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Washington and Lee University School of Law

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Articles 1 - 30 of 63

Full-Text Articles in Insurance Law

Title Theft, Stewart E. Sterk Jan 2024

Title Theft, Stewart E. Sterk

Washington and Lee Law Review Online

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand.

Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title.

Recovery of title, however, involves costs and …


How A “Superstar” Ceo Exposes The Necessity For Third Party D&O Insurance, Angela N. Aneiros, Karen Woody Jan 2024

How A “Superstar” Ceo Exposes The Necessity For Third Party D&O Insurance, Angela N. Aneiros, Karen Woody

Scholarly Articles

he influence that “superstar” CEOs have over a company’s board of directors can be alarming. Among other things, Elon’s ability to skirt personal liability for seemingly obvious breaches of duty has raised concerns within the realm of corporate governance and corporate regulation. While much has been written on Elon’s influence on Tesla’s board of directors, one area of the law that often gets overlooked that has exacerbated Elon’s corporate governance issues, is that of directors and officers (D&O) liability insurance. While personally insuring board members seems like a very "Elon" move, it could have broader implications beyond Elon. Are “superstar” …


Caremark'S Butterfly Effect, Angela N. Aneiros, Karen E. Woody Jan 2023

Caremark'S Butterfly Effect, Angela N. Aneiros, Karen E. Woody

Scholarly Articles

In 1996, the Delaware Court of Chancery detailed the minimum standard for corporate boards of directors (“board”) with regard to corporate compliance programs and monitoring protocols. The landmark Caremark decision held that directors would not face liability for a breach of fiduciary duties unless they failed to implement a system of controls and compliance, or knowingly failed to monitor that system. In order to bring a successful Caremark claim, plaintiffs must prove that the board operated in bad faith by failing to exercise oversight in a sustained or systemic way. The Delaware Court of Chancery opinion noted that the theory …


The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell Jan 2022

The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell

Washington and Lee Law Review

In recent years, increasing public and media attention has focused on hazing, especially in collegiate fraternities and sororities. Whether it is because of the deaths, major injuries, or litigation, both criminal and civil, collegiate fraternities and sororities have received increased scrutiny. In this Article, we explore a range of tactical considerations that lawyers must consider—from defenses to evidentiary concerns. We also explore how damages are contemplated in the context of hazing litigation.


“Waiving” Goodbye To Medicaid As We Know It: Modern State Attempts To Transform Medicaid Programs Through Section 1115 Waivers, Chandler Gray Oct 2020

“Waiving” Goodbye To Medicaid As We Know It: Modern State Attempts To Transform Medicaid Programs Through Section 1115 Waivers, Chandler Gray

Washington and Lee Law Review Online

This Note explores recent state efforts to reshape their respective Medicaid programs through Section 1115 waivers. Specifically, this Note looks at states that wish to convert their Medicaid program to a block grant through Section 1115 waivers. Examining the lawfulness of these waivers requires analyzing the language and application of both the Medicaid Act and the Administrative Procedure Act. This Note argues that any use of Section 1115 waivers to implement a block grant program would be a violation of the Medicaid Act and thus unlawful. Further, federal approval of such programs would be deemed arbitrary and capricious. To justify …


The Practice And Tax Consequences Of Nonqualified Deferred Compensation, David I. Walker Feb 2019

The Practice And Tax Consequences Of Nonqualified Deferred Compensation, David I. Walker

Washington and Lee Law Review

Although nonqualified deferred compensation plans lack explicit tax preferences afforded to qualified plans, it is well understood that nonqualified deferred compensation results in a joint tax advantage when employers earn a higher after-tax return on deferred sums than employees could achieve on their own. But the joint tax advantage depends critically on how plans are operated; chiefly how plan sponsors use or invest deferred compensation dollars. This is the first Article to systematically investigate nonqualified deferred compensation practices. It shows that joint tax minimization historically has taken a backseat to accounting priorities and participant diversification concerns. In recent years, the …


Rate Me: Risk Assessment Drones And The Resurrection Of Discriminatory Insurance Practices, Lucas M. Barta Jun 2016

Rate Me: Risk Assessment Drones And The Resurrection Of Discriminatory Insurance Practices, Lucas M. Barta

Washington and Lee Law Review

No abstract provided.


Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling Mar 2015

Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling

Washington and Lee Law Review

No abstract provided.


Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas Sep 2012

Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Terror Cats: Tria’S Failure To Encourage A Private Market For Terrorism Insurance And How Federal Securitization Of Terrorism Risk May Be A Viable Alternative, Andrew Gerrish Sep 2011

Terror Cats: Tria’S Failure To Encourage A Private Market For Terrorism Insurance And How Federal Securitization Of Terrorism Risk May Be A Viable Alternative, Andrew Gerrish

Washington and Lee Law Review

No abstract provided.


