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Insurance Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Insurance Law

Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac Mar 2017

Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac

Nevada Law Journal

No abstract provided.


Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel Jan 2017

Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel

Scholarly Works

Arbitration between insurers and reinsurers – those who insure insurance companies – should logically run as smoothly as any arbitration process. Like the traditional commercial arbitration that drove enactment of the Federal Arbitration Act, reinsurance arbitration involves experienced actors in a confined industry in which the parties should be constructively aware of the rules, norms, customs and practices of the industry. But in spite of this, reinsurance arbitration experiences consistent problems of which the participants complain. This article reviews the complaints and exams possible solutions – including the possibility of arbitrating less and litigating more. Although these possible solutions would …


An Analytic "Gap": The Perils Of Relentless Enforcement Of Payment-By-Underlying-Insurer-Only Language In Excess Insurance Policies, Jeffrey W. Stempel Jan 2017

An Analytic "Gap": The Perils Of Relentless Enforcement Of Payment-By-Underlying-Insurer-Only Language In Excess Insurance Policies, Jeffrey W. Stempel

Scholarly Works

Excess liability insurance, as the phrase implies, sits atop primary insurance or a lower layer of excess insurance and is required to cover only claims that are above the policy's "underlying limit" and reach the "attachment point" of the excess policy in question. Historically, the law was largely indifferent to whether the underlying limit was exhausted by full payment from the underlying insurer or by other means such as payment by the policyholder due to an underlying insurer's insolvency or because the policyholder and underlying insurer had compromised a coverage dispute for less than 100 percent coverage by the underlying …


The Other "Personal Injury": Coverage B Of The Cgl Policy, Jeffrey W. Stempel Jan 2017

The Other "Personal Injury": Coverage B Of The Cgl Policy, Jeffrey W. Stempel

Scholarly Works

No abstract provided.