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1994

Insurance Law

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Full-Text Articles in Law

Insurance, Maximilian A. Pock Dec 1994

Insurance, Maximilian A. Pock

Mercer Law Review

The current survey year has again yielded a rich harvest of insurance cases. Georgia appellate courts have handed down more than ninety decisions. Several are cases of first impression in Georgia, while many others have applied or adapted traditional doctrine to a novel factual matrix. These cases merit exegesis and discussion in varying degrees of specificity. Although arising in an insurance integument, the remaining cases concern general substantive law, narrow administrative or technical questions, or pervasive evidentiary and procedural issues. They are better discussed under another title or heading.

Perhaps one impressionistic and general observation is in order. The new ...


Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo Oct 1994

Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Review Of: Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr. Sep 1994

Review Of: Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr.

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

Review of: Making Decisions about Liability and Insurance (Colin Camerer & Howard Kunreuther eds., Kluwer Academic Publishers 1993). Figures, index, notes, tables. ISBN 0-7923-9393-7 [139 pp. Cloth $89.95. 101 Phillip Drive, Assinippi Park, Norwell MA 02061.1


The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford Sep 1994

The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.


Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein, J. D'Angelo Jul 1994

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

California Regulatory Law Reporter

No abstract provided.


Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz May 1994

Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz

William & Mary Law Review

No abstract provided.


Insurance—Subrogation—A Subrogation Clause In A Health Insurance Policy Is Enforceable Even Though The Insured Has Not Been Made Whole. Higginbotham V. Ark. Blue Cross & Blue Shield, 312 Ark. 199 (1993)., Paul R. Thomson Iii Apr 1994

Insurance—Subrogation—A Subrogation Clause In A Health Insurance Policy Is Enforceable Even Though The Insured Has Not Been Made Whole. Higginbotham V. Ark. Blue Cross & Blue Shield, 312 Ark. 199 (1993)., Paul R. Thomson Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


The Insurance Fallout Following Hurricane Andrew: Whether Insurance Companies Are Legally Obligated To Pay For Building Code Upgrades Despite The "Ordinance Or Law" Exclusion Contained In Most Homeowners Policies, Hugh L. Wood Jr. Apr 1994

The Insurance Fallout Following Hurricane Andrew: Whether Insurance Companies Are Legally Obligated To Pay For Building Code Upgrades Despite The "Ordinance Or Law" Exclusion Contained In Most Homeowners Policies, Hugh L. Wood Jr.

University of Miami Law Review

No abstract provided.


Unemployment Insurance: American Social Wage Labor Organization And Legal Ideology, Kenneth M. Casebeer Mar 1994

Unemployment Insurance: American Social Wage Labor Organization And Legal Ideology, Kenneth M. Casebeer

Boston College Law Review

No abstract provided.


The Public Policy Exclusion And Insurance For Intentional Employment Discrimination, Sean W. Gallagher Mar 1994

The Public Policy Exclusion And Insurance For Intentional Employment Discrimination, Sean W. Gallagher

Michigan Law Review

This Note argues that courts choosing to apply the public policy exclusion to insurance for intentional employment discrimination liability should nevertheless permit employers to enforce insurance covering negligent supervision liability and liability imputed to an employer as a result of the intentional discrimination committed by its employees. Part I establishes a framework for understanding the cases in which courts have invoked public policy to refuse enforcement of insurance contracts, arguing that the rationale behind the public policy exclusion is utilitarian and that courts refuse to enforce insurance for liability arising out of intentional wrongdoing on the grounds that such insurance ...


The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith Feb 1994

The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith

William & Mary Law Review

No abstract provided.


The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg Jan 1994

The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Regulation Of The Insurance Industry After Hartford Fire Insurance V. California: The Mccarran-Ferguson Act Antitrust Policies, Charles R. Mcguire Jan 1994

Regulation Of The Insurance Industry After Hartford Fire Insurance V. California: The Mccarran-Ferguson Act Antitrust Policies, Charles R. Mcguire

Loyola University Chicago Law Journal

No abstract provided.


Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell Jan 1994

Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell

University of Richmond Law Review

Automobile liability insurance coverage is considered one of the basic necessities of modern living, following closely on the heels of shelter and food. This priority is the outgrowth of two facts of life: one, that automobile transportation is practically unavoidable and two, that automobile accidents are practically inevitable. Thus, the shadow of liability for the damage and the suffering of automobile accidents falls across most of the American population. Because the losses which may be sustained by the negligent-and the innocent alike-are so great, the need for protection has escalated to the top of modern society's list of indispensable ...


Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein Jan 1994

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

California Regulatory Law Reporter

No abstract provided.


Triggering An Obligation: Receipt Of An Epa Prp Letter And An Insurer's Duty To Defend, Sidney S. Liebesman Jan 1994

Triggering An Obligation: Receipt Of An Epa Prp Letter And An Insurer's Duty To Defend, Sidney S. Liebesman

Villanova Environmental Law Journal

No abstract provided.


Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian Jan 1994

Equal Protection: New York State Clinical Laboratory Ass'n Inc. V. Kaladjian

Touro Law Review

No abstract provided.


The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born Jan 1994

The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born

Vanderbilt Law School Faculty Publications

The stabilization of the insurance market may lead to lower prices for products and for medical care, but will also generally lead to lower values of tort awards as well. If the social objective was simply to reduce losses, then that objective could be achieved by abolishing tort liability altogether. Our societal concerns are clearly much broader. In the absence of a more detailed assessment of the desirability of the reforms and their effect on injured parties, it would be premature to conclude that reform efforts that were successful in enhancing insurance market profitability should be judged a success from ...


Solving The Judgment-Proof Problem, Kyle D. Logue Jan 1994

Solving The Judgment-Proof Problem, Kyle D. Logue

Articles

A tortfeasor who cannot fully pay for the harms that it causes is said to be "judgment proof." Commentators have long recognized that the existence of judgment-proof tortfeasors seriously undermines the deterrence and insurance goals of tort law. The deterrence goal is undermined because, irrespective of the liability rule, judgment-proof tortfeasors will not fully internalize the costs of the accidents they cause. The insurance goal will be undermined to the extent that the judgment-proof tortfeasor will not be able to compensate fully its victims and that first-party insurance markets do not provide an adequate response. Liability insurance can ameliorate these ...


Constructing The Insurance Relationship: Sales Stories, Claims Stories, And Insurance Contract Damages, Tom Baker Jan 1994

Constructing The Insurance Relationship: Sales Stories, Claims Stories, And Insurance Contract Damages, Tom Baker

Faculty Scholarship at Penn Carey Law

No abstract provided.


Federal Courts And The Regulation Of The Insurance Industry: An Empirical And Historical Analysis Of Courts' Ineffectual Attempts To Harmonize Federal Antitrust, Arbitration, And Insolvency Statutes With The Mccarran-Ferguson Act--1941-1993, Willy E. Rice Jan 1994

Federal Courts And The Regulation Of The Insurance Industry: An Empirical And Historical Analysis Of Courts' Ineffectual Attempts To Harmonize Federal Antitrust, Arbitration, And Insolvency Statutes With The Mccarran-Ferguson Act--1941-1993, Willy E. Rice

Faculty Articles

The movement to reform the McCarran-Ferguson Act is misplaced. The Supreme Court and the lower federal courts are inferior forums for resolving insurance-related controversies. The language of the McCarran-Ferguson Act is unclear, and this lack of clarity created division among the federal courts.

Courts are divided over the definition of “business of insurance” and this causes problems for both consumers and the insurance industry. In addition, the Act also states that the Sherman Act shall apply to any insurance-related agreement or activity involving boycott, coercion, or intimidation; yet again, courts are divided over the applicability of the Sherman Act. Also ...


Dailey V. National Hockey League: The Impact Of Erisa's Exclusive Federal Jurisdiction On The Applicability Of The Princess Lida Doctrine In An International Sports Context, Candice I. Polsky Jan 1994

Dailey V. National Hockey League: The Impact Of Erisa's Exclusive Federal Jurisdiction On The Applicability Of The Princess Lida Doctrine In An International Sports Context, Candice I. Polsky

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Progression Of Trigger Litigation In Maryland - Determining The Appropriate Trigger Of Coverage, Its Limitations, And Ramifications, Lee H. Ogburn Jan 1994

The Progression Of Trigger Litigation In Maryland - Determining The Appropriate Trigger Of Coverage, Its Limitations, And Ramifications, Lee H. Ogburn

Maryland Law Review

No abstract provided.


Pay At The Pump Auto Insurance: The Vehicle Injury Plan (Vip) For Better Compensation, Fairer Funding And Greater Safety, Stephen D. Sugarman Dec 1993

Pay At The Pump Auto Insurance: The Vehicle Injury Plan (Vip) For Better Compensation, Fairer Funding And Greater Safety, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.