Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (2)
- Health Law and Policy (2)
- Jurisprudence (2)
- State and Local Government Law (2)
- Supreme Court of the United States (2)
-
- Administrative Law (1)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Conflict of Laws (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Criminal Law (1)
- Disability Law (1)
- Environmental Law (1)
- Estates and Trusts (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Land Use Law (1)
- Legal Remedies (1)
- Litigation (1)
- Medical Jurisprudence (1)
- Property Law and Real Estate (1)
- Taxation-Federal Estate and Gift (1)
- Torts (1)
- Transportation Law (1)
- Institution
-
- The University of Akron (16)
- University of California, Irvine School of Law (11)
- Northwestern Pritzker School of Law (4)
- Pace University (2)
- University of Missouri School of Law (2)
-
- William & Mary Law School (2)
- Florida A&M University College of Law (1)
- Mercer University School of Law (1)
- Mitchell Hamline School of Law (1)
- Pepperdine University (1)
- St. John's University School of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- Villanova University Charles Widger School of Law (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
- Keyword
-
- Insurance law (9)
- Uninsured motorist (7)
- ERISA (3)
- Auto insurance (2)
- Climate change (2)
-
- Insurance (2)
- Life insurance (2)
- National Flood Insurance Program (2)
- Punitive damages (2)
- State Farm (2)
- Underinsured motorist (2)
- Accident insurance (1)
- Accident liability (1)
- Accidental death benefit (1)
- Arbitration (1)
- Asbestos (1)
- Autoerotic asphyxiation (1)
- Automobiles (1)
- Autonomous vehicles (1)
- Bad faith (1)
- Bad faith liability (1)
- Benefit plan (1)
- Biggert-Waters (1)
- Brady (1)
- C&J Fertilizer (1)
- Carbon monoxide--Lawsuits & claims (1)
- Civil procedure (1)
- Consent to settle (1)
- Cost-shifting (1)
- Costs (1)
- Publication
-
- Akron Law Review (16)
- UC Irvine Law Review (11)
- Northwestern University Law Review (4)
- Journal of Dispute Resolution (2)
- Pace Law Review (2)
-
- Florida A & M University Law Review (1)
- Georgia Law Review (1)
- Kentucky Law Journal (1)
- Mercer Law Review (1)
- St. John's Law Review (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- University of Michigan Journal of Law Reform (1)
- Villanova Law Review (1)
- Washington and Lee Law Review (1)
- West Virginia Law Review (1)
- William & Mary Bill of Rights Journal (1)
- William & Mary Law Review (1)
- William Mitchell Law Review (1)
Articles 1 - 30 of 48
Full-Text Articles in Insurance Law
Ensuring Insurance: Adequate And Appropriate Coverage For Brady Claims In Illinois, Joe Delich
Ensuring Insurance: Adequate And Appropriate Coverage For Brady Claims In Illinois, Joe Delich
Northwestern University Law Review
The increase in wrongful conviction litigation has engendered a number of new doctrinal problems. This Note examines the existing rules governing insurance coverage for wrongful-conviction-related torts, in particular, due process claims for Brady violations. It then explores the rationale for the continuous trigger doctrine in the asbestos context, and argues that wrongful conviction claims call for a similar approach due to comparable latency concerns. There is a particular focus on Illinois law due to the state’s prevalence of wrongful conviction litigation and recent shifts in the law governing insurance triggers for malicious prosecution.
Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff
Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff
UC Irvine Law Review
No abstract provided.
The Regulation Of Insurance Claim Practices, Jay M. Feinman
The Regulation Of Insurance Claim Practices, Jay M. Feinman
UC Irvine Law Review
No abstract provided.
In Deep: Dilemmas Of Federal Flood Insurance Reform, Jennifer B. Wriggins
In Deep: Dilemmas Of Federal Flood Insurance Reform, Jennifer B. Wriggins
UC Irvine Law Review
No abstract provided.
