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Articles 1 - 19 of 19
Full-Text Articles in Law
Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff
Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff
Mercer Law Review
Several decisions rendered by the Georgia Court of Appeals which we discussed (and a few of which we criticized) in last year's survey were further clarified or overruled by the Georgia Supreme Court. As has been the pattern over the years, Georgia courts during this survey period reinforced that when any ambiguity exists in an insurance contract, courts will construe the contract in favor of finding coverage for the insured. However, when no ambiguity exists on the face of the insurance contract, courts will strictly enforce the provisions as written, and will rarely find any public policy preventing enforcement. One …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Word Games: Raising And Resolving The Shortcomings In Accident-Insurance Doctrine That Autoerotic-Asphyxiation Cases Reveal, Sam Erman
Michigan Law Review
This Note argues that autoerotic asphyxiation deaths are accidents and not the results of intentionally self-inflicted injuries. Part I formally analyzes accident-insurance case law to show that current, viable approaches to accident insurance indicate that autoerotic asphyxiation deaths are accidental. Part II claims autoerotic asphyxiation deaths should not trigger intentionally self-inflicted injury exclusion clauses because the practice does not intentionally injure. This Note concludes beneficiaries should recover when accident-insurance policyholders die during autoerotic asphyxiation.
An Examination Of Reinsurers’ Associations In Underlying Claims: The Iron Fist In The Velvet Glove?, Louis Torch
An Examination Of Reinsurers’ Associations In Underlying Claims: The Iron Fist In The Velvet Glove?, Louis Torch
The University of New Hampshire Law Review
[Excerpt] “The onslaught of environmental and asbestos claims coupled with the aftermath of the terrorist attacks of September 11, 2001, and their deleterious effects on the commercial property reinsurance industry, has left insurers and reinsurers reeling. This article submits that the iron fist in the velvet glove has replaced the once gentlemanly handshake that cemented contractual relations between cedent and reinsurer. The case law reveals that both cedent and reinsurer share the blame for this markedly adversarial shift. As the cases in this article demonstrate, cedents bear responsibility for shortcomings in their underwriting and claims handling, and reinsurers have often …
Consumer-Directed Health Care And The Chronically Ill, John V. Jacobi
Consumer-Directed Health Care And The Chronically Ill, John V. Jacobi
University of Michigan Journal of Law Reform
Insurance plans with consumer-controlled spending accounts are advocated as tools for reducing health costs and empowering consumers. This Article describes their recent development and argues that they are likely to fail. Instead of focusing on the small number of consumers with chronic illnesses who account for the bulk of health spending they focus on the majority of relatively well consumers. This Article proposes market-based and regulatory changes focused on high-cost patients. To best serve cost and quality goals, health finance responsibility should be divided between consumers and their employers for predictable and routine costs, and government for chronic and catastrophic …
Puncturing The Funnel—Saving The "Any Willing Provider" Statutes From Erisa Preemption, Sharon Reece
Puncturing The Funnel—Saving The "Any Willing Provider" Statutes From Erisa Preemption, Sharon Reece
University of Arkansas at Little Rock Law Review
No abstract provided.
"To Sue Or Not To Sue": The Past, Present And Future Of Construction Defect Litigation In Nevada, Robert J. Aalberts
"To Sue Or Not To Sue": The Past, Present And Future Of Construction Defect Litigation In Nevada, Robert J. Aalberts
Nevada Law Journal
No abstract provided.
Tangible Cash For An Intangible Loss? Insurance Coverage For Damage Or Loss Or Third-Party Data, Kendall Bodden
Tangible Cash For An Intangible Loss? Insurance Coverage For Damage Or Loss Or Third-Party Data, Kendall Bodden
Washington Journal of Law, Technology & Arts
Will general business insurance cover liability for electronic data loss? A recent change to Commercial General Liability language specifies that data is not “tangible property” for CGL coverage. However, many companies may still be covered by older policies that do not contain this express exclusion. Case law interpreting the older policy language tends to deny coverage for the lost data itself, but successful claims have been made based on the loss of use of hardware caused by a data loss.
