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Full-Text Articles in Law
The Limits Of Regulation By Insurance, Kenneth S. Abraham, Daniel Benjamin Schwarcz
The Limits Of Regulation By Insurance, Kenneth S. Abraham, Daniel Benjamin Schwarcz
Indiana Law Journal
Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and misleading aspiration for insurance—that it also can and often does substitute for or significantly complement health and safety regulation—is increasingly in vogue. This vision starts from the uncontroversial recognition that insurers typically adopt measures designed to counteract “moral hazard,” the tendency of insurance to blunt policyholders’ incentives to take care. But proponents of this vision go on to contend that the risk-reducing potential of insurance is significantly more extensive than is traditionally imagined, because insurers are …
The Promises And Pitfalls Of Harmonization: What Insurance Guarantee Schemes Tell Us About When Harmonization Works, Jordan Burton
The Promises And Pitfalls Of Harmonization: What Insurance Guarantee Schemes Tell Us About When Harmonization Works, Jordan Burton
Indiana Law Journal
In Part I, this Note considers the mechanisms of harmonization and the regulatory and fairness policy concerns that harmonization is designed to address. Part II explores some of the problems harmonization can create, with an eye toward how those problems manifest in the IGS context. Finally, Part III discusses how IGS address an urgent and inevitable problem that affects actors in the insurance market at every level. By analyzing comments on the Commission’s White Paper, Part III proposes that these three factors—convergence of stakeholder interest, inevitability, and urgency— are key to understanding when member states, EU citizens, and industry actors …
Insuring Corporate Crime, Miriam Hechler Baer
Insuring Corporate Crime, Miriam Hechler Baer
Indiana Law Journal
Corporate criminal liability has become an important and much-talked about topic. This Article argues that entity-based liability-particularly the manner in which it is currently applied by the federal government---creates social costs in excess of its benefits. To help companies better deter employee crime, the Article suggests the abolition of entity-wide criminal liability, and in its place, the adoption of an insurance system, whereby carriers would examine corporate compliance programs, estimate the risk that a corporation's employees would commit crimes, and then charge companies for insuring those risks. The insurance would cover civil penalties associated with the entity's employee-related criminal conduct. …
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Indiana Law Journal
No abstract provided.
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Insurance Discrimination Against Battered Women: Proposed Legislative Protections, Ellen J. Morrison
Indiana Law Journal
No abstract provided.
State Insurance Takeover Acts: A Constitutional Analysis After Edgar V. Mite, Christopher Keele
State Insurance Takeover Acts: A Constitutional Analysis After Edgar V. Mite, Christopher Keele
Indiana Law Journal
No abstract provided.
Indiana's Allowance Of Punitive Damages In Contract Actions Against Insurance Companies: How New Is It?, Susan Marguet
Indiana's Allowance Of Punitive Damages In Contract Actions Against Insurance Companies: How New Is It?, Susan Marguet
Indiana Law Journal
No abstract provided.
Defining Taxable Consumption: A Comment On Personal Insurance Premiums, William D. Popkin
Defining Taxable Consumption: A Comment On Personal Insurance Premiums, William D. Popkin
Indiana Law Journal
No abstract provided.
Administrative Control Of The Terms Of Insurance Contracts: A Comparative Study, Spencer L. Kimball, Werner Pfennigstorf
Administrative Control Of The Terms Of Insurance Contracts: A Comparative Study, Spencer L. Kimball, Werner Pfennigstorf
Indiana Law Journal
A related article published in this journal, Kimball and Pfennigstorf, Legislative Control of the Terms of Insurance Contracts: A Comparative Study, 39 IND. L.J. 675 (1964), examined legislative and judicial control of the provisions of insurance policies. Ideally, it would have been better to publish all aspects of control of insurance policies in one article, but length as well as complexity necessitated division of the subject matter. The reader who wishes a more complete picture of public control of the terms of insurance contracts should consult the earlier article and other available literature.
Legislative And Judicial Control Of The Terms Of Insurance Contracts: A Comparative Study Of American And European Practice, Spencer L. Kimball, Werner Pfennigstorf
Legislative And Judicial Control Of The Terms Of Insurance Contracts: A Comparative Study Of American And European Practice, Spencer L. Kimball, Werner Pfennigstorf
Indiana Law Journal
No abstract provided.
"Accident" And "Accidental Means" In Indiana
"Accident" And "Accidental Means" In Indiana
Indiana Law Journal
No abstract provided.
Contracts, Sales, Insurance, Henry B. Witham
Contracts, Sales, Insurance, Henry B. Witham
Indiana Law Journal
No abstract provided.
The Function Of Insurance Lawyers, E. W. Sawyer
The Function Of Insurance Lawyers, E. W. Sawyer
Indiana Law Journal
No abstract provided.
Insurance-Presumption Of Survivorship
Insurance-Accidental Means Distinguished From Accidental Result-Sunstroke
Insurance-Accidental Means Distinguished From Accidental Result-Sunstroke
Indiana Law Journal
No abstract provided.
Insurance-Recent Constructions Of Conditions In Policies
Insurance-Recent Constructions Of Conditions In Policies
Indiana Law Journal
No abstract provided.
Insurance-Rule Of Construction-Classification Of Risks
Insurance-Rule Of Construction-Classification Of Risks
Indiana Law Journal
No abstract provided.
Motion To Make More Specific-Res Gestae-Continuance-Proof Of Insurance
Motion To Make More Specific-Res Gestae-Continuance-Proof Of Insurance
Indiana Law Journal
No abstract provided.