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Articles 1 - 30 of 47
Full-Text Articles in Insurance Law
Insurance, Stephen L. Cotter, C. Bradford Marsh
Insurance, Stephen L. Cotter, C. Bradford Marsh
Mercer Law Review
Although last year the Georgia General Assembly actively worked on managed care and the appellate courts stymied subrogors, legislation was light and appellate litigation routine this survey year. Many appellate opinions were reminders of coverage processing requirements (send the sixty-day "bad faith" demand for payment). Other opinions applied established insurance law principles to particular fact patterns (does every road wreck in Georgia have an appellate coverage decision?). All concerned are having some difficulty adjusting to Georgia's gradual departure from the traditional "four corners" coverage test analysis. The supreme court did breathe life into the hope for liability coverage for sexual …
Symposium Introduction: Deciphering Posner’S Insurance Jurisprudence, Jesse A. Langer
Symposium Introduction: Deciphering Posner’S Insurance Jurisprudence, Jesse A. Langer
Connecticut Insurance Law Journal
No abstract provided.
Doe V. Mutual Of Omaha Insurance Co.: The Ada Does Not Regulate The Content Of Insurance Policies, But What Have Cameras, Braille Books Or Wheelchairs Got To Do With It?, Lori Bloch Izzo
Connecticut Insurance Law Journal
No abstract provided.
Posner And Tort Law As Insurance, Beatrice A. Beltran
Posner And Tort Law As Insurance, Beatrice A. Beltran
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.
Another Trip Into The Great Swamp: The Seventh Circuit’S Preemption Of The Illinois Unclaimed Property Act Under Erisa, Robert Simpson
Another Trip Into The Great Swamp: The Seventh Circuit’S Preemption Of The Illinois Unclaimed Property Act Under Erisa, Robert Simpson
Connecticut Insurance Law Journal
No abstract provided.
An Analysis Of The Honorable Richard A. Posner’S Social Security Law, Barbara A. Sheehy
An Analysis Of The Honorable Richard A. Posner’S Social Security Law, Barbara A. Sheehy
Connecticut Insurance Law Journal
No abstract provided.
An Inconsistently Sensitive Mind: Richard Posner’S Cerebration Of Insurance Law And Continuing Blind Spots Of Economism, Jeffrey W. Stempel
An Inconsistently Sensitive Mind: Richard Posner’S Cerebration Of Insurance Law And Continuing Blind Spots Of Economism, Jeffrey W. Stempel
Connecticut Insurance Law Journal
No abstract provided.
Posner And Erisa: A Survey, Aldo R. Edwards Van Muijen
Posner And Erisa: A Survey, Aldo R. Edwards Van Muijen
Connecticut Insurance Law Journal
No abstract provided.
Posner And Moral Hazard, Eric D. Beal
Posner And Moral Hazard, Eric D. Beal
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.
What's Half A Lung Worth? Civil Jurors' Accounts Of Their Award Decision Making, Nicole L. Mott, Valerie P. Hans, Lindsay Simpson
What's Half A Lung Worth? Civil Jurors' Accounts Of Their Award Decision Making, Nicole L. Mott, Valerie P. Hans, Lindsay Simpson
Cornell Law Faculty Publications
Jury awards are often criticized as being arbitrary and excessive. This paper speaks to that controversy, reporting data from interviews with civil jurors' accounts of the strategies that juries use and the factors that they consider in arriving at a collective award. Jurors reported difficulty in deciding on awards, describing it as "the hardest part" of jury service and were surprised the court did not provide more guidance to them. Relatively few jurors entered the jury deliberation room with a specified award figure in mind. Once in the deliberation room, however, they reported discussing a variety of relevant factors such …
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
West Virginia Law Review
No abstract provided.
Bad Fath Claims Against Insurers: The State Of Utah Law Fifteen Years After Beck V. Farmers Insurance Exchange, William Kevin Tanner
Bad Fath Claims Against Insurers: The State Of Utah Law Fifteen Years After Beck V. Farmers Insurance Exchange, William Kevin Tanner
Brigham Young University Journal of Public Law
No abstract provided.
Yellow Page Ads As Evidence Of Widespread Overcharging By The Plaintiffs’ Personal Injury Bar — And A Proposed Solution, Jeffrey O'Connell, Carlos M. Brown, Michael D. Smith
Yellow Page Ads As Evidence Of Widespread Overcharging By The Plaintiffs’ Personal Injury Bar — And A Proposed Solution, Jeffrey O'Connell, Carlos M. Brown, Michael D. Smith
Connecticut Insurance Law Journal
No abstract provided.