Credit Ratings In Insurance Regulation: The Missing Piece Of Financial Reform, John Patrick Hunt Sep 2011

Credit Ratings In Insurance Regulation: The Missing Piece Of Financial Reform, John Patrick Hunt

Washington and Lee Law Review

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 directed federal financial regulators to remove credit ratings from their rules, but had nothing to say about the use of credit ratings by state insurance regulators. This omission is significant because insurers own nearly twice as many foreign, corporate, and municipal bonds as banks do. During the 2000s, state insurance regulators came to rely increasingly on rating agencies rather than the regulators’ in-house valuation office to assess the credit risks of these holdings. After the perceived widespread failure of ratings in the crisis, the insurance regulators did undertake a …


Prohibiting De Facto Insurance Redlining: Will Hurricane Katrina Draw A Discriminatory Redline In The Gulf Coast Sands Prohibiting Access To Home Ownership?, Steven Plitt, Daniel Maldonado Mar 2008

Prohibiting De Facto Insurance Redlining: Will Hurricane Katrina Draw A Discriminatory Redline In The Gulf Coast Sands Prohibiting Access To Home Ownership?, Steven Plitt, Daniel Maldonado

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Roof Is On Fire: When, Absent An Agreement Otherwise, May A Landlord's Insurer Pursue A Subrogation Claim Against A Negligent Tenant?, Robert Vanneman Spake, Jr. Sep 2006

The Roof Is On Fire: When, Absent An Agreement Otherwise, May A Landlord's Insurer Pursue A Subrogation Claim Against A Negligent Tenant?, Robert Vanneman Spake, Jr.

Washington and Lee Law Review

No abstract provided.


Self-Insurance As Insurance In Liability Policy "Other Insurance" Provisions, Rory A. Goode Sep 1999

Self-Insurance As Insurance In Liability Policy "Other Insurance" Provisions, Rory A. Goode

Washington and Lee Law Review

No abstract provided.


The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz Jan 1999

The Impact Of Title Iii Of The Americans With Disabilities Act On Employer-Provided Insurance Plans: Is The Insurance Company Subject To Liability?, Jill L. Schultz

Washington and Lee Law Review

No abstract provided.


Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir Sep 1997

Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir

Washington and Lee Law Review

No abstract provided.


On Our Own: Strategies For Securing Health And Retirement Benefits In Contingent Employment, Gwen Thayer Handelman Jun 1995

On Our Own: Strategies For Securing Health And Retirement Benefits In Contingent Employment, Gwen Thayer Handelman

Washington and Lee 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.


Ix. Insurance Mar 1991

Ix. Insurance

Washington and Lee Law Review

No abstract provided.


The Private Mortgage Insurer's Action For Rescission For Misrepresentation: Limiting Apotential Threat To Private Sectorparticipation In The Secondary Mortgagemarket, Franklin D. Cordell Jun 1990

The Private Mortgage Insurer's Action For Rescission For Misrepresentation: Limiting Apotential Threat To Private Sectorparticipation In The Secondary Mortgagemarket, Franklin D. Cordell

Washington and Lee Law Review

No abstract provided.


X. Insurance Mar 1990

X. Insurance

Washington and Lee Law Review

No abstract provided.


Ix. Insurance Law Mar 1988

Ix. Insurance Law

Washington and Lee Law Review

No abstract provided.


The "Set Up" Defense And The Comparative Fault Defense: New Wrinkles In Bad Faith Claims Against Insurers Jan 1988

The "Set Up" Defense And The Comparative Fault Defense: New Wrinkles In Bad Faith Claims Against Insurers

Washington and Lee Law Review

No abstract provided.


Vii. Insurance Law Mar 1987

Vii. Insurance Law

Washington and Lee Law Review

No abstract provided.


Medical Payment Coverage Within Liability Insurance Policies Sep 1986

Medical Payment Coverage Within Liability Insurance Policies

Washington and Lee Law Review

No abstract provided.


Ix. Insurance Mar 1983

Ix. Insurance

Washington and Lee Law Review

No abstract provided.


Newport News Shipbuilding & Dry Dock Co. V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr. Oct 1982

Newport News Shipbuilding & Dry Dock Co. V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Advertising The Economics Of High Jury Awards: The Insurance Industry's Bid For Prospective Jurors To Tighten Their Purse Strings Sep 1980

Advertising The Economics Of High Jury Awards: The Insurance Industry's Bid For Prospective Jurors To Tighten Their Purse Strings

Washington and Lee Law Review

No abstract provided.


Irrevocable Term Life Insurance Trusts And Gifts In Contemplation Of Death Under § 2035, Edward S. Graves, Stephen M. Finley Sep 1975

Irrevocable Term Life Insurance Trusts And Gifts In Contemplation Of Death Under § 2035, Edward S. Graves, Stephen M. Finley

Washington and Lee Law Review

No abstract provided.


Automobile Liability Insurance-The Voluntary-Certified Policy Dichotomy Sep 1972

Automobile Liability Insurance-The Voluntary-Certified Policy Dichotomy

Washington and Lee Law Review

No abstract provided.