Foreword: The State Of America’S Health Care System, Tommy G. Thompson
Foreword: The State Of America’S Health Care System, Tommy G. Thompson
William Mitchell Law Review
Thanks to technology, innovation, and creative entrepreneurs, Americans in the twenty-first century enjoy a wide variety of products and services that would astonish previous generations. Many of these innovations allow them to prevent, treat, cure, and recover from serious injuries and diseases that were once fatal. While medical knowledge and technology have surged ahead, some parts of the health care industry are still struggling to catch up. These include the ability to keep patient records up to date, prevent medical errors, and compensate patients promptly and fairly when errors do occur. The U.S. Department of Health and Human Services continues …
Can The Injured Pet Owner Look To Liability Insurance For Satisfaction Of A Judgment? The Coverage Implications Of Damages For The Injury Or Death Of A Companion Animal, Mark Sadler
Animal Law Review
Much has been written in recent years regarding the important role pets play in our society and the legal consequences that have developed from that relationship. Both our courts and legislatures have recognized, in certain circumstances, the ability of a pet owner to recover from a wrongdoer in the event of negligent or intentional conduct that results in the death or injury of a companion animal. However, securing a damages award and recovering on a judgment secured may present the aggrieved pet owner with two entirely different challenges. Liability insurance coverage is critical to the latter concern. This paper provides …
Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine
Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine
UIC Law Review
No abstract provided.
When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer
When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer
UIC Law Review
No abstract provided.
Follow The Money: Erisa Plan Investments In Mutual Funds And Insurance, 38 J. Marshall L. Rev. 867 (2005), Nell Hennessy
Follow The Money: Erisa Plan Investments In Mutual Funds And Insurance, 38 J. Marshall L. Rev. 867 (2005), Nell Hennessy
UIC Law Review
No abstract provided.
Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers
Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers
Seattle University Law Review
This article introduces the reader to disability insurance in Part II. Part III examines how ERISA is a mixture of different law and how that mixture led to discretionary clauses being inserted and the re- suiting severe conflicts of interest. Part IV looks at <em>Firestone Tire & Rubber Co. v. Bruch</em>, the seminal ERISA case on conflicts of interest. Part V examines the contributions that the Ninth Circuit has made to ERISA conflict of interest law. Part VI discusses scope of review and discovery and Part VII concludes that insurers should be strictly regulated in ERISA plans.
Erisa: State Regulation Of Insured Plans After Davila, 38 J. Marshall. L. Rev. 693 (2005), Donald T. Bogan
Erisa: State Regulation Of Insured Plans After Davila, 38 J. Marshall. L. Rev. 693 (2005), Donald T. Bogan
UIC Law Review
No abstract provided.
Section 409a-Treasury "Newspeak" Lost In The "Briar Patch", 38 J. Marshall L. Rev. 743 (2005), Richard Ehrhart
Section 409a-Treasury "Newspeak" Lost In The "Briar Patch", 38 J. Marshall L. Rev. 743 (2005), Richard Ehrhart
UIC Law Review
No abstract provided.
Taking One For The Team: Should Colleges Be Liable For Injuries Occurring During Student Participation In Club Sports?, Nick White
Vanderbilt Journal of Entertainment & Technology Law
Since the 1970s, colleges have not been liable for their adult students' actions or injuries, but courts have since delineated many exceptions to this rule. This Note will analyze the effect of college involvement in club sports as to whether it creates a duty for a college to protect its club athletes and those they might injure. This Note will also examine whether such a duty might exist in the future if the current trends in the law and college policy continue unchecked. Finally, this Note will address the effectiveness of the current defenses to liability and the effect of …
Use Of Colossus To Measure The General Damages Of A Personal Injury Claim Demonstrates Good Faith Claims Handling, Dawn R. Bonnett
Use Of Colossus To Measure The General Damages Of A Personal Injury Claim Demonstrates Good Faith Claims Handling, Dawn R. Bonnett
Cleveland State Law Review
Because the law of bad faith is the most volatile of the causes of action, this Note will discuss how using Colossus demonstrates good faith claims handling by insurance companies. Initially, this Note will discuss how Colossus works so readers have an understanding of the product. Following the Colossus section, the Note will discuss the history of bad faith. Finally, this Note will analyze how Colossus assists insurers in meeting the different good faith standards across the nation.
In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney
In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney
NYLS Law Review
No abstract provided.