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Full-Text Articles in Law
The Role Of Courts In The Evolution Of Standard Form Contracts: An Insurance Case Study, Daniel Schwarcz
The Role Of Courts In The Evolution Of Standard Form Contracts: An Insurance Case Study, Daniel Schwarcz
BYU Law Review
Standard form contracts are a pervasive feature of modern commercial life for ordinary consumers and big businesses alike. Yet remarkably little is currently known about how and when these contracts evolve in response to judicial decisions that interpret and apply them in individual disputes. Homeowners insurance policies offer a particularly fertile ground for studying this issue due to both the prominence of the insurance law doctrine that ambiguities are interpreted against the drafter and the historic standardization of insurance policies across different insurers. Utilizing a unique hand collected dataset, this Article empirically investigates the links between innovation in the dominant …
The Medicare Problem: A Solution To Insolvency, Oscar Castro
The Medicare Problem: A Solution To Insolvency, Oscar Castro
Brigham Young University Journal of Public Law
No abstract provided.
When Constitutional Challenges To State Cancellation Moratoriums Enacted After Catastrophic Hurricanes Fail: A Call For A New Federal Insurance Program, Steven Plitt, Daniel Maldonaldo
When Constitutional Challenges To State Cancellation Moratoriums Enacted After Catastrophic Hurricanes Fail: A Call For A New Federal Insurance Program, Steven Plitt, Daniel Maldonaldo
Brigham Young University Journal of Public Law
No abstract provided.
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
BYU Law Review
From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical crisis. Because many Americans are living paycheck to paycheck and lack disability insurance, when a medical crisis strikes, bank accounts are quickly depleted by the amalgam of high medical bills and lost wages. Disability insurance provides needed wage replacement when a worker is unable to work due to an illness or injury. This Article presents the case for statemandated disability insurance …
Contra Applicantem Or Contra Proferentem Applicatio: The Need For Clarification Of The Doctrine Of Contra Proferentem In The Context Ofinsured-Created Ambiguities In Insurance Applications, Bradley D. Liggett
BYU Law Review
No abstract provided.
Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices
BYU Law Review
No abstract provided.
Bad Fath Claims Against Insurers: The State Of Utah Law Fifteen Years After Beck V. Farmers Insurance Exchange, William Kevin Tanner
Bad Fath Claims Against Insurers: The State Of Utah Law Fifteen Years After Beck V. Farmers Insurance Exchange, William Kevin Tanner
Brigham Young University Journal of Public Law
No abstract provided.
Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono
Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono
BYU Law Review
No abstract provided.
Splitting The Baby: Apportioning Environmental Liability Among Triggered Insurance Policies, Rebecca M. Bratspies
Splitting The Baby: Apportioning Environmental Liability Among Triggered Insurance Policies, Rebecca M. Bratspies
BYU Law Review
No abstract provided.
Auto-Owners Insurance Co. V. Harrington: Resisting The Impulse To Judicially Rewrite Exclusion Clauses, D. Heath Bailey
Auto-Owners Insurance Co. V. Harrington: Resisting The Impulse To Judicially Rewrite Exclusion Clauses, D. Heath Bailey
BYU Law Review
No abstract provided.
Protecting The Insured In Utah: Rethinking The "Interstitial" Approach Of Allen V. Prudential Property & Casualty Insurance Co., Mark T. Flickinger
Protecting The Insured In Utah: Rethinking The "Interstitial" Approach Of Allen V. Prudential Property & Casualty Insurance Co., Mark T. Flickinger
Brigham Young University Journal of Public Law
No abstract provided.
Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph
Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph
BYU Law Review
No abstract provided.
The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton
The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton
BYU Law Review
No abstract provided.
Constitutional Law-Entitlement Doctrine-Michigan Compulsory No-Fault Automobile Insurance Law Violates Due Process- Shavers V. Attorney General, 402 Mich. 554, 267 N.W.2d 72 (1978).
BYU Law Review
No abstract provided.
Profits In Subrogation : An Insurer's Claim To Be More Than Indemnified, Jay S. Bybee
Profits In Subrogation : An Insurer's Claim To Be More Than Indemnified, Jay S. Bybee
BYU Law Review
No abstract provided.
Should Legal Malpractice Insurance Be Mandatory?
Insurance Law-Uninsured Motorist Coverage-Insurers Extending Liability Coverage Into Mexico Need Not Provide Coextensive Uninsured Motorist Coverage- Transamerica Insurance Co. V. Mckee, Roger C. Decker
BYU Law Review
No abstract provided.
Title Insurance: Recovery For Emotional Distress For Wrongful Failure To Defend
Title Insurance: Recovery For Emotional Distress For Wrongful Failure To Defend
BYU Law Review
No abstract provided.
No-Fault: A Perspective, Leon Green
No-Fault: A Perspective, Leon Green
BYU Law Review
At the annual meeting of the Association of American Law Schools, December 27, 1974, the Torts Section sponsored a panel discussion of Professor Jeffrey O'Connell's proposal that no-fault insurance be expanded beyond the field of automobile accidents. The proposal, as presented in O'Connell, Expanding No-Fault Beyond Auto Insurance: Some Proposals, 59 VA. L. REV. 749 (1973), advocates "enterprise liability" for any entity or person that systematically creates risks of personal injury. It would be "no-fault" liability, blind to the fault of either party, and paid by the enterprise's insurer or by the enterprise as a self-insurer. Payments would be limited …