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Articles 31 - 58 of 58
Full-Text Articles in Insurance Law
An Overview Of Financial Services Reform 1998, Susan Sirota Gaetano
An Overview Of Financial Services Reform 1998, Susan Sirota Gaetano
Connecticut Insurance Law Journal
No abstract provided.
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
The Bad News About Good Faith For Excess Um Carriers, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Mahler V. Szucs: An Impediment To Interinsurer Arbitration And Affordable Personal Injury Protection Coverage, John R. Nicholson
Mahler V. Szucs: An Impediment To Interinsurer Arbitration And Affordable Personal Injury Protection Coverage, John R. Nicholson
Seattle University Law Review
This Note will demonstrate that the Mahler court's decision will lead to inefficient results, because it has essentially compelled PIP insurers to accept representation by attorneys who have a conflict of interests, precluding such insurers from selecting the best means of recovering their PIP interests. As a result, the price of insurance premiums inevitably will escalate, while providing plaintiffs' attorneys with a windfall of increased fees for performing no additional work for their clients. The following discussion will show not only that the Mahler court holding is inefficient as a matter of public policy, but also that its analysis ignores …
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
UIC Law Review
No abstract provided.
And The Wallpaper Comes Crumbling Down: Pollution Exclusion Clause Relieves Insurer Of Duty To Defend In Stamford Wallpaper Co. V. Tig Insurance, Stephanie M. Tita
And The Wallpaper Comes Crumbling Down: Pollution Exclusion Clause Relieves Insurer Of Duty To Defend In Stamford Wallpaper Co. V. Tig Insurance, Stephanie M. Tita
Villanova Environmental Law Journal (1991 - )
No abstract provided.
None For The Road: Addressing The Problem Of Uninsured Vehicles And Drivers In Arkansas, Phillip D. Oliver
None For The Road: Addressing The Problem Of Uninsured Vehicles And Drivers In Arkansas, Phillip D. Oliver
University of Arkansas at Little Rock Law Review
No abstract provided.
Retrofitting Unemployment Insurance To Cover Temporary Workers, Sachin Pandya
Retrofitting Unemployment Insurance To Cover Temporary Workers, Sachin Pandya
Faculty Articles and Papers
No abstract provided.
Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii
Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii
Scholarly Works
Assessing the role that Employment Practices Liability Insurance might play in the future requires an understanding of two murky areas of law: employment law and insurance coverage law. In Part I of the Article I discuss the evolution of employer liability for hostile work environment sexual harassment. In Part II of the Article I analyze the consequences for insurance coverage that follow from recognizing that liability for hostile work environment sexual harassment is grounded on negligence principles.
Domtar Baby: Misplaced Notions Of Equitable Apportionment Create A Thicket Of Potential Unfairness For Insurance Policyholders, Jeffrey W. Stempel
Domtar Baby: Misplaced Notions Of Equitable Apportionment Create A Thicket Of Potential Unfairness For Insurance Policyholders, Jeffrey W. Stempel
Scholarly Works
Minnesota has an enduring reputation as a progressive, even liberal state hospitable to the underdog and concerned for fairness. This is hardly a surprise for the home state of prominent liberal politicians such as Hubert Humphrey, Walter Mondale, Eugene McCarthy and Paul Wellstone. The perception of Minnesota liberalism, populism, or pro-plaintiff sympathies extends to the technical legal realm as well. Lawyers know about prominent Minnesota cases favoring claimants. Many are reprinted in casebooks or otherwise disproportionately well-known. Most recently, Minnesota was again in the news as the state unwilling to join in a proposed national settlement of claims against the …
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
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.
Defense Within Limits: The Conflicts Of "Wasting" Or "Cannibalizing" Insurance Policies, Greg Munro
Defense Within Limits: The Conflicts Of "Wasting" Or "Cannibalizing" Insurance Policies, Greg Munro
Faculty Journal Articles & Other Writings
This article discusses defense within limits (DWL) provisions of insurance liability policies and the potential conflict inherent when the limit of liability available to indemnify the insured against verdicts or settlements is reduced by the costs of defense.
