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Full-Text Articles in Insurance Law
Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok
Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok
William & Mary Law Review
Litigation investment, sometimes known as litigation finance, is increasingly accepted around the world. Once prohibited as champerty, litigation investment is now embraced in England, Canada, and Australia, as well as in many civil law nations. In the United States, the development of a robust market for investment in litigation has been met by various objections. One objection is that litigation investment interferes with the autonomy of lawyers. A second objection is that it promotes frivolous litigation.
This Article takes up a popular argument against litigation investment: the legal system should not encourage parties to sell their control over litigation that …
The Insurance Policy As Social Instrument And Social Institution, Jeffrey W. Stempel
The Insurance Policy As Social Instrument And Social Institution, Jeffrey W. Stempel
William & Mary Law Review
This Article suggests that insurance policies are not merely contracts but also are designed to perform particular risk management, deterrence, and compensation functions important to economic and social ordering. Recognizing this fact has significant implications regarding the manner in which insurance policies are construed in coverage disputes. From this insight flow interpretative consequences suggesting that policy construction can be improved by not only performing traditional contract analysis of disputed policies but also appreciating the particular function of the insurance policy in question as part of the insurance product’s larger role as a social and economic instrument or institution. Applying this …
Liability Of An Insurance Carrier In Excess Of Coverage, Richard S. Cohen
Liability Of An Insurance Carrier In Excess Of Coverage, Richard S. Cohen
William & Mary Law Review
No abstract provided.