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Articles 1 - 28 of 28
Full-Text Articles in Law
Maryland Insurance Co. V. Woods, Andrew Weissenberg
Maryland Insurance Co. V. Woods, Andrew Weissenberg
Legal History Publications
Maryland Insurance Company v. Woods, 10 U.S. 29 (1810). In 1803, Britain utilized France’s interference in the Civil Swiss Strife as a pretext to continue its occupancy of Malta, effectively ending the short-lived Treaty of Amiens. As the most impressive Naval Power in the world, Britain proceeded to blockade French, Spanish, and Dutch ports. In 1805, Williams Woods purchased two insurance policies from The Maryland Insurance Company, a successful and lucrative Baltimore marine insurance institution. The two policies covered the ship, The William and Mary, and its cargo. The policy assured the journey from Baltimore to Laguira, with “liberty at …
Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth
Issues Of Delay & Deviation In Marine Insurance: A Case Study Of Oliver V. The Maryland Insurance Company, 7 Cranach 487 (1813), Kyle Hildreth
Legal History Publications
An examination of the case Oliver v. The Maryland Insurance Company, 7 Cranch 487 (1813). In Oliver, Robert Oliver, the plaintiff, sued the Maryland Insurance Company, the defendant, in an attempt to recover on an insurance policy he had purchased for a shipment of goods aboard the snow Comet. The Comet was seized by a British ship on its return from Spain, and was condemned under the Orders in Council of 1807. The Court affirmed a lower court judgment that Oliver was not entitled to recover, because the Comet had engaged in an unreasonable delay and deviation …
Insurance For Acts Of Terrorism, Robert J. Rhee
Insurance For Acts Of Terrorism, Robert J. Rhee
Faculty Scholarship
This chapter discusses insurance case law arising from acts of terrorism, including those arising from the September 11 attacks. It analyzes the Terrorism Risk Insurance Act of 2002 (TRIA), as amended by the Terrorism Risk Insurance Act of 2005 and the Terrorism Risk Insurance Program Reauthorization Act of 2007, as well as the administrative program created by the legislation. Examples are provided and NAIC Policyholder Disclosure Notice forms are included. Policy considerations surrounding TRIA are also discussed including insurance industry strategies, the difficulties of assessing terrorism risks, the effect of TRIA subsidized insurance on the market, and the benefits and …
When The "Business Of Insurance" And The State Action Doctrine Burden The Public Adjuster: Stripping Away Antitrust Immunity In The Insurance Field, Julie Galbo
Student Articles and Papers
No abstract provided.
Hurricanes Katrina And Rita: Anti-Concurrent Causation Clauses, Enforcement And Implications, Kimberly Myers
Hurricanes Katrina And Rita: Anti-Concurrent Causation Clauses, Enforcement And Implications, Kimberly Myers
Student Articles and Papers
No abstract provided.
Nearly Blown Away: How Policyholders Affected By Hurricane Katrina May Recover Under Their Homeowner's Insurance Policies In The Face Of Anti-Concurrent Causation Language, Austen Endersby
Student Articles and Papers
No abstract provided.
The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale
The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale
Faculty Scholarship
Retainer care arrangements allow patients to pay a fee directly to a physician's office in order to obtain special access to care. Practices usually convert to retainer status by concentrating their attention on a small panel and dropping the majority of their patients. Proponents call retainer care a triumph of consumer-directed health care; opponents deride it as boutique medicine. Both sides are deploying a variety of legal tactics in order to attain their goals.
After surveying these conflicts, this article clarifies what is at stake by analyzing the three key features of retainer care: preventive care, queue-jumping, and amenity-bundling. Most …
Civil Authority Order Provisions In Business Interruption Insurance Policies: Why The Unique Circumstances Surrounding The Hurricane Katrina Evacuation Will Result In More Policyholder Recoveries Than Those Received By 9/11 Policyholders, Jennifer Cook
Student Articles and Papers
No abstract provided.
