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1993

Insurance Law

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Articles 1 - 21 of 21

Full-Text Articles in Law

Oakland Hills Firestorm: Insurance Issues, Senate Committee On Insurance, Claims And Corporations Oct 1993

Oakland Hills Firestorm: Insurance Issues, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.


Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr. Oct 1993

Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein Oct 1993

Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein

California Regulatory Law Reporter

No abstract provided.


A Summary Of The Health Care And Insurance Reform Act Of 1993: Florida Blazes The Trail, Bruce D. Platt Oct 1993

A Summary Of The Health Care And Insurance Reform Act Of 1993: Florida Blazes The Trail, Bruce D. Platt

Florida State University Law Review

No abstract provided.


The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey Oct 1993

The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey

William & Mary Environmental Law and Policy Review

No abstract provided.


Book Review, Mitchell M. Simon Sep 1993

Book Review, Mitchell M. Simon

RISK: Health, Safety & Environment (1990-2002)

Review of: MARC A. RODWIN, MEDICINE, MONEY & MORALS: PHYSICIANS' CONFLICTS OF INTEREST. (Oxford University Press 1993). [430 pp.] Acknowledgements, acronyms, appendices, foreword, index, notes. LC: 92-49488; ISBN: 0-19-508096-3. [Cloth $25.00. 200 Madison Avenue, New York NY 10016.]


And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber Jul 1993

And Promises To Keep: The Future In Employment Discrimination, Julia C. Lamber

Indiana Law Journal

No abstract provided.


Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler,, J. D'Angelo, R. C. Fellmeth Jul 1993

Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler,, J. D'Angelo, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Dimmitt Chevrolet V. Southeastern Fidelity Insurance Corp.: Florida Interprets The "Sudden And Accidental" Clause, Walter E. Engle Iii Jul 1993

Dimmitt Chevrolet V. Southeastern Fidelity Insurance Corp.: Florida Interprets The "Sudden And Accidental" Clause, Walter E. Engle Iii

Mercer Law Review

In Dimmitt Chevrolet v. Southeastern Fidelity Insurance Corp., the Florida Supreme Court, in a four to three decision, held that the "sudden and accidental" language ,used in the pollution exclusion clause of comprehensive general liability ("CGL") insurance contracts is capable of more than one meaning and is therefore ambiguous. The court then held that so long as environmental contamination is unexpected and unintended on the part of the insured, coverage is not excluded under a CGL insurance policy by the pollution exclusion clause. The court, by first determining that the sudden and accidental language was ambiguous and then analyzing …


Labor Dispute Disqualification For Unemployment Compensation Benefits, Ken Matheny Apr 1993

Labor Dispute Disqualification For Unemployment Compensation Benefits, Ken Matheny

West Virginia Law Review

No abstract provided.


Insurance Tax Policy And Health Care Reform: Back To The Future , Curt W. Fochtmann, Frank E. Plan, Thomas J. Minor Mar 1993

Insurance Tax Policy And Health Care Reform: Back To The Future , Curt W. Fochtmann, Frank E. Plan, Thomas J. Minor

Washington and Lee Law Review

No abstract provided.


Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler Jan 1993

Department Of Insurance, E. Kim, V. Shalkevich, C. Wheeler

California Regulatory Law Reporter

No abstract provided.


Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum Jan 1993

Fear, Discrimination And Dying In The Workplace: Aids And The Capping Of Employees' Health Insurance Benefits, Thomas E. Bartrum

Kentucky Law Journal

No abstract provided.


Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel Jan 1993

Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel

Scholarly Works

Insurance law often is ironically regarded as both consistent and confusing. However, the 1980s saw significant flowering in the development of an insurance coverage interpretation doctrine that, although seriously flawed in its present form, offers the as yet untapped potential of substantial improvement in judicial construction of commercial insurance policies through seemingly inconsistent treatment of insurance coverage disputes.

During the past two decades, in response to the prodding of lawyers representing insurers, courts have increasingly noted that not all insurance policyholders are equal. Some have more money and bargaining clout than others. Some have more sophistication and understanding about the …


Rules & Regulations Jan 1993

Rules & Regulations

Touro Law Review

No abstract provided.


Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr. Jan 1993

Revising Section 402a: The Limits Of Tort As Social Insurance, James A. Henderson Jr.

Touro Law Review

No abstract provided.


Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley Jan 1993

Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley

Articles

Evidence of physician attitudes favoring the withholding of needed medical treatment from infants infected with HIV compels a reassessment of the applicability and adequacy of existing law in dealing with selective nontreatment. Although we can hope to have learned some lessons from the Baby Doe controversy of the mid-1980s, whether the legislation emerging from that controversy, the Child Abuse Amendments of 1984, has ever adequately dealt with the problem of nontreatment remains far from clear. Today, the medical and social characteristics of most infants infected with HIV introduce new variables into our assessment of that legislation. At stake are the …


Foreword: Health Care Reform In The United States—The Presidential Task Force, Lawrence O. Gostin Jan 1993

Foreword: Health Care Reform In The United States—The Presidential Task Force, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Implementing U.S. Health Care Reform, a symposium held in 1993.

The exact specifications of the new health care system depend on the package that President Clinton will send to Capitol Hill and the changes that Congress will make in the reform package. Some of the basic structures and organizing principles of the new system that are being considered by the President are already the subject of intense public scrutiny.

The design being considered would involve new relations between the federal government and the states, between the public and private sectors, and between …


Health Care Reform In The United States, Lawrence O. Gostin Jan 1993

Health Care Reform In The United States, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The author presents a brief description of the design features and objectives of the health care reform package, together with the reasons to support reform of the health care system in the United States.


Bank Powers To Sell Annuities, Tamar Frankel Jan 1993

Bank Powers To Sell Annuities, Tamar Frankel

Faculty Scholarship

The conflict over turf between the banking industry and the insurance agents has heated up again. In the 1993 case Variable Annuity Life Ins. Co. v. Clarke, 1 the Fifth Circuit held banks have no power to sell fixed annuities issued by insurance companies in cities with more than 5,000 inhabitants. On June 6, 1994, the Supreme Court granted certiorari to review the decision. 3 Both the Clinton Administration and members of Congress are considering steps toward resolving this issue. Concerned that the flight of high-quality borrowers from the banking system has rendered bank lending increasingly risky, the Comptroller of …


Private Insurance, Social Insurance, And Tort Reform: Toward A New Vision Of Compensation For Illness And Injury, Kenneth S. Abraham, Lance Liebman Jan 1993

Private Insurance, Social Insurance, And Tort Reform: Toward A New Vision Of Compensation For Illness And Injury, Kenneth S. Abraham, Lance Liebman

Faculty Scholarship

The United States does not have a system for compensating the victims of illness and injury; it has a set of different institutions that provide compensation. We rely on both tort law and giant programs of public and private insurance to compensate the victims of illness and injury. These institutions perform related functions, but the relationships among them are far from coherent. Indeed, the institutions sometimes work at cross-purposes, compensating some victims excessively and others not at all.

The absence of a coherent system of compensation is reflected even in suggested reforms of existing institutions. Proposals to reform tort law …