"Stacking" In Montana In 1999, Greg Munro
"Stacking" In Montana In 1999, Greg Munro
Faculty Journal Articles & Other Writings
This article discusses the status of stacking, the aggregation of coverages by reason of multiple autos insured under a single policy as well as multiple autos insured under separate policies as long as the autos are insured with the same company, in Montana in 1999.
Regulating Risk In A Managed Care Environment: Theory Vs. Practice, The Minnesota Experience, Barbara Colombo, Robert P. Webber
Regulating Risk In A Managed Care Environment: Theory Vs. Practice, The Minnesota Experience, Barbara Colombo, Robert P. Webber
Faculty Scholarship
The purpose of this Article is to illustrate the challenges state regulators face when attempting to translate theory into practice in the context of health care risk regulation. Section I reviews the evolution of the risk-bearing market in health care, recognizing that while risk is an inherent part of everyday life, it takes on a delicate meaning when used in the context of health care. Cost and demographic data will be discussed to provide a compelling rationale for the ongoing forceful movement toward cost containment strategies embodied in managed care strategies, as well as the need to develop the next …
Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden
Gender Discrimination Within The Reproductive Health Care System: Viagra V. Birth Control, Lisa A. Hayden
Journal of Law and Health
This Article begins with an examination of the prescription drug, Viagra and the medical condition it is intended to aid. Additionally, this Article evaluates the five most common, and FDA approved forms of contraceptives: contraceptive pills, intrauterine devices (IUD's), Depo-Provera shots, Norplant inserts and diaphragms. A basic understanding of the above prescriptions is necessary to determine if health care inequity exists between men and women in the area of prescriptive coverage, or if there is such a difference between the medical conditions involved that insurance companies are justified in excluding contraceptive coverage while including Viagra coverage. Part III of this …
Invalidating Auto Insurance Provisions In Montana, Greg Munro
Invalidating Auto Insurance Provisions In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article reviews cases in which the Montana Supreme Court has invalidated or limited provisions of the standard auto policies. The article discusses three grounds when the Court generally has invalidated auto insurance provisions: 1) on ground of public policy per the Mandatory Liability Protection Act; 2) on ground of public policy per the Uninsured Motorist statute; and 3) on ground of defeating insurance consumer's reasonable expectations. The article concludes that the list of auto insurance policy provisions invalidated by the Montana Supreme Court is extensive, confirming the Court's commitment to test insurance provisions to ensure they comport with public …
The Insurance And Management Of Intellectual Property Risks, Melvin Simensky, Eric C. Osterberg
The Insurance And Management Of Intellectual Property Risks, Melvin Simensky, Eric C. Osterberg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Trust Me: Insurers Are Not Fiduciaries To Their Insureds, Douglas R. Richmond
Trust Me: Insurers Are Not Fiduciaries To Their Insureds, Douglas R. Richmond
Kentucky Law Journal
No abstract provided.
Foreword: Employment Practices Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii
Foreword: Employment Practices Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Tax Consequences Of Assigning Life Insurance - Time For Another Look, Douglas A. Kahn, Lawrence W. Waggoner
Tax Consequences Of Assigning Life Insurance - Time For Another Look, Douglas A. Kahn, Lawrence W. Waggoner
Articles
The Taxpayer Relief Act of 1997 furnishes the courts and the Internal Revenue Service an opportunity to close certain loopholes in the federal tax consequences of assigning life insurance. About twenty years ago, we published an article arguing that the tax consequences of assigning life insurance affords taxpayers unwarranted opportunities for tax avoidance. Since then, developments in the case law and Internal Revenue Service rulings have broadened the loopholes. In the update of our article, we show how the new tax law supports our original position.
