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Articles 541 - 570 of 674

Full-Text Articles in Insurance Law

Pre-Trial Screening Of Medical Malpractice Claims Versus The Illinois Constitution, 10 J. Marshall J. Prac. & Proc. 133 (1976), Larry L. Johnson Jan 1976

Pre-Trial Screening Of Medical Malpractice Claims Versus The Illinois Constitution, 10 J. Marshall J. Prac. & Proc. 133 (1976), Larry L. Johnson

UIC Law Review

No abstract provided.

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No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson Jan 1976

No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson

Faculty Scholarship

The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.

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The 1975 Indiana Medical Malpractice Act Oct 1975

The 1975 Indiana Medical Malpractice Act

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

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The Insurer's Dilemma, Mark W. Gray Oct 1975

The Insurer's Dilemma, Mark W. Gray

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

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Is Malpractice Insurable?, Geoffrey Segar Oct 1975

Is Malpractice Insurable?, Geoffrey Segar

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

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The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart Oct 1975

The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

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A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal Oct 1975

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

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A Cure For The Plaintiff's Ills?, Andrew C. Mallor Oct 1975

A Cure For The Plaintiff's Ills?, Andrew C. Mallor

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

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The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne Jan 1975

The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne

Cleveland State Law Review

For years the conflict of interest problem that occasionally arose out of the defense of an insured by his liability carrier denying coverage under the policy was, for the most part ignored. Now, within the last decade, it has surfaced as one of the most litigated questions in the field of insurance law. In the last issue of this Review, this author attempted an exegesis of Motorists Mutual Insurance Co. v. Trainor, then the latest pronouncement on the subject by the Supreme Court of Ohio. Soon after that article was published, the Supreme Court again addressed itself to the problem …

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Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven Jan 1975

Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven

Cleveland State Law Review

This article will examine four issues which the practitioner may face in handling litigation under Section 3109.09, which imposes liability on the parents of children who willfully damage the property of another: whether the statute extends to a "taking" of property; whether the term "parents" includes others who have custody and control of a minor; whether an insurance company as a subrogated plaintiff may maintain an action under the statute; and, finally, whether parents of the minor wrongdoer are provided with coverage under their homeowners policy in an action brought against them under Section 3109.09.

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Reduction And Exclusion Clauses In Uninsured Motorist Coverage., Royal H. Brin Jr. Sep 1973

Reduction And Exclusion Clauses In Uninsured Motorist Coverage., Royal H. Brin Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine Dec 1972

Where Emotional Stress And Strain Arising From An Automobile Accident Are Superimposed Upon A Dormant Heart Condition So As To Cause Death, Recovery May Be Had Under The Provisions Of An Insurance Policy Insuring Against Accidental Bodily Injury And Death., Patricia Koch Irvine

St. Mary's Law Journal

Abstract Forthcoming.

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Insurance—Disability Insurer's Refusal To Pay Gives Rise To Action In Tort—Fletcher V. Western National Life Insurance Co., 10 Cal. App. 3d 376, 89 Cal. Rptr. 78 (1970), Anon May 1972

Insurance—Disability Insurer's Refusal To Pay Gives Rise To Action In Tort—Fletcher V. Western National Life Insurance Co., 10 Cal. App. 3d 376, 89 Cal. Rptr. 78 (1970), Anon

Washington Law Review

Plaintiff suffered a totally disabling back injury in an industrial accident. His insurance policy with the defendant company provided for benefits of $150 per month for thirty years for total disability due to injury. But if the disability were due to sickness, the benefits were to continue for only two years. The defendant had received extensive medical information confirming the accidental cause of the disablement. To avoid full payment, however, it attempted to pay under the limited two-year sickness provision, then stopped payments altogether, fabricated a story about a previously existing condition and demanded return of the payments it had …

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The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Philip C. Thorpe Apr 1972

The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Philip C. Thorpe

Indiana Law Journal

No abstract provided.

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The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, John G. Ryan Apr 1972

The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, John G. Ryan

Indiana Law Journal

No abstract provided.

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The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Leonard E. Eilbacher Apr 1972

The Injury Industry And The Remedy Of No-Fault Insurance, By Jeffrey O'Connell, Leonard E. Eilbacher

Indiana Law Journal

No abstract provided.

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No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel Jan 1972

No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel

Villanova Law Review (1956 - )

No abstract provided.

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Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano Jan 1972

Uninsured Motorist Coverage, Company Insolvency, And The Ohio Insurance Guaranty Association Act, Mario C. Ciano

Cleveland State Law Review

It is not often that a legislative event and a happenstance of life converge almost simultaneously upon a specific and narrow issue of law. This is precisely what occurred in Ohio in the latter part of 1970. In that year, the legislature amended the Ohio Uninsured Motorist Statute to declare, in effect, that a vehicle would be considered "uninsured" when the company insuring that vehicle for some reason became financially insolvent. The amendment became effective October 1, 1970. That same year the legislature enacted legislation to provide a fund from which claims could be paid in the eventuality that an …

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Lawyers' Professional Liability Insurance, Donald J. Ladanyi Jan 1972

Lawyers' Professional Liability Insurance, Donald J. Ladanyi

Cleveland State Law Review

Due to the nature of his profession, the practicing lawyer is invariably confronted with significant financial risks. Because of the growing number of claims for professional negligence, coupled with the fact that the monetary risk of claims is largely unmeasurable, a constantly increasing proportion of lawyers is considering the feasibility of professional liability insurance protection. This type of insurance offers not only financial security, but also a means for the advantageous and efficient settlement of just claims without damaging notoriety.

