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Full-Text Articles in Law

Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes Jul 1978

Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes

Scholarly Works

The purpose of this essay is to suggest an analytic framework for solving a recurrent insurance problem which springs from what might be called an "evidentiary condition." These conditions can be found in most classes of insurance policies. The immodest purpose of this modest essay is to devise a line of analysis which resolves the problems raised by evidentiary conditions and affords sensitivity and protection to all the competing interests in an insurance contract. The proffered solution, which I label the doctrine of evidentiary conditions, may furnish a doctrinal bridge for reconciling the two disparate contract schools.


Should Legal Malpractice Insurance Be Mandatory? Mar 1978

Should Legal Malpractice Insurance Be Mandatory?

BYU Law Review

No abstract provided.


Recent Developments In Nova Scotia Insurance Law, James A. Rendall Feb 1978

Recent Developments In Nova Scotia Insurance Law, James A. Rendall

Dalhousie Law Journal

Insurance is a prolific area of the law in terms of litigation. Many more judgments have been handed down in Nova Scotia recently than could be reviewed profitably in an article of reasonable length. In an attempt to review a representative sample of the range of insurance problems currently occupying Nova Scotia courts, Part II of this article deals with a variety of cases arranged under six headings. The topics represented have been chosen by reason of their recurrent enduring importance in insurance law, as with "insurable interest", by reason of current importance to the legal profession, as with "limitation ...


M.F.A. Mutual Insurance Co. V. Cheek: Illinois Adopts A Prejudice Standard For Policy Defenses Based On Breach Of Cooperation, Charles Webster Jan 1978

M.F.A. Mutual Insurance Co. V. Cheek: Illinois Adopts A Prejudice Standard For Policy Defenses Based On Breach Of Cooperation, Charles Webster

Loyola University Chicago Law Journal

No abstract provided.


Primary Liability Under Excess Insurance Clauses: State Capital Insurance Co. V. Mutual Assurance Society Against Fire On Buildings, Paul K. Campsen Jan 1978

Primary Liability Under Excess Insurance Clauses: State Capital Insurance Co. V. Mutual Assurance Society Against Fire On Buildings, Paul K. Campsen

University of Richmond Law Review

Insurance is a contract by which the insurer undertakes to indemnify the insured against loss arising from the destruction of or injury to the insured's property as a result of certain causes. By its very nature an indemnity contract obligates the insurer to reimburse the insured for the amount of actual loss suffered by the insured. There are, however, situations in which multiple insurance coverage exists; that is, the same interest and the same risk are insured at the same time by more than one separate and distinct insurance contract, each presumably liable in the event of loss of ...


Kentucky Law Survey: Insurance, Joe C. Savage Jan 1978

Kentucky Law Survey: Insurance, Joe C. Savage

Kentucky Law Journal

No abstract provided.


An Insurer's Liability To Third Parties For Negligent Inspection, Michael Braden Jan 1978

An Insurer's Liability To Third Parties For Negligent Inspection, Michael Braden

Kentucky Law Journal

No abstract provided.


The Scope Of The Insurance Industry's Sherman Act Exemption: New Considerations, Leonard M. Singer Jan 1978

The Scope Of The Insurance Industry's Sherman Act Exemption: New Considerations, Leonard M. Singer

Boston College Law Review

No abstract provided.


Harnessing The Liability Lottery: Elective First-Party No-Fault Insurance Financed By Third-Party Tort Claims, Jeffrey O'Connell Jan 1978

Harnessing The Liability Lottery: Elective First-Party No-Fault Insurance Financed By Third-Party Tort Claims, Jeffrey O'Connell

Washington University Law Review

No abstract provided.


Erisa Preemption And Indirect Regulation Of Employee Welfare Plans Through State Insurance Laws, Leslie Levin Jan 1978

Erisa Preemption And Indirect Regulation Of Employee Welfare Plans Through State Insurance Laws, Leslie Levin

Faculty Articles and Papers

The Employee Retirement Income Security Act of 1974 (ERISA), enacted to correct widespread abuses in the area of employee benefit plans, imposes federal minimum standards for plan reporting and disclosure, vesting, funding, and fiduciary responsibilities. To ensure national uniformity, section 514 preempts state laws that "relate to" employee benefit plans. Since ERISA affects many areas traditionally governed by state law, the extent to which states may continue to regulate certain activities whenever such regulation "relate[s] to" employee benefit plans has been the subject of much litigation.


Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb Jan 1978

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review

No abstract provided.


Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer Jan 1978

Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer

Fordham Urban Law Journal

This Comment discusses the Fair Access to Insurance Requirements (FAIR) plans implemented in twenty-six states, the District of Columbia, and Puerto Rico pursuant to the Urban Property Insurance Protection and Reinsurance act in an attempt to ameliorate urban deterioration by reducing unfair insurance pratices. These plans provided insurance to property owners denied insurancy in the voluntary market. The Comment outlines the history of FAIR plans, their federally mandated guidelines, and the state's implementation of such requrements, the Holtzman amendment of 1978 (requiring at least one-third of the voting members of the FAIR plan governing boards to be independent representatives ...