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Insurance Law

Torts

2014

Articles 1 - 2 of 2

Full-Text Articles in Law

Public Policy Considerations Concerning Insurance Bad Faith And Residual Market Mechanisms, Chad G. Marzen Jan 2014

Public Policy Considerations Concerning Insurance Bad Faith And Residual Market Mechanisms, Chad G. Marzen

Chad G. Marzen

The question of whether first-party insurance bad faith liability should be extended upon a state-run property insurer is an unresolved one in many jurisdictions. This article contributes to the contemporary literature regarding bad faith in insurance by comprehensively analyzing the history of, the nature of the claims associated with, and public policies concerning the imposition of bad faith liability upon state-run property insurers. This article makes it contribution by arguing the courts should not impose first-party bad faith liability on state-run property insurers who operate in the residual property insurance market.

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The Optimal Resolution Of Intra-Policy Um/Uim Stacking, Christopher Robinette, Jessica Smeriglio Dec 2013

The Optimal Resolution Of Intra-Policy Um/Uim Stacking, Christopher Robinette, Jessica Smeriglio

Christopher J Robinette

This article presents the uncertainty and inefficiency across the jurisdictions in intra-policy UM/UIM stacking in personal line automobile insurance policies and recommends a specific solution. Part II provides a brief description of UM/UIM coverage and stacking in general, and Part III delves into the complex issues surrounding UM/UIM stacking today, breaking down the factors and arguments specific to intra-policy and inter-policy stacking. Part IV discusses five general approaches states have taken towards stacking, including three different case examples specific to intra-policy stacking. Part V includes our recommendations for handling intra-policy stacking, followed by the conclusion in Part VI.



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