Open Access. Powered by Scholars. Published by Universities.®

Insurance Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2001

Discipline
Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 61

Full-Text Articles in Insurance Law

Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans Dec