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Full-Text Articles in Law
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Northwestern Journal of International Law & Business
American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predicate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to abandon the insurable interest doctrine. As both the English and Australian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …
Insurance Subrogation In Auto Medical Payments Coverage, Walter A. Rodgers
Insurance Subrogation In Auto Medical Payments Coverage, Walter A. Rodgers
Cleveland State Law Review
It is unnecessary to elaborate on the other major differences between the two policies as this study will be confined to a discussion of the provisions of the Medical Payments Coverage with an analysis of the treatment these provisions have received by various courts, and more particularly, to resolving the question of whether the subrogation of medical expenses by automobile insurers is an assignment of a bodily injury claim.
Taxation-Federal Estate Tax-Inclusion Of Proceeds Of Insurance Policies In The Gross Estate
Taxation-Federal Estate Tax-Inclusion Of Proceeds Of Insurance Policies In The Gross Estate
Michigan Law Review
It was only natural that the framers of our revenue acts, always on the lookout for new sources of revenue, should have turned their attention to the proceeds of insurance policies when they were dealing with the subject of death duties. It was natural for two reasons: first, the purchase of an insurance policy is nearly always prompted by some vague contemplation of death, and the receipt of the proceeds from a policy is intimately connected with death, in view of the fact that death normally is the event that brings about the maturity of the policy; and second, if …