Law Commons^™

The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue

Journal of Law and Mobility

This Article lays out the potential (at this point purely theoretical) deterrence benefits of replacing our current auto tort regime (including auto products liability law, driver-based negligence claims, and auto no-fault regimes) with a single, comprehensive automaker enterprise liability system. This new regime would apply not only to Level 5 vehicles, but to all automobiles made and sold to be driven on public roads. Because such a system would make automakers unconditionally responsible for the economic losses resulting from any crashes of their vehicles, it would in effect make automakers into auto insurers as well, although such a change will …

Detecting And Preventing Insurance Fraud: State Of The Nation In Review, Johnny C. Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

General Principles And Introductory Matters In Motor Vehicle Insurance Law, Christopher Robinette

Christopher J Robinette

No Trifling Matter: Forms, Bulletins, And Administrative Rulemaking In Louisiana After Gingles V. Dardenne, Michael J. Fagan Jr.

Louisiana Law Review

No abstract provided.

Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Albert Yoon, Tom Baker

Vanderbilt Law Review

Although their express purpose is to adjudicate disputes, courts by their institutional design encourage civil litigants to settle their differences without resorting to trial. Most civil systems impose filing fees, pleading requirements, and a highly formalized presentation of evidence; also, because of crowded civil dockets, courts typically require litigants to wait months, or even years, for their trial date.' For these reasons, and because of the increasing costs of legal representation, it is not surprising that the majority of litigants settle before trial. Notwithstanding these measures, federal courts and most state courts have an additional mechanism to encourage settlement, generally …

No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager

University of Miami Law Review

No abstract provided.

Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler

Cleveland State Law Review

The automobile insurance industry is up in arms after a decade of consumer friendly Ohio Supreme Court decisions. The insurance industry and commentators have noted the trend of judicial activism in interpreting insurance contracts. These decisions have been overwhelmingly in favor of consumers and against insurance companies. The Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is another consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts. This note walks through the Holt case, starting at the trial court level and working up through the Ohio …

Automobile Insurance Policies Build "Write-Away" Around Frolic And Detour, A Persistent Problem On The Highway Of Torts, William A. Wines

Campbell Law Review

This article reviews the controversy surrounding the "frolic and detour" doctrine, looks at the Restatement (Second) of Agency position on the question, and examines a standard of automobile insurance policy containing the permissive user clause. Next, the results of an empirical test of whether the frequency of litigation has decreased in the "frolic and detour" area is presented.

State Farm Mutual Automobile Insurance Co. V. Azhar: Protecting The New Victims Of "Hit & Run" In Underinsured Motorist Coverage-Insurance Companies, James Thomas Rivera

Louisiana Law Review

No abstract provided.

Insurance Claims Fraud Problems And Remedies, Robert W. Emerson

University of Miami Law Review

No abstract provided.

Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett

Cleveland State Law Review

The Ohio Supreme Court in Wood v. Shepard had occasion to interpret Ohio's wrongful death statute in conjunction with Ohio's uninsured and underinsured motorist statute (UUM). The court held that the wrongful death of an insured creates separate claims that are not subject to a single person limit of liability in the deceased insured's UUM coverage. Wood is a nebulous decision. It overcompensates the deceased insured's surviving family members and turns the deceased insured's UUM coverage into a bottomless well from which the surviving family members may draw compensation. The full effect of Wood is yet unknown. What is known, …

The Impact Of Proposition 103, George J. Alexander

Santa Clara Law Review

No abstract provided.

A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough

Campbell Law Review

This Comment examines North Carolina's underinsured motorist coverage statute, a standard North Carolina automobile insurance policy and applicable common law.

Elimination Of Gender Discrimination In Insurance Pricing: Does Automobile Insurance Rate Without Sex, Stephen R. Ryan

Notre Dame Law Review

No abstract provided.

A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson

Faculty Scholarship

The Minnesota No-Fault Act has undergone substantial change since its enactment in 1974. Recent legislative modifications and judicial constructions of the Act's provisions have served to correct earlier deficiencies, but have raised new and complex problems of interpretation. In light of these developments, Professor Steenson provides an overview that explains how the Act functions. After tracing the history of automobile insurance regulation in Minnesota, Professor Steenson examines in detail the various compulsory and optional insurance coverages under the Act, the proper sources of payment under those coverages, and the limitations imposed by the Act on the right to recover damages …

Insurer Intervention In Uninsured Motorist Cases, Alan W. Becker

Indiana Law Journal

No abstract provided.

Insurance--Some Suggested Changes In The Standard Policy Provisions Promulgated Under The Uninsured Motorist Law, Thomas Evans

West Virginia Law Review

No abstract provided.

Uninsured Motorist Protection, William G. Conly

Louisiana Law Review

No abstract provided.

Interpretation Of Restriction Of Risk Clauses In Automobile Insurance Policies, James A. Rendall

Dalhousie Law Journal

A recent British Columbia case, Sabell et al. v. Liberty Mutual Insurance Company has attempted a definition of the standard automobile insurance policy restriction against "driving in connection with the business of selling automobiles".' This judgment by Ruttan, J. is mildly surprising for a number of reasons. It places a generous interpretation on a clause used by an insurer to restrict its risk and, in the result, recovery is denied to a third party claimant. Thus, the judgment represents something of a departure from the usual judicial treatment of exclusion clauses which are most commonly construed rather strictly against the …

Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones

University of Michigan Journal of Law Reform

Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …

No-Fault Automobile Insurance: Will The Poor Pay More Again, Wilbur C. Leatherberry

Case Western Reserve Law Review

No abstract provided.

Uninsured Motorist Coverage--Charting The Kentucky Course, Thomas M. Cooper

Kentucky Law Journal

No abstract provided.

Uninsured Motorist Insurance - Stacking Comes To Louisiana, Jeff Mchugh David

Louisiana Law Review

No abstract provided.

Automobile Liability Insurance-The Voluntary-Certified Policy Dichotomy

Washington and Lee Law Review

No abstract provided.

Uninsured Motorist Coverage In Louisiana, Edwin K. Theus Jr.

Louisiana Law Review

No abstract provided.

Personal Rights As An Emerging Approach To Equal Protection: Automobile Financial Responsibility Laws And The Right To Drive, Dennis M. Race

Case Western Reserve Law Review

No abstract provided.

The Legal Profession's View Of No-Fault, Edward W. Kuhn

West Virginia Law Review

No abstract provided.

No-Fault Vs. The Present Reparations System--A West Virginia Insurance Executive's View, F. L. Norton

West Virginia Law Review

In discussing no-fault insurance in any Law Review article, undoubtedly one with legal training undertakes the task with more than ordinary trepidation as, unfortunately, no one is able to fortify any position he might take with elaborate legal citations. Nonetheless, as a West Virginia lawyer, as president of a West Virginia-domiciled insurance company predominantly writing what future historians might some day call auto fault insurance, and as a citizen, this legal dissertation might be more properly classed as a sharing of some of my thoughts as to where we stand, and what legislative steps might ultimately prove in our best …

An Argument To The People On No-Fault Automobile Insurance, Stanley Preiser

West Virginia Law Review

No abstract provided.

Routes To Reform Of The Automobile Reparations System, Robert E. Keeton

West Virginia Law Review

No abstract provided.