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Articles 1 - 7 of 7
Full-Text Articles in Law
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
Health Care Law, Kathleen M. Mccauley, Kristi L. Vanderlaan
University of Richmond Law Review
No abstract provided.
Too Much Risk: The Impact Of Class Action Lawsuits On Claims Made Insurance Policies, Sean A. Smith
Too Much Risk: The Impact Of Class Action Lawsuits On Claims Made Insurance Policies, Sean A. Smith
Missouri Law Review
The dispute between H & R Block and its excess policy insurers presented the United States Court of Appeals for the Eighth Circuit with an issue of national first impression: does the existence of a series of class action lawsuits prior to the enactment of a claims made insurance policy make it reasonably foreseeable that similar future claims will be filed? 14 The Eighth Circuit's ultimate decision in H & R Block, Inc. v. American International Specialty Lines Insurance Co. will impact insurance coverage of major corporations nationally, in both the narrow context of the upcoming wave of lawsuits against …
The Definition Of "Accident" In Canadian Coverage Cases And The Unspoken "Useful Purpose" Test, Eric J. Adams
The Definition Of "Accident" In Canadian Coverage Cases And The Unspoken "Useful Purpose" Test, Eric J. Adams
Dalhousie Law Journal
Thispaper argues that courts tacitly weigh risks againstrewards when constructing the meaning of the term "accident." It suggests the phrase "courting the risk" takes on two distinct meanings. Firstly, at some point, the risks associated with an activity are said to be so substantial as to suggest an insured expected and, thus, courted any resulting losses.. Secondly, a party is deemed to court the risk of. loss if acting solely for the experience of risk, in and of itself,and not for any other redeeming benefit. The author outlines the evolution of the term "accident" in the case law and contrasts …
Climate Change Disclosure: Ensuring The Viability Of The Insurance Industry While Protecting The Investor, Kevin W. Weigand
Climate Change Disclosure: Ensuring The Viability Of The Insurance Industry While Protecting The Investor, Kevin W. Weigand
William & Mary Environmental Law and Policy Review
No abstract provided.
Disability Rights, Disability Discrimination, And Social Insurance, Mark C. Weber
Disability Rights, Disability Discrimination, And Social Insurance, Mark C. Weber
Georgia State University Law Review
No abstract provided.
D&O Insurance In Bankruptcy: Just Another Business Contract, Elina Chechelnitsky
D&O Insurance In Bankruptcy: Just Another Business Contract, Elina Chechelnitsky
Fordham Journal of Corporate & Financial Law
No abstract provided.
Common-Sense Construction Of Unfair Claims Settlement Statutes: Restoring The Good Faith In Bad Faith, Victor Schwartz, Christopher E. Appel
Common-Sense Construction Of Unfair Claims Settlement Statutes: Restoring The Good Faith In Bad Faith, Victor Schwartz, Christopher E. Appel
American University Law Review
This Article proposes to balance the scale by providing principles for the reasonable construction of bad-faith and unfair claims settlement practices in statutes applicable to insurance. Part I examines the history and development of bad-faith law, and discusses the common structure of statutes giving rise to badfaith settlement claims. Part II presents general principles courts may apply to resolve an action alleging bad faith, and specific principles courts may apply to address common issues with many states’ statutes. Part III then evaluates the public policy involved in applying such principles to first-party claims where the insured suffers an injury and …