Insurance, Bradley S. Wolff, Stephen Schatz, Maren R. Cave
Insurance, Bradley S. Wolff, Stephen Schatz, Maren R. Cave
Mercer Law Review
Courts continue to address the unique issues that arise with respect to uninsured motorist (UM) coverage, often finding that coverage exists. In a case of first impression, the Georgia Supreme Court held that an insured may recover UM benefits from a policy, despite the partial sovereign immunity of the tortfeasor. An insured may be entitled to UM benefits after settling with the tortfeasor's liability carrier for the full policy limits, even though a limited liability release allocates the majority of the settlement amount to punitive damages. Further, courts continue to strictly adhere to the "case or controversy" requirement in order …
Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, Patricia A. Mccoy
Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, Patricia A. Mccoy
UC Irvine Law Review
No abstract provided.
Sarls & Diversity Jurisdiction: Safeguarding 28 U.S.C. § 1332, Josh Ji
Sarls & Diversity Jurisdiction: Safeguarding 28 U.S.C. § 1332, Josh Ji
UC Irvine Law Review
No abstract provided.
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
Spending Medicare’S Dollars Wisely: Taking Aim At Hospitals’ Cultures Of Overtreatment, Jessica Mantel
University of Michigan Journal of Law Reform
With Medicare’s rising costs threatening the country’s fiscal health, policymakers have focused their attention on a primary cause of Medicare’s high price tag—the overtreatment of patients. Guided by professional norms that demand they do “everything possible” for their patients, physicians frequently order additional diagnostic tests, perform more procedures, utilize costly technologies, and provide more inpatient care. Much of this care, however, does not improve Medicare patients’ health, but only increases Medicare spending. Reducing the overtreatment of patients requires aligning physicians’ interests with the government’s goal of spending Medicare’s dollars wisely. Toward that end, recent Medicare payment reforms establish a range …
Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue
Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue
UC Irvine Law Review
No abstract provided.
Case Law Developments Addressing The Consequences Of A Liability Insurer’S Breach Of Its Duty To Defend, Michael A. Haskel
Case Law Developments Addressing The Consequences Of A Liability Insurer’S Breach Of Its Duty To Defend, Michael A. Haskel
Pace Law Review
In pursuit of a greater understanding of this controversial subject, this article will: (1) explore the contract principles and public policy considerations that are implicated by an insurer’s breach of its defense duty; (2) consider recent case law addressing relevant issues; and (3) recommend a comprehensive approach that accommodates competing interests. Ultimately, the author concludes that in most circumstances an insurer that wrongfully disclaims its duty to defend should be precluded from raising defenses as to coverage in an action to indemnify the insured for monies paid out by the insured.
Death Of A Salesman: The Rise & Unfortunate Potential Demise Of The Full-Time Life Insurance Salesman, Robert M. Rosh
Death Of A Salesman: The Rise & Unfortunate Potential Demise Of The Full-Time Life Insurance Salesman, Robert M. Rosh
St. John's Law Review
(Excerpt)
This Article traces the economic and regulatory rise and potential future regulatory demise of the full-time life insurance salesman. It outlines why these salesmen and many of the products that they offer are beneficial to American society, and why public policies should promote both the profession and the products sold by full-time life insurance salesmen. Finally, it suggests some modest regulatory reforms that would promote life insurance sales and the salesmen who make them.
Adjusting The Benefits And Burdens Of Economic Life For The Public Good: The Aca's Medical Loss Ratio As A Constitutional Regulation Of Health Insurance Companies, Susanne Cordner
William & Mary Bill of Rights Journal
No abstract provided.
The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan Michael Purcell
The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan Michael Purcell
The Journal of Business, Entrepreneurship & the Law
This Article introduces the taxpayer to the basic background principles needed to understand the inner workings of the investment, then provides a guide to drafting considerations for the family's attorney, and concludes with a general plan to maintain business legitimacy and take advantage of tax-favored status, while retaining the flexibility essential to combating the unexpected. Part II addresses the historically favored tax treatment of life insurance products, as well as relatively recent restrictive reforms. Part III addresses the background foundation of the LLC entity and surveys its skeletal structure. Part IV introduces a practical example of how to create an …
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher C. French
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher C. French
Villanova Law Review
No abstract provided.