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Compensation Reform: Accident Costs, And Traffic Safety: Toward A Unified Motor Transport Policy, Phillip C. Thorpe Apr 1971

Compensation Reform: Accident Costs, And Traffic Safety: Toward A Unified Motor Transport Policy, Phillip C. Thorpe

Indiana Law Journal

No abstract provided.

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Limitless Horizons Of Limited Policies Of Insurance, Harry H. Lipsig Jan 1971

Limitless Horizons Of Limited Policies Of Insurance, Harry H. Lipsig

Cleveland State Law Review

Limited policies have limitless horizons due to the selfishness of insurers. Why should insurers accept settlement offers that are close to the policy limits? After all, in most instances the insurers have nothing to lose except the insureds' money. Gambling with insureds' funds has led many to suggest that insurers be absolutely liable for all excess judgments subsequent to a rejection of settlement.

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Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber Jan 1971

Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber

Law Faculty Articles and Essays

It is the purpose of this article to review the decisional law of automobile crashworthiness and to place it in the context of important policy considerations which justify such judicial determinations. It will be shown that the great majority of these decisions are entirely consistent with the doctine of "strict tort liability" as enunciated in section 402A of the Restatement of Torts, Second; that the questions sought to be submitted to juries in these cases are properly the subject of highly technical and complex legislative and administrative action on both a state and federal level; and that the few decisions …

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Set-Off Under Uninsured Motorist's Coverage, Leon M. Plevin Jan 1971

Set-Off Under Uninsured Motorist's Coverage, Leon M. Plevin

Cleveland State Law Review

The limits of liability under uninsured motorist coverage are fixed either by policy provisions or by statute. ... These various indemnity provisions were created so as to effectively limit any payments made by the insurance carrier under the uninsured motorist endorsement in combination with any other sources of indemnification to the maximum limit of the uninsured motorist coverage. The intent of the insurance underwriter is to limit its payment under the uninsured motorist coverage to the minimum amount where the insured is indemnified or partially indemnified from more than one source. The scope of this paper will specifically be concerned …

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Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer Apr 1970

Embattled Victims Of The Uninsured: In Court With New York's Mvaic, 1959-1969, Joseph Laufer

Buffalo Law Review

No abstract provided.

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Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

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Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge Apr 1969

Financial Statement Insurance: A New Approach To Ivestor Protection, Stephen Z. Surridge

University of Michigan Journal of Law Reform

The accounting profession rapidly is moving toward a crisis in liability. Members of the investing public are suing accountants with mounting frequency and success. This article will analyze briefly the origin and present dimensions of the crisis, and then propose a plan for replacing court-imposed liability with insured liability through the offering of financial statement insurance. The essentials of the plan can be simply stated. Insurance would be offered by accountants to investors on a voluntary basis in conjunction with purchases and sales of corporate stock and securities. Individual investors would be able to purchase from the auditors of a …

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Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton Jan 1969

Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton

Cornell Law Faculty Publications

What are the consequences of the application of legal sanctions? How can these consequences be determined? This Article attempts to explore these questions in the limited field of highway safety, examining the available evidence and indicating areas where further investigation is essential. Although conclusions with respect to the general deterrent effect of traffic laws do not emerge, the parameters of the problem are defined and plausible hypotheses suggested.

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Book Review Of Daniel G. Baldyga's: How To Settle Your Own Insurance Claim, Joseph A. Page Jan 1969

Book Review Of Daniel G. Baldyga's: How To Settle Your Own Insurance Claim, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

How to Settle tries to exploit the same vein mined in spectacular fashion by Norman F. Dacey, who parlayed deep dissatisfaction with the probate system and popular resentment of lawyers into a runaway best-seller. It would seem, up to this point anyway, that people more readily worry about the inevitability of death and its legal consequences than the possibility of personal injury caused by the legal fault of another. Nonetheless, How to Settle does merit some attention, at least within the confines of a specialized journal and under circumstances unlikely to promote a sales backlash, so that all its shortcomings …

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Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi Jan 1969

Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

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Basic Protection And The Future Of Negligence Law, Robert E. Keeton Jan 1968

Basic Protection And The Future Of Negligence Law, Robert E. Keeton

University of Richmond Law Review

Coming to full flower only in the nineteenth century,' negligence law is still a tender young plant among the hardy redwoods of legal history. Yet the jeopardy in which it stands is due not to its youth but to its aging inflexibility-to its failure to adapt to the era of the automobile. This is not to say that its end is at hand. Rather, a future of some kind for negligence law seems assured. The questions in doubt are what kind and for how long. The surest way of causing it to be inglorious and brief is to continue to …

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