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Full-Text Articles in Law

Insurance Issues Related To Lateral Hire Musical Chairs, Susan Saab Fortney Jul 2015

Insurance Issues Related To Lateral Hire Musical Chairs, Susan Saab Fortney

Susan S. Fortney

This article addresses the various insurance issues relating to lawyer mobility. Part I of this article introduces the topic by noting the heightened rate of lawyers making lateral moves and how insurance coverage has responded to an increasingly mobile legal labor force. Part II provides a brief historical perspective on insurer reaction to lateral hire claims. Part III analyzes specific policy provisions related to lateral hires for both the prior firm and the new firm. Part IV discusses how a firm and a lateral lawyer should study and address risks before consummating the move. Part V examines the problems related …


Insuring Floods: The Most Common And Devastating Natural Catastrophies In America, Christopher French Feb 2015

Insuring Floods: The Most Common And Devastating Natural Catastrophies In America, Christopher French

Christopher C. French

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …


Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman Dec 2014

Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman

Peter Siegelman

The presence of asymmetric information makes the behavior of insurance markets very difficult to predict. But I argue that the increasing use of Big Data by insurers will not result in forecasts of loss that are so accurate that they eliminate uncertainty, and with it, the possibility of insurance. Big Data techniques might lead to a “flip” in informational asymmetry, resulting in a situation in which insurers know more about their customers than the latter know about themselves. But the effects of such a development could actually be benign. Finally, the article considers the potential for Big (or at least, …


Insurance Agents In The Twenty-First Century: The Problem Of Biased Advice, Daniel Schwarcz, Peter Siegelman Dec 2014

Insurance Agents In The Twenty-First Century: The Problem Of Biased Advice, Daniel Schwarcz, Peter Siegelman

Peter Siegelman

No abstract provided.


The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr. Dec 2014

The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.

John Aloysius Cogan Jr.

Foodborne illnesses sicken millions and kill thousands of Americans every year. Our dysfunctional government food safety system appears incapable of protecting us, leading some to look to the private market for solutions to our food safety crisis. One private market approach, food safety liability insurance, is gaining popularity. This Article questions the emerging view that liability insurance can supplement government regulation of food safety. This article takes a more comprehensive approach than previous scholarship by systematically addressing the shortcomings of liability insurance as a regulator of food safety from three distinct perspectives: (1) an economics of information framework, (2) an …


Insurance Coverage For Elite Student-Athletes, Jill W. Lens, Joshua Lens Dec 2014

Insurance Coverage For Elite Student-Athletes, Jill W. Lens, Joshua Lens

Jill Wieber Lens

College athletics is commonly referred to as “big business” for universities. But it’s also big business for elite student-athletes, meaning those who are talented enough to later become professional athletes. What happens if they get injured while still in college? An injury could cost an elite student-athlete millions of dollars, in the form of lost expected future income from playing professional sports. More and more elite student-athletes are looking to insurance to help with this risk. 

This Article explores the types of insurance available for elite-student athletes, mainly total disability and loss-of-value insurance. The Article is the first to focus …


Insurance Law & Economics, Daniel Schwarcz, Peter Siegelman Dec 2014

Insurance Law & Economics, Daniel Schwarcz, Peter Siegelman

Peter Siegelman

No abstract provided.


The Role Of The Profit Imperative In Risk Management, Christopher French Dec 2014

The Role Of The Profit Imperative In Risk Management, Christopher French

Christopher C. French

Risks in the world abound.  Every day there is a chance that each of us could be in a car accident.  Or, one of us could be the victim of a tornado, flood or earthquake.  Every day someone becomes deathly ill from an insidious disease.  Our properties are in constant peril—one’s house could catch fire at any time or a tree could fall on it during a storm.  Any one of these events could have devastating financial consequences, and they are just a few of the many risks that impact our daily lives.  One of the principal ways we manage …


Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun Sep 2013

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

A unique and timely text in a burgeoning field, the Third Edition of Disaster Law and Policy takes a broad perspective that looks at the legal and political effects of disasters across the United States and around the world. Authors Daniel A. Farber, James Ming Chen, Robert R.M. Verchick, and Lisa Grow Sun examine the roles of lawyers and government in disaster prevention, emergency response, victim compensation, insurance, and rebuilding strategies. Materials include government reports, legal decisions, and readings drawn from a variety of disciplines. Memorable case studies and table-top exercises are added to help students evaluate and apply what …