The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen
The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen
West Virginia Law Review
No abstract provided.
Uninsured Motorists Coverage Validity Of Other Insurance Provisions; Curran V. State Automobile Mutual Insurance Co., Dennis J. Fox
Uninsured Motorists Coverage Validity Of Other Insurance Provisions; Curran V. State Automobile Mutual Insurance Co., Dennis J. Fox
Akron Law Review
It was the contention of the defendant-appellant insurers that their liability was limited in both instances by the "other insurance" provisions of their respective policies. These provisions were both "excess insurance" clauses. The Ohio Supreme Court, in ruling upon what it considered to be the sole issue in this case, denied effectiveness to these clauses.
Uninsured Motorists Coverage Validity Of Other Insurance Provisions; Curran V. State Automobile Mutual Insurance Co., Dennis J. Fox
Uninsured Motorists Coverage Validity Of Other Insurance Provisions; Curran V. State Automobile Mutual Insurance Co., Dennis J. Fox
Akron Law Review
It was the contention of the defendant-appellant insurers that their liability was limited in both instances by the "other insurance" provisions of their respective policies. These provisions were both "excess insurance" clauses. The Ohio Supreme Court, in ruling upon what it considered to be the sole issue in this case, denied effectiveness to these clauses.
Uninsured Motorist Coverage - Scope Of The Term - "Uninsured Motorist"; Porter V. Empire Fire And Marine Insurance Co., Dennis J. Fox
Uninsured Motorist Coverage - Scope Of The Term - "Uninsured Motorist"; Porter V. Empire Fire And Marine Insurance Co., Dennis J. Fox
Akron Law Review
The appellant, James T. Porter, was involved in an automobile accident in which he and four other persons were injured. The tortfeasor was insured to the extent of the statutory minimum ($10,000-$20,000) as provided for by the Arizona Financial Responsibility Act.' The appellant subsequently obtained a judgment against the tortfeasor for $10,000. He then entered into a proposed settlement with the tortfeasor's insurer under which he was to receive $2,500 of the $20,000 of insurance proceeds available for allocation among the injured parties. Mr. Porter notified his insurer (the appellee) of the proposed settlement and requested the appellee satisfy the …
Property Insurance For Ohio's Urban Areas, R. D. Welsh
Property Insurance For Ohio's Urban Areas, R. D. Welsh
Akron Law Review
Thirty-eight million dollars damage to property occurred in Watts in 1965, $49,000,000 in Detroit, and $10,000,000 in Newark, New Jersey in 1967, plus many others that have resulted in about $187,000,000 being paid in the five years ending in 1968. Until Watts, riot coverage was provided as an afterthought by the insurance industry with little or no additional charge. Besides this problem, insurers were faced with loss of reinsurance by foreign reinsurers alarmed by inability of Government authorities to maintain law and order.
Uninsured Motorist Coverage - Scope Of The Term - "Uninsured Motorist"; Porter V. Empire Fire And Marine Insurance Co., Dennis J. Fox
Uninsured Motorist Coverage - Scope Of The Term - "Uninsured Motorist"; Porter V. Empire Fire And Marine Insurance Co., Dennis J. Fox
Akron Law Review
Absent a statutory definition of "uninsured motorist," the court under its powers of construction must, in a functional sense, legislate the gap-filling language. The outcome elsewhere on facts similar to those in Porter will depend, in part, on whether the legislature in adopting uninsured motorist statutes, have incorporated a definition of its terms.
