There is a split of authority on this significant issue and it remains largely unresolved in numerous jurisdictions. An early trend developed where the courts applied the Merrill doctrine to alleged misrepresentations of agents of the FCIC as well as the agents of private insurers. In the early to mid 2000s, the decisions of three state courts (in Kentucky, Georgia and Tennessee) declined toe extend …
Following English Footsteps? An Empirical Study Of Singapore’S Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen
Following English Footsteps? An Empirical Study Of Singapore’S Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen
Christopher Chao-hung CHEN
This article presents an empirical study of the development of Singapore’s insurance contract law in relation to English law. The gene of Singapore’s insurance law is very English. The empirical data show a lack of momentum in driving insurance law forward by case law. This may justify further legislative reform to address not only the known doctrinal issues inherited from English law but also the specific problems facing consumer insurance. Singapore’s competitiveness in the global insurance market will be an instrumental factor to determine how far Singapore continues to follow English law in the future.
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Christopher C. French
In his recent article, Professor Richard Squire offers a provocative theory in which he claims the underlying claimants in shareholder litigation against corporate policyholders are overcompensated due to what he describes as “cramdown” settlements, under which insurers are forced to settle due to the “duty to contribute” that arises under multi-layered directors and officers (“D&O”) insurance programs. He also offers a novel idea regarding how this problem could be fixed by what he refers to as “segmented” settlements in which each insurer and the policyholder would be allowed to settle separately and consider only its own interests in doing so. …