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Full-Text Articles in Law

The Effect Of A Post-Occurrence Change Of Domicile Upon A Choice Of Law Determining The Validity Of Other-Insurance Clauses In An Accident Policy, Moffatt Hancock Oct 1983

The Effect Of A Post-Occurrence Change Of Domicile Upon A Choice Of Law Determining The Validity Of Other-Insurance Clauses In An Accident Policy, Moffatt Hancock

Dalhousie Law Journal

The state has a legitimate interest in applying a rule of decision to... litigation only if the facts to which the rule will be applied have created effects within the state for which the state's public policy is directed. To assess the sufficiency of asserted contacts between the forum and the litigation, the court must determine if the contacts form a reasonable link between the litigation and a state policy. Mr. Justice Powell' I. Facts of the Hague Case Like many hundreds of his fellow countrymen, Ralph Hague (with his wife Lavinia) made his home in one state, Wisconsin, and …


Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law Jun 1983

Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law

West Virginia Law Review

No abstract provided.


Ix. Insurance Mar 1983

Ix. Insurance

Washington and Lee Law Review

No abstract provided.


Section 767 Of The Illinois Insurance Code: Does It Pre-Empt Tort Liability, 16 J. Marshall L. Rev. 471 (1983), J. Douglas Durham Jan 1983

Section 767 Of The Illinois Insurance Code: Does It Pre-Empt Tort Liability, 16 J. Marshall L. Rev. 471 (1983), J. Douglas Durham

UIC Law Review

No abstract provided.


Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney Jan 1983

Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney

Seattle University Law Review

This Comment first outlines a few basic insurance concepts and distinguishes employer-provided plans from individually purchased policies. It then examines discrimination criteria and City of Los Angeles, Department of Water and Power v. Manhart's application of Title VII and applies those principles to Supreme Court cases. The Comment also suggests that FIPA be revised to extend its gender-neutral requirements only to employer provided group plans.


The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr. Jan 1983

The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr.

University of Richmond Law Review

The development of constitutional limitations on choice of law by the United States Supreme Court has turned primarily on the due process clause and the full faith and credit clause of the United States Constitution. In theory at least, each constitutional provision rests upon separate grounds. The full faith and credit clause, as it applies to public acts, would compel a forum state under appropriate circumstances to honor the sovereignty of a foreign state in the federal system and to apply the law of the foreign state whose interests are sufficiently compelling. The due process clause limits the power of …


Insurer's Liability For Prejudgment Interest: A Modern Approach, David J. Pierce Jan 1983

Insurer's Liability For Prejudgment Interest: A Modern Approach, David J. Pierce

University of Richmond Law Review

The term "prejudgment interest" denotes the interest on a judgment computed from the time of the actual injury to the date of the final judgment. It is interest on a sum of money which, until the rendering of final judgment, has not been declared to be damages for the plaintiff. Prejudgment interest is not punitive. It is better viewed as compensatory in nature because its purpose is to indemnify a claimant for the loss. of the money which presumably could have been earned had payment of damages not been delayed. Once a cause of action accrues, the injured party becomes …


Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton Jan 1983

Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton

Seattle University Law Review

This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …


Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton Jan 1983

Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton

Seattle University Law Review

This note examines Mutual of Enumclaw Insurance Company v. Wiscomb. The note supports the court’s decision to prohibit unbargained for family exclusion clauses, because it furthered the policies exemplified in the Financial Responsibility Law and the Underinsured Motorist Statute and acted consistently with its decision abrogating intrafamily tort immunity. However, the note argues that by suggesting it would uphold truly bargained for family exclusion clauses denying coverage to named insureds, the court ignored its own pronouncement declaring such clauses against this state’s policy of assuring compensation for the protection of innocent victims of negligent motorists.


The Insurance Classification Controversy, Regina Austin Jan 1983

The Insurance Classification Controversy, Regina Austin

All Faculty Scholarship

No abstract provided.


The Validity Of Time Limitations In Accidental Multiple Indemnity Death Provisions Of Life Insurance Policies, Samuel J. Arena Jr. Jan 1983

The Validity Of Time Limitations In Accidental Multiple Indemnity Death Provisions Of Life Insurance Policies, Samuel J. Arena Jr.

Villanova Law Review

No abstract provided.


First Party Bad Faith: Common Law Remedies And A Proposed Legislative Solution, Kerry B. Harvey, Thomas A. Wiseman Iii Jan 1983

First Party Bad Faith: Common Law Remedies And A Proposed Legislative Solution, Kerry B. Harvey, Thomas A. Wiseman Iii

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Insurance, Richard H. Underwood Jan 1983

Kentucky Law Survey: Insurance, Richard H. Underwood

Kentucky Law Journal

No abstract provided.