Automobile Insurance Rates: Promulgation, Regulation, And Equal Protection, James J. Mcgraw
Automobile Insurance Rates: Promulgation, Regulation, And Equal Protection, James J. Mcgraw
Akron Law Review
T HE INTEREST in the price one pays for automobile insurance continues to grow at a rapid pace. The reason for this growing consumer interest may be attributed to the equally increasing need for automobiles, the price paid for them, and consequently, the need for insurance protection. This insurance protection has developed into a matter of major economic consequence to the auto owner.....The key to improved and efficient rate-watching is in the good faith efforts and perseverance of the policyholders themselves. Accordingly, an examination of the effects of consumerism along with a discussion of modern rate and regulatory developments is …
Some Comments In Favour Of The Abolition Of Fault Law, William F. Foster
Some Comments In Favour Of The Abolition Of Fault Law, William F. Foster
Akron Law Review
THE ALARMING NUMBER of automobile accidents resulting in death or injury to thousands of persons each year and the direct and indirect costs associated with these accidents is one of the more depressing features of modern life. Unfortunately, there is no reason to believe that there will be a dramatic improvement in this situation in the foreseeable future because: automobile transportation is central to the North American way of life, the majority of drivers have no competence in anything but routine driving situations, and often factors beyond a motorist's control cause or contribute to accidents. For these reasons it is …
Burglary Insurance Policies; Reasonable Expectations; Unconscionability; Application Of Implied Warranty Of Fitness; C & J Fertilizer, Inc. V. Allied Mutual Ins. Co., Janice Gui
Akron Law Review
THE IOWA SUPREME COURT handed down a landmark decision in C & I Fertilizer, Inc. v. Allied Mutual Ins. Co.', in holding that insurance policies carry implied warranties that they are fit for their intended use. The impetus for this decision was a clause in a burglary and robbery policy which defined "burglary" as . . . the felonious abstraction of insured property . . . from within the premises by a person making felonious entry therein by actual force and violence, of which force and violence there are visible marks made by tools, explosives, electricity or chemicals upon, or …
Policy Limits, Payouts, And Blood Money: Medical Malpractice Settlements In The Shadow Of Insurance, Charles Silver, David A. Hyman, Bernard S. Black, Myungho Paik
Policy Limits, Payouts, And Blood Money: Medical Malpractice Settlements In The Shadow Of Insurance, Charles Silver, David A. Hyman, Bernard S. Black, Myungho Paik
UC Irvine Law Review
No abstract provided.
A New Institutional Theory Of Insurance, Shauhin Talesh
A New Institutional Theory Of Insurance, Shauhin Talesh
UC Irvine Law Review
No abstract provided.
A Critical Take On Group Regulation Of Insurers In The United States, Daniel Schwarcz
A Critical Take On Group Regulation Of Insurers In The United States, Daniel Schwarcz
UC Irvine Law Review
No abstract provided.
Enhancing The Socially Instrumental Role Of Insurance: The Opportunity And Challenge Presented By The Ali Restatement Position On Breach Of The Duty To Defend, Jeffrey W. Stempel
Enhancing The Socially Instrumental Role Of Insurance: The Opportunity And Challenge Presented By The Ali Restatement Position On Breach Of The Duty To Defend, Jeffrey W. Stempel
UC Irvine Law Review
No abstract provided.
Risk Aversion, Insurance Insurance, And The Limits Of Regulation, Kenneth S. Abraham
Risk Aversion, Insurance Insurance, And The Limits Of Regulation, Kenneth S. Abraham
UC Irvine Law Review
No abstract provided.
In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus
In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus
Akron Law Review
The United States Court of Appeals, Second Circuit, in O'Connor v. Lee-Hy Paving Corp., upheld New York's insurance attachment procedure which serves as a vehicle for gaining personal jurisdiction over out-of-state defendants in causes of action that arise outside of New York. The court thereby determined that New York federal courts, in applying the procedures, had not violated defendant's due process because the minimum contacts requirement of the recent United Stated Supreme Court case, Shaffer v. Heitner, had been met.
Tortious Liability For Bad Faith Refusal To Pay, Jeffrey Schobert
Tortious Liability For Bad Faith Refusal To Pay, Jeffrey Schobert
Akron Law Review
In Hoskins v. Aetna Life Ins. Co., the Ohio Supreme Court imposed on insurers a good faith duty in any refusal to pay claims made by their insured. Its decision placed Ohio among a growing number of jurisdictions that have recognized this good faith duty. The court adopted its rationale by relying heavily on existing insurance case law in the refusal-to-settle third-party claims type actions. The court defined the standard of good faith in terms of a reasonable justification by the insurer in refusing to pay a claim "because it believed there was no coverage of the claim." The …