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Articles 1 - 7 of 7
Full-Text Articles in Law
Choice Of Law Issues In Eleventh Circuit Insurance Cases Arising From Lex Loci Contractus, Tom Schulte, Andrea Defield, Jorge Aviles
Choice Of Law Issues In Eleventh Circuit Insurance Cases Arising From Lex Loci Contractus, Tom Schulte, Andrea Defield, Jorge Aviles
University of Miami Law Review
A growing number of cases have emerged from the Eleventh Circuit struggling with the application of lex loci contractus to choice-of-law issues in the insurance context. And while the federal courts continue to struggle, the state courts in the Eleventh Circuit have not yet offered definitive guidance on when to apply lex loci contractus, and when to depart from it. In light of this choice-of-law issue, which can be and often is outcome determinative, this Article offers practical guidance on how policyholders can avoid application of an unfavorable state’s law to their insurance dispute, both before and after litigation …
Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas
Which Law Is Supreme? The Interplay Between The New York Convention And The Mccarran-Ferguson Act, Brian A. Briz, César Mejía-Dueñas
University of Miami Law Review
The McCarran-Ferguson Act was enacted in 1945 to safeguard the rights of the states to regulate the business of insurance. It provides that acts of Congress not specifically related to the business of insurance are superseded by state laws that regulate the business of insurance. In 1970, the United States ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Congress enacted Chapter 2 of the Federal Arbitration Act to implement the New York Convention. The New York Convention requires courts to recognize and enforce both private agreements to arbitrate and arbitration awards made …
Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker
Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker
University of Miami Law Review
No abstract provided.
No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager
No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager
University of Miami Law Review
No abstract provided.
Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook
Messing With Our Minds: The Mental Illness Limitation In Health Insurance, Youndy C. Cook
University of Miami Law Review
No abstract provided.
The Insurance Fallout Following Hurricane Andrew: Whether Insurance Companies Are Legally Obligated To Pay For Building Code Upgrades Despite The "Ordinance Or Law" Exclusion Contained In Most Homeowners Policies, Hugh L. Wood Jr.
University of Miami Law Review
No abstract provided.
Insurance Claims Fraud Problems And Remedies, Robert W. Emerson
Insurance Claims Fraud Problems And Remedies, Robert W. Emerson
University of Miami Law Review
No abstract provided.