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Articles 1 - 30 of 47
Full-Text Articles in Insurance Law
Insurance, Ralph F. Simpson
Insurance, Ralph F. Simpson
Mercer Law Review
The volume of cases that reached the appellate courts of Georgia during this survey period was greater than last year. The courts decided slightly over fifty cases this year that dealt with insurance issues. Most of these cases originated from the trial courts on declaratory judgment actions. Indeed, over twenty of the cases reviewed in this Article are declaratory judgment actions. The current trend seems to be for the insurer to file a declaratory judgment action to determine coverage issues while attempting to stay the case on the merits that gave rise to those issues. The reason for this is …
Legal Malpractice Insurance And Loss Prevention: A Comparative Analysis Of Economic Institutions, George M. Cohen
Legal Malpractice Insurance And Loss Prevention: A Comparative Analysis Of Economic Institutions, George M. Cohen
Connecticut Insurance Law Journal
No abstract provided.
Applying The Fundamentals Of Lawyers’ Ethics To Insurance Defense Practice, Stephen L. Pepper
Applying The Fundamentals Of Lawyers’ Ethics To Insurance Defense Practice, Stephen L. Pepper
Connecticut Insurance Law Journal
No abstract provided.
Insurance Defense Ethics And The Liability Insurance Bargain, William T. Barker
Insurance Defense Ethics And The Liability Insurance Bargain, William T. Barker
Connecticut Insurance Law Journal
No abstract provided.
Flat Fees And Staff Attorneys: Unnecessary Casualties In The Continuing Battle Over The Law Governing Insurance Defense Lawyers, Charles Silver
Flat Fees And Staff Attorneys: Unnecessary Casualties In The Continuing Battle Over The Law Governing Insurance Defense Lawyers, Charles Silver
Connecticut Insurance Law Journal
No abstract provided.
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
University of Michigan Journal of Law Reform
A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …
Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas
Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas
University of Arkansas at Little Rock Law Review
No abstract provided.
Liability Insurance Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker
Liability Insurance Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker
Connecticut Insurance Law Journal
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Connecticut Insurance Law Journal
No abstract provided.
Symposium Transcripts, Peter Sexton, Pter Nolin, David Hyman, John Tener
Symposium Transcripts, Peter Sexton, Pter Nolin, David Hyman, John Tener
Connecticut Insurance Law Journal
No abstract provided.
Professional Responsibility, Legal Malpractice, And The Eternal Triangle: Will Lawyers Or Insurers Call The Shots?, David A. Hyman
Professional Responsibility, Legal Malpractice, And The Eternal Triangle: Will Lawyers Or Insurers Call The Shots?, David A. Hyman
Connecticut Insurance Law Journal
No abstract provided.
From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas
From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas
Connecticut Insurance Law Journal
No abstract provided.
Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii
Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii
Connecticut Insurance Law Journal
No abstract provided.
What Professional Responsibility Scholars Should Know About Insurance, Kent D. Syevrud
What Professional Responsibility Scholars Should Know About Insurance, Kent D. Syevrud
Connecticut Insurance Law Journal
No abstract provided.
What Insurance Scholars Should Know About Professional Responsibility, Thomas D. Morgan
What Insurance Scholars Should Know About Professional Responsibility, Thomas D. Morgan
Connecticut Insurance Law Journal
No abstract provided.
Afterword: Taking Professional Risks, Robert E. Keeton
Afterword: Taking Professional Risks, Robert E. Keeton
Connecticut Insurance Law Journal
No abstract provided.
The Ethical Duties Of Insurance Defense Lawyers: Are Special Solutions Required?, Nancy J. Moore
The Ethical Duties Of Insurance Defense Lawyers: Are Special Solutions Required?, Nancy J. Moore
Connecticut Insurance Law Journal
No abstract provided.
Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson
Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson
Articles
The article examines the complexities surrounding voidable preferences and proceeds in bankruptcy law, particularly when a secured creditor holds a floating lien on a debtor's assets. It argues that payments made by the debtor to unsecured creditors using encumbered funds can be recovered by the bankruptcy trustee as voidable preferences, provided the creditor cannot trace the funds back to their trust property. The analysis critiques existing case law and proposes that the voidable preference right is never part of the debtor's estate, instead being held by the trustee. The article also challenges the notion that good faith purchasers should retain …
Russia, Joel H. Samuels
Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir
Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir
Washington and Lee Law Review
No abstract provided.
Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers
Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers
Cardozo Law Review
This issue of the Cardozo Law Review is graced with original contributions about three fundamental problems in evidence scholarship and the law of evidence. First, in an exchange of views about legal remedies for the wrongful infliction of "evidential damage," Professors Ariel Porat and Alex Stein, on the one hand, and Professor Richard Friedman, on the other, touch on some of the difficulties that are associated with the nearly oxymoronic task of measuring the harm done by the destruction or loss of unknown evidence. Second, in an article about the relationship between estimation of drug quantities and burdens of proof, …
Liability Insurance For Businesses, Oregon Law Institute, Diane L. Polscer, Marianne M. Ghim, Jeffrey V. Hill, James T. Mcdermott, Norma S. Poitras, Paula A. Barran, Thomas A. Gordon, Marianne M. Ghim, Dianne K. Dailey, Linda M. Bolduan, William G. Earle, Angela M. Stewart, Austin W. Crowe Jr., William A. Barton
Liability Insurance For Businesses, Oregon Law Institute, Diane L. Polscer, Marianne M. Ghim, Jeffrey V. Hill, James T. Mcdermott, Norma S. Poitras, Paula A. Barran, Thomas A. Gordon, Marianne M. Ghim, Dianne K. Dailey, Linda M. Bolduan, William G. Earle, Angela M. Stewart, Austin W. Crowe Jr., William A. Barton
Oregon Law Institute, 1997
Course Materials from the June 6, 1997 Program in Portland
Substantially Prevailed Damages: Fee Shifting In West Virginia Insurance Law, Richard L. Costella
Substantially Prevailed Damages: Fee Shifting In West Virginia Insurance Law, Richard L. Costella
West Virginia Law Review
No abstract provided.
Tobacco Related Litigation: How It May Impact The World’S Insurance Industry, Mitchell L. Lathrop
Tobacco Related Litigation: How It May Impact The World’S Insurance Industry, Mitchell L. Lathrop
Connecticut Insurance Law Journal
No abstract provided.
When Worlds Collide: The Intersection Of Insurance And Motion Pictures, Elizabeth O. Hubbart
When Worlds Collide: The Intersection Of Insurance And Motion Pictures, Elizabeth O. Hubbart
Connecticut Insurance Law Journal
No abstract provided.
Emphasizing Conduct Over Context And Market Definition Over Market Power: Short-Term Strategic Anticompetitive Behavior Observed In Blue Cross V. Marshfield Clinic, Robert F. Goff
Connecticut Insurance Law Journal
No abstract provided.
Software Tort: Evaluating Software Harm By Duty Of Function And Form, Donald R. Ballman
Software Tort: Evaluating Software Harm By Duty Of Function And Form, Donald R. Ballman
Connecticut Insurance Law Journal
No abstract provided.
Redefining The Insurer's Duty To Defend, Susan Randall
Redefining The Insurer's Duty To Defend, Susan Randall
Connecticut Insurance Law Journal
No abstract provided.
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann
Faculty Scholarship
No abstract provided.
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Enterprise Liability And The Emerging Managed Health Care System, William M. Sage
Faculty Scholarship
“Enterprise medical liability” is a term used to describe a system in which health care organizations bear responsibility for medical malpractice in addition to or instead of individual health professionals. Enterprise liability is in many senses a natural outgrowth of the increasing dependence of medical practice on institutional resources and expertise. Proposals for enterprise liability surfaced briefly from the academic literature into the political spotlight during the 1993-94 health care reform debate. At that time, objections to the concept as a basis for medical malpractice liability, even in a restructured health care system, were nearly universal.
Just five years later, …