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Articles 1 - 13 of 13
Full-Text Articles in Law
Insurance, Ralph F. Simpson
Insurance, Ralph F. Simpson
Mercer Law Review
The volume of cases that reached the appellate courts of Georgia during this survey period was greater than last year. The courts decided slightly over fifty cases this year that dealt with insurance issues. Most of these cases originated from the trial courts on declaratory judgment actions. Indeed, over twenty of the cases reviewed in this Article are declaratory judgment actions. The current trend seems to be for the insurer to file a declaratory judgment action to determine coverage issues while attempting to stay the case on the merits that gave rise to those issues. The reason for this is …
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
University of Michigan Journal of Law Reform
A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …
Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas
Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas
University of Arkansas at Little Rock Law Review
No abstract provided.
Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir
Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir
Washington and Lee Law Review
No abstract provided.
Substantially Prevailed Damages: Fee Shifting In West Virginia Insurance Law, Richard L. Costella
Substantially Prevailed Damages: Fee Shifting In West Virginia Insurance Law, Richard L. Costella
West Virginia Law Review
No abstract provided.
Legislative Powers, Court Of Appeals Blue Cross & Blue Shield V. Mccall
Legislative Powers, Court Of Appeals Blue Cross & Blue Shield V. Mccall
Touro Law Review
No abstract provided.
Does Lack Of An Insurable Interest Preclude An Insurance Agent From Taking An Absolute Assignment Of His Client's Life Policy?, Johnny C. Parker
Does Lack Of An Insurable Interest Preclude An Insurance Agent From Taking An Absolute Assignment Of His Client's Life Policy?, Johnny C. Parker
University of Richmond Law Review
To understand any concept it helps to know the purposes it serves and the objectives it seeks to achieve. The maxim that one "must have an insurable interest in the life or property insured" has haunted insurance law for centuries. This doctrine conditions both the validity and enforceability of insurance contracts upon the existence of an insurable interest in the person who purchases the policy. The considerations which underlie the insurable interest requirement are generally expressed in terms of public policy: (1) against allowing wagering contracts; (2) against fostering temptation to destroy the insured property or life in an effort …
Legal Attack On Cost Containment Mechanisms: The Expansion Of Liability For Physicians And Managed Care Orgainizations, 31 J. Marshall L. Rev. 207 (1997), Allison Faber Walsh
Legal Attack On Cost Containment Mechanisms: The Expansion Of Liability For Physicians And Managed Care Orgainizations, 31 J. Marshall L. Rev. 207 (1997), Allison Faber Walsh
UIC Law Review
No abstract provided.
Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes
Solving The Insurance/Genetic Fair/Unfair Discrimination Dilemma In Light Of The Human Genome Project, Eric Mills Holmes
Kentucky Law Journal
No abstract provided.
Lovewell V. Physicians Insurance Co.: Personal Liability For Prejudgment Interest , Karin Mika
Lovewell V. Physicians Insurance Co.: Personal Liability For Prejudgment Interest , Karin Mika
Cleveland State Law Review
This article discusses the Ohio Supreme Court's decision in Lovewell by walking through the case from trial court to the final Supreme Court decision. The case raises many issues regarding the future of litigation involving parties who refuse to settle pursuant to a contractual right. Although, on the surface, it would appear that the court clarified what entity would ultimately be responsible for paying a prejudgment interest award, its failure to address other issues left open the potential for future litigation concerning the traditional relationship between the insurer and the insured. While Lovewell does not necessarily mean the death knell …
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Cleveland State Law Review
The automobile insurance industry is up in arms after a decade of consumer friendly Ohio Supreme Court decisions. The insurance industry and commentators have noted the trend of judicial activism in interpreting insurance contracts. These decisions have been overwhelmingly in favor of consumers and against insurance companies. The Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is another consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts. This note walks through the Holt case, starting at the trial court level and working up through the Ohio …
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien Hylton
Some Preliminary Thoughts On The Deregulation Of Insurance To Advantage The Working Poor, Maria O'Brien Hylton
Fordham Urban Law Journal
The regulatory framework in which employee benefits products are marketed and consumed by individuals and groups seeking to reduce exposure to covered events which influences the way insurance products are developed. The paper examines the important role that various forms on insurance play in the total compensation of low wage employees, focusing in particular on disability and health insurance. In particular, the author seeks ways in which the applicable regulatory framework might be altered to improve access and coverage. The important aspect of state regulatory law is the growing tendency to impose mandates on insurers who wish to do business …
Physician Employment Under Managed Care: Toward A Retaliatory Discharge Cause Of Action For Hmo-Affiliated Physicians, Peter B. Jurgeleit
Physician Employment Under Managed Care: Toward A Retaliatory Discharge Cause Of Action For Hmo-Affiliated Physicians, Peter B. Jurgeleit
Indiana Law Journal
No abstract provided.