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Articles 1 - 3 of 3
Full-Text Articles in Law
The Tale Of A Tail, James F. Hogg
The Tale Of A Tail, James F. Hogg
Faculty Scholarship
The commercial general liability insurance industry shifted, in 1986, from the use of an “occurrence-based” to a “claims-made” policy form. So-called “tail” or “long tail” claims have continued nevertheless, to be asserted under the older “occurrence” policies which required that injury occur during the term of the policy, but not that the claim for such injury be made or brought at any particular time. In seeking state approval to use the new “claims-made” form in 1985-86, the insurance industry represented that the new form would not affect coverage under the old “occurrence” form. Despite that representation, insurers are now asserting, …
Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson
Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson
Faculty Scholarship
The Minnesota No-Fault Automobile Insurance Act was intended to ensure the “prompt payment of specific basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident,” to prevent overcompensation of less seriously injured people by the interposition of tort thresholds, and to encourage appropriate medical and rehabilitation treatment by assuring prompt payment for that treatment. It seems clear that at least some of the initial promise of the Act has not been fulfilled. Payment of basic economic loss benefits, which the legislature intended to be paid promptly, has become bogged down in a quagmire …
A Comparative Analysis Of Minnesota Products Liability Law And The Restatement (Third) Of Torts: Products Liability, Michael K. Steenson
A Comparative Analysis Of Minnesota Products Liability Law And The Restatement (Third) Of Torts: Products Liability, Michael K. Steenson
Faculty Scholarship
This Article compares the Restatement (Third) of Torts: Products Liability with Minnesota products liability law. The Restatement (Third) of Torts: Products Liability provides a yardstick for measuring products liability law in each individual state. Minnesota's law is largely similar to the rules set out in the Restatement. While Minnesota has not yet adopted all of the positions in all of the rules, the Minnesota Supreme Court has taken positions on the rules governing liability, which are substantially the same. It no longer seems possible to argue that negligence principles do not control in cases involving design defect and failure to …