Combating Discriminatory Insurance Practices: Title Iii Of The Americans With Disabilities Act, Jesse A. Langer
Combating Discriminatory Insurance Practices: Title Iii Of The Americans With Disabilities Act, Jesse A. Langer
Connecticut Insurance Law Journal
No abstract provided.
Risk In Contemporary Society, François Ewald
Risk In Contemporary Society, François Ewald
Connecticut Insurance Law Journal
No abstract provided.
Rediscovering The Mccarran–Ferguson Act’S Commerce Clause Limitation, Raymond A. Guenter
Rediscovering The Mccarran–Ferguson Act’S Commerce Clause Limitation, Raymond A. Guenter
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.
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Cornell Law Faculty Publications
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
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.
The Viatical Settlement Industry: The Regulatory Scheme And Its Implications For The Future Of The Industry, Ffiona M. Jones
The Viatical Settlement Industry: The Regulatory Scheme And Its Implications For The Future Of The Industry, Ffiona M. Jones
Connecticut Insurance Law Journal
No abstract provided.
Insurance And The Utopian Idea, Carol Weisbrod
Insurance And The Utopian Idea, Carol Weisbrod
Connecticut Insurance Law Journal
No abstract provided.
The Value Of Life In Legal Contexts: Survey And Critique, W. Kip Viscusi
The Value Of Life In Legal Contexts: Survey And Critique, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Value of life issues traditionally pertain to insurance of the losses of accident victims, for which replacement of the economic loss is often an appropriate concept. Deterrence measures of the value of life focus on risk-money tradeoffs involving small changes in risk. Using market data for risky jobs and product risk contexts often yields substantial estimates of the value of life in the range of $3 million to $9 million. These estimates are useful in providing guidance for regulatory policy and assessments of liability. However, use of these values to determine compensation, known as hedonic damages, leads to excessive insurance.
Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono
Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono
BYU Law Review
No abstract provided.
Insurance Contracts And Judicial Decisions Over Whether Insurers Must Defend Insureds That Violate Constitutional And Civil Rights: An Historical And Empirical Review Of Federal And State Court Declaratory Judgments 1900-2000, Willy E. Rice
Faculty Articles
Empirical findings suggest that extralegal factors, such as geographic location, ethnicity, gender, disability, perceived sexual orientation, and age of third-party victims, influence judicial decisions as to whether liability carriers must defend or reimburse the costs of defending various lawsuits. After the introduction, Part II of this article presents a brief discussion of state and federal declaratory judgment statutes and of the public policy behind liability and indemnification insurance contracts. Part III examines the origin and scope of insurers’ duty to defend, duty to pay legal expenses, and duty to reimburse litigation costs when third-party victims sue policyholders. Part IV argues …
Protecting Patient Rights Despite Erisa: Will The Supreme Court Allow States To Regulate Managed Care?, Donald T. Bogan
Protecting Patient Rights Despite Erisa: Will The Supreme Court Allow States To Regulate Managed Care?, Donald T. Bogan
Faculty Articles
No abstract provided.
Annual Survey Of Virginia Law: Insurance Law, Terrence L. Graves, J. Douglas Cuthbertson
Annual Survey Of Virginia Law: Insurance Law, Terrence L. Graves, J. Douglas Cuthbertson
University of Richmond Law Review
This article reviews the changes in Virginia insurance law that have occurred in the past two years. Most of the developments have been in motor vehicle liability and uninsured/underinsured motorist ("VM/UIM") coverage. But the article also surveys cases on bad faith, fire insurance, insurance regulation, life insurance, motor vehicle medical expense insurance, and waiver and estoppel.
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
Faculty Publications
This Article examines the theoretical justification for the insurer's asserted right to reimbursement of defense costs incurred in defending noncovered claims. Part I sketches some details about the duty to defend which are necessary prerequisites to exploring any claim to a right of reimbursement. Part II discusses the rationale offered by most courts and commentators for recognizing the right to reimbursement: under the law of restitution, the insurer who defends a noncovered claim bestows a benefit on the policyholder which, in justice, ought to be returned. This Part concludes that a reasoned argument can be made in support of the …