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Insurance Law Commons™

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2000

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Articles 1 - 30 of 47

Full-Text Articles in Insurance Law

Insurance, Stephen L. Cotter, C. Bradford Marsh Dec 2000

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 Oct 2000

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 Oct 2000

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 Oct 2000

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 Oct 2000

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 Oct 2000

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 Oct 2000

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 Oct 2000

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 Oct 2000

Posner And Erisa: A Survey, Aldo R. Edwards Van Muijen

Connecticut Insurance Law Journal

No abstract provided.


Posner And Moral Hazard, Eric D. Beal Oct 2000

Posner And Moral Hazard, Eric D. Beal

Connecticut Insurance Law Journal

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Oct 2000

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 Aug 2000

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 Jun 2000

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 May 2000

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 Apr 2000

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 Apr 2000

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 Apr 2000

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 Apr 2000

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 Apr 2000

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 Apr 2000

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 Apr 2000

Recent Case Developments, Jeffrey W. Stempel

Connecticut Insurance Law Journal

No abstract provided.


From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas Apr 2000

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 Apr 2000

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 Apr 2000

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 Apr 2000

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 Mar 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 …