Massachusetts' Domestic Partnership Challenge: Hope For A Better Future, Jennifer Levi
Massachusetts' Domestic Partnership Challenge: Hope For A Better Future, Jennifer Levi
Faculty Scholarship
Acknowledging that its decision means that "some household members" may be without a "critical social necessity," the Massachusetts Supreme Iudicial Court (SJC) ruled in Connors v. City of Boston that Boston Mayor Thomas M. Menino's executive order granting health insurance benefits to the domestic partners of city employees could not stand in the face of a Massachusetts state insurance law. In Connors, the SJC simultaneously recognized that although the demographics of Massachusetts households have changed within the more than forty years since the state insurance law, G.L. c. 32B (Chapter 32B), was adopted, that law nevertheless constrains municipalities from extending …
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Patient Safety, Risk Reduction, And The Law, Larry I. Palmer
Faculty Publications
No abstract provided.
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Scholarly Works
This article discusses insurance coverage of employment discrimination claims under both existing policies and emerging Employment Practices Liability Insurance policies: The first part describes the “three *7 dimensional model” of liability insurance; the second part describes general principles of interpretation as applied by courts to insurance policies; and the third part describes public policy limitations on the interpretation of insurance policies. These first three sections establish the background necessary for analyzing the availability of insurance coverage for employment disputes. The fourth part of the article then analyzes the potential for coverage under standard types of liability insurance, while the fifth …
Foreward: Employment Practies Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii
Foreward: Employment Practies Liability Insurance And The Changing American Workplace, Francis J. Mootz Iii
Scholarly Works
In the past fifteen years there has been substantial insurance coverage litigation as employers have attempted to secure coverage under their liability insurance program for employment-related practices liabilities. In recognition of this significant development of a body of law, and growing out of an American Bar Association Annual Meeting panel discussion in which I participated, the Western New England Law Review published a Symposium in 1996 entitled, Insurance Coverage of Employment Disputes. Employers continue to seek insurance coverage for these liabilities under their traditional liability insurance policies, but the situation has dramatically changed in the past several years. On the …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance law in the year 1998-1999.
A Mixed Bag For Chicken Little: Analyzing Year 2000 Claims And Insurance Coverage, Jeffrey W. Stempel
A Mixed Bag For Chicken Little: Analyzing Year 2000 Claims And Insurance Coverage, Jeffrey W. Stempel
Scholarly Works
A visitor from another planet reading the popular and insurance trade press would probably conclude that the world stands on the abyss of a business, tort, and insurance crisis of unprecedented proportion. Media coverage of an impending Year 2000 “crisis” has reached a fevered pitch, with predictions of both a gigantic volume of Year 2000 claims and a correspondingly large amount of insurance coverage litigation. Many predict that the Year 2000 problem (also known as the “Y2K” or “Millennium Bug” problem) will create coverage controversies and costs dwarfing major insurance battles of the late twentieth century such as those concerning …
Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel
Judge-Made Insurance That Was Not On The Menu: Schmidt V. Smith And The Confluence Of Text, Expectation, And Public Policy In The Realm Of Employment Practices Liability, Jeffrey W. Stempel
Scholarly Works
In Schmidt v. Smith, the New Jersey Supreme Court caught more than a few observers by surprise. New Jersey courts have generally issued opinions regarded as pro-claimant and pro-policyholders. But everyone's taste for recompense and coverage has limits. In Schmidt, the court exceeded those limits for many observers by holding that despite what it regarded as clear contract language in an exclusion, an insurer providing Employers’ Liability (“EL”) coverage along with Workers' Compensation (“WC”) insurance for the employer was required to provide coverage in a case of blatant sexual harassment bordering on criminal assault. In doing so, the Schmidt court, …
Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel
Embracing Descent: The Bankruptcy Of A Business Paradigm For Conceptualizing And Regulating The Legal Profession, Jeffrey W. Stempel
Scholarly Works
Lawyers are said to travel in packs, or at least pairs, and in the popular parlance are often compared to hoards of locusts, herds of cattle, or unruly mobs. However, at least for purposes of assessing concerns with professionalism currently surrounding the bar and the public, whether attorneys are more or less social than other human animals does not matter. My point is simply that lawyers are social beings; like other human beings in social and occupational groups, lawyers behave largely in accordance with group norms, in much the same way peer pressure led Julian English toward juvenile delinquency in …