The Genetic Information Nondiscrimination Act Of 2008: History, Successes, And Future Considerations, Christine Formas Norris
The Genetic Information Nondiscrimination Act Of 2008: History, Successes, And Future Considerations, Christine Formas Norris
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Lost Legislative History Of The Equal Rights Amendment: Lessons From The Unpublished 1983 Markup By The House Judiciary Committee, Paul Taylor, Philip G. Kiko
The Lost Legislative History Of The Equal Rights Amendment: Lessons From The Unpublished 1983 Markup By The House Judiciary Committee, Paul Taylor, Philip G. Kiko
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Terrorism Risk In A Post-9/11 Economy: The Convergence Of Capital Markets, Insurance, And Government Action, Robert J. Rhee
Terrorism Risk In A Post-9/11 Economy: The Convergence Of Capital Markets, Insurance, And Government Action, Robert J. Rhee
Faculty Scholarship
September 11 changed the American economy and the global insurance market. The insurance industry no longer covers terrorism risk for "free." The traditional insurance mechanism alone cannot spread the risk of repeated catastrophic losses. Beyond the Terrorism Risk Insurance Act of 2002 lingers the questions of a longterm solution and government's role therein. Government can assume different roles: reinsurer, wealth (re)distributor, regulator, or a combination thereof. This article suggests that the government should foster a regulatory and tax environment in which the private sector can develop a capital market solution for terrorism risk. Securitization is an alternative to reinsurance and …
The Comparative Costs Of Allowing Consumer Choice For Auto Insurance In All Fifty States, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
The Comparative Costs Of Allowing Consumer Choice For Auto Insurance In All Fifty States, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
Maryland Law Review
No abstract provided.
The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse
Maryland Law Review
No abstract provided.
Section 6332(B) Of The Internal Revenue Code: Summary Levy Procedure On Life Insurance Policies - United States V. Prudential Insurance Co. Of America
Maryland Law Review
No abstract provided.
Hostile Fire Doctrine - Barcalo Mfg. Co. V. Firemen's Mutual Ins. Co
Hostile Fire Doctrine - Barcalo Mfg. Co. V. Firemen's Mutual Ins. Co
Maryland Law Review
No abstract provided.
Waiver And Estoppel Used To Extend Insurance Coverage - Ebert V. Balter
Waiver And Estoppel Used To Extend Insurance Coverage - Ebert V. Balter
Maryland Law Review
No abstract provided.
Punitive Damages: Punishment Of An Insured Defendant? - Carroway V. Johnson
Punitive Damages: Punishment Of An Insured Defendant? - Carroway V. Johnson
Maryland Law Review
No abstract provided.
Mail-Order Insurance: The F.T.C. Rides Again, Mary M. Walker
Mail-Order Insurance: The F.T.C. Rides Again, Mary M. Walker
Maryland Law Review
No abstract provided.
Exemption Of Life Insurance Cash Surrender Values From Bankruptcy Proceedings In Maryland - In Re Posin, Melvin D. Hill
Exemption Of Life Insurance Cash Surrender Values From Bankruptcy Proceedings In Maryland - In Re Posin, Melvin D. Hill
Maryland Law Review
No abstract provided.
Creation Of A Trust On Insurance Proceeds By The Use Of Precatory Expressions In A Testamentary Instrument - Waesche V. Rizzuto, Daniel F. Thomas
Creation Of A Trust On Insurance Proceeds By The Use Of Precatory Expressions In A Testamentary Instrument - Waesche V. Rizzuto, Daniel F. Thomas
Maryland Law Review
No abstract provided.
Insurance - Right Of Insurer To Subrogate To Collateral Contract Rights Of The Insured - In The Matter Of Future Manufacturing Cooperative, Inc., Donald C. Allen, Robert E. Powell
Insurance - Right Of Insurer To Subrogate To Collateral Contract Rights Of The Insured - In The Matter Of Future Manufacturing Cooperative, Inc., Donald C. Allen, Robert E. Powell
Maryland Law Review
No abstract provided.
Procedural Difficulties Arising Out Of Liability Insurance Of Charitable Or Governmental Bodies - Thomas V. Prince George's County
Maryland Law Review
No abstract provided.
Insurance - Isolated Instance Of Carrying For Hire Not "Public Or Livery Conveyance" Within Policy Exclusion - Stanley V. American Motorists Ins. Co.
Maryland Law Review
No abstract provided.
Insurance As Commerce Five Years Under The Seua Decision, Austin J. Lilly
Insurance As Commerce Five Years Under The Seua Decision, Austin J. Lilly
Maryland Law Review
No abstract provided.
Rights Of Holder Of Possibility Of Revertor And Owner Of Determinable Fee To Insurance Proceeds From Policy Procured By The Latter - Board Of Education V. Winding Gulf Collieries
Maryland Law Review
No abstract provided.
Recovery Under Accidental Death Policy For Death From Anesthetic - John Hancock Mutual Life Ins. Co. V. Plummer
Maryland Law Review
No abstract provided.
Interpretation Of Disability Insurance Policies - New England Life Insurance Co. V. Hurst
Interpretation Of Disability Insurance Policies - New England Life Insurance Co. V. Hurst
Maryland Law Review
No abstract provided.
Interpretation Of Disability Insurance Policies - New England Life Insurance Co. V. Hurst
Interpretation Of Disability Insurance Policies - New England Life Insurance Co. V. Hurst
Maryland Law Review
No abstract provided.