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Articles 1 - 30 of 44
Full-Text Articles in Insurance Law
Insurance, Maximilian A. Pock
Insurance, Maximilian A. Pock
Mercer Law Review
The Georgia Supreme Court and Georgia Court of Appeals have handed down over eighty insurance cases during this past survey year. A surprising number of these are cases of first impression. The Uninsured Motorist Act spawned about thirteen percent of the total volume of decided cases, a fact which is not surprising if one keeps in mind that the general litigation proneness of uninsured and underinsured legislation is a well-documented national phenomenon. It is estimated that one of five drivers in this country is uninsured. This can hardly be the case in Georgia. Yet, one must remember that even under …
Fine Tuning Your Auto Accident Case, Oregon Law Institute, Norma S. Poitras, Lee Aronson, K. William Gibson, Stephen R. Moore, Peter Fisher, Thomas R. Fries
Fine Tuning Your Auto Accident Case, Oregon Law Institute, Norma S. Poitras, Lee Aronson, K. William Gibson, Stephen R. Moore, Peter Fisher, Thomas R. Fries
Oregon Law Institute, 1995
Course Materials from the November 3, 1995 Program in Portland
Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph
Tax Policy And Health Care Reform: Rethinking The Tax Treatment Of Employer-Sponsored Health Insurance, Bradley W. Joondeph
BYU Law Review
No abstract provided.
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Department Of Insurance, M. A. Frasca, C. Knight, S. Olender, R. C. Fellmeth
Department Of Insurance, M. A. Frasca, C. Knight, S. Olender, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
The Supreme Court In Flames: Fire Insurance Decisions After Kosmopoulos, Reuben A. Hasson
The Supreme Court In Flames: Fire Insurance Decisions After Kosmopoulos, Reuben A. Hasson
Osgoode Hall Law Journal
This article examines three recent Supreme Court of Canada decisions on fire insurance after the historic Kosmopoulos decision. In all three cases, the author finds a distressing lack of concern with relevant statutory provisions, policy arguments, and precedent. Responsibility for this deplorable state of affairs must be shared between the Court and counsel. Insurance law is a very complex body of law, deserving as much care as that of, say, the law of the Charter.
Developments In West Virginia's Insurance Bad Faith Law--Where Do We Go From Here, Thomas V. Flaherty, Rebecca L. Ross, Michael D. Sullivan, Charles T. Blair
Developments In West Virginia's Insurance Bad Faith Law--Where Do We Go From Here, Thomas V. Flaherty, Rebecca L. Ross, Michael D. Sullivan, Charles T. Blair
West Virginia Law Review
No abstract provided.
John Hancock Mutual Life Insurance Co. V. Harris Trust & Savings Bank: Guaranteed Benefit Policy Exclusion Holds No Guarantee For Insurers From Erisa's Fiduciary Standards, Shane C. Deleon
Mercer Law Review
This case came before the Supreme Court of the United States to decide whether the fiduciary obligations of the Employee Retirement Income Security Act of 1974 ("ERISA") apply to an insurance company's annuity contracts, or whether they were within the guaranteed benefit policy exclusion. The defendant-petitioner, John Hancock Mutual Life Insurance Co. and the plaintiff-respondent, Harris Trust & Savings Bank, acting as trustee for a Sperry Rand Corp. Retirement Plan, were parties in a participating group annuity titled Group Annuity Contract No. 50 ("GAC50") In participating group annuity contracts, deposits made to secure retiree benefits are placed with the insurer's …
Regulating Viatical Settlements: Is The Invisible Hand Picking The Pockets Of The Terminally Ill?, Russell J. Herron
Regulating Viatical Settlements: Is The Invisible Hand Picking The Pockets Of The Terminally Ill?, Russell J. Herron
University of Michigan Journal of Law Reform
The newly emerging viatical settlement industry has attracted considerable attention from both insurance regulators and advocates for the terminally ill. In a viatical settlement, a terminally ill person names a viatical settlement company as beneficiary under his life insurance policy in exchange for an immediate lump-sum cash payment of less than face value of the policy. To date, viatical settlement payments to people with AIDS (PWAs) have been disturbingly low as a percentage of the face value of PWA policies. This Note examines the few enacted viatical settlement regulations and the National Association of Insurance Commissioners' model regulations as they …
On Our Own: Strategies For Securing Health And Retirement Benefits In Contingent Employment, Gwen Thayer Handelman
On Our Own: Strategies For Securing Health And Retirement Benefits In Contingent Employment, Gwen Thayer Handelman
Washington and Lee Law Review
No abstract provided.
Medical Malpractice Insurance In The Wake Of Liability Reform, W. Kip Viscusi, Patricia Born
Medical Malpractice Insurance In The Wake Of Liability Reform, W. Kip Viscusi, Patricia Born
Vanderbilt Law School Faculty Publications
This article examines the effect of the liability reforms on medical malpractice insurance over the 1984-91 period. This is the first study to use data by firm and by state for every firm writing medical malpractice insurance over that time period. The liability reforms increased insurance profitability (that is, decreased the loss ratios), where the main mechanism of influence was through decreasing losses. The quantile regression estimates imply that the greatest effects of liability reform are on the most unprofitable firms and that the effect is not uniform across the entire market. This pattern is consistent with the other principal …
Liar’S Poker: The Effect Of Incontestability Clauses After Paul Revere Life Insurance Co. V. Haas, Katherine Cooper
Liar’S Poker: The Effect Of Incontestability Clauses After Paul Revere Life Insurance Co. V. Haas, Katherine Cooper
Connecticut Insurance Law Journal
No abstract provided.
Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson
Social Security Administration Nonacquiescence On The Standard For Evaluating Pain, Erin Margaret Masson
William & Mary Law Review
No abstract provided.
Techniques And Tactics In Personal Injury Trials, Oregon Law Institute, Jodie Anne Bushman, Jeffrey S. Mutnick, Frank A. Moscato, Stephen F, English, Bruce R. Powell, Robert D. Dames Jr., Diana I. Stuart, Gerald C. Doblie, Craig C. Murphy, Judy D. Snyder
Techniques And Tactics In Personal Injury Trials, Oregon Law Institute, Jodie Anne Bushman, Jeffrey S. Mutnick, Frank A. Moscato, Stephen F, English, Bruce R. Powell, Robert D. Dames Jr., Diana I. Stuart, Gerald C. Doblie, Craig C. Murphy, Judy D. Snyder
Oregon Law Institute, 1995
Course Materials from the April 14, 1995 Program in Portland
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Faculty Publications
This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …
Allowing Motorists A Choice To Be Legally Uninsured By Surrendering Tort Claims For Noneconomic Loss (With Some Further Thoughts On Choices Between Pip And Tort Coverage), Jeffrey O'Connell
Allowing Motorists A Choice To Be Legally Uninsured By Surrendering Tort Claims For Noneconomic Loss (With Some Further Thoughts On Choices Between Pip And Tort Coverage), Jeffrey O'Connell
Connecticut Insurance Law Journal
No abstract provided.
Visualizing Moral Hazard, Seth J. Chandler
Visualizing Moral Hazard, Seth J. Chandler
Connecticut Insurance Law Journal
No abstract provided.
Introducing Market Discipline Into The Federal Deposit Insurance System: O’Melveny & Myers V. Fdic, Jerrie L. Chiu
Introducing Market Discipline Into The Federal Deposit Insurance System: O’Melveny & Myers V. Fdic, Jerrie L. Chiu
Connecticut Insurance Law Journal
No abstract provided.
Obligating Insurers To Inform Insureds About The Existence Of Rights And Duties Regarding Coverage For Losses, Alan I. Widiss
Obligating Insurers To Inform Insureds About The Existence Of Rights And Duties Regarding Coverage For Losses, Alan I. Widiss
Connecticut Insurance Law Journal
No abstract provided.
Pleading The Policy Limit As A Special Defense: An Attempt To Clarify Connecticut Uninsured Motorist Coverage, Kara A. Murphy
Pleading The Policy Limit As A Special Defense: An Attempt To Clarify Connecticut Uninsured Motorist Coverage, Kara A. Murphy
Connecticut Insurance Law Journal
No abstract provided.
Is Insurance A Niche Business? Reflections On Information As An Insurance Product, W. F. Young
Is Insurance A Niche Business? Reflections On Information As An Insurance Product, W. F. Young
Connecticut Insurance Law Journal
No abstract provided.
Strict Compliance With Marine Insurance Contracts: Conflicting Rules In The Ninth Circuit, Rhea D. Pappas-Ward
Strict Compliance With Marine Insurance Contracts: Conflicting Rules In The Ninth Circuit, Rhea D. Pappas-Ward
Washington Law Review
Under the federal admiralty "strict compliance rule," a policy of marine insurance is voided by an insured vessel owner's failure to comply with express policy terms or "warranties." Although recognized and applied by a majority of the federal circuits, the strict compliance rule has been improperly ignored by a handful of district courts within the Ninth Circuit. Instead, by misapplying the holding of Wilburn Boat v. Fireman's Fund Insurance Co., a 1955 Supreme Court case, and by ignoring the Ninth Circuit's interpretation of Wilburn Boat in Bohemia, Inc. v. Home Insurance Co., these district courts have turned to …
West Virginia's Automobile Insurance Policy Laws: A Practitioner's Guide, Thomas C. Cady, Christy Hardin Smith
West Virginia's Automobile Insurance Policy Laws: A Practitioner's Guide, Thomas C. Cady, Christy Hardin Smith
West Virginia Law Review
No abstract provided.
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Cardozo Law Review
The unprecedented number of bank failures in the past several years has spawned a crisis in the industry and fueled an extensive debate about how federal regulators can effectively make banks more responsible for guaranteeing the soundness of their operations. For the federal regulators most involved-the Federal Deposit Insurance Corporation ("FDIC"), Office of Thrift Supervision ("OTS"), and the Federal Reserve Board ("FRB") -Congress is directing the effort to enhance the banks' guarantees of self-policing. Congress's basic response to the crisis has been to heighten the minimum capital levels the banks must maintain to avoid direct corrective intervention by the federal …
Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth J. Samuels
Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth J. Samuels
Cardozo Law Review
In a deft parody of conventional education-inspired by a vote to put a school system on a year-round schedule-the parodist purports to have unearthed a letter from Huck Finn to Tom Sawyer's aunt, Mrs. Phelps. In the letter, Huck reports on a productive summer spent in school, studying long hours and earning high grades.
Genetic Discrimination And Health Insurance: An Urgent Need For Reform, Kathy L. Hudson, Karen H. Rothenberg, Lori B. Andrews, Mary Jo Ellis Kahn, Francis S. Collins
Genetic Discrimination And Health Insurance: An Urgent Need For Reform, Kathy L. Hudson, Karen H. Rothenberg, Lori B. Andrews, Mary Jo Ellis Kahn, Francis S. Collins
Faculty Scholarship
No abstract provided.
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Seattle University Law Review
Most workers' compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington's Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker's injuries are caused by the negligence of a third person who is not in the worker's same employ, the IIA's third-party provision …
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Insurance Law - Homeowner's Liability Insurance Policies: When Will The Pennsylvania Courts Infer Intent To Injure, Karen M. Houk
Villanova Law Review (1956 - )
No abstract provided.
The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos
The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos
UIC Law Review
No abstract provided.
Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner
Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner
UIC Law Review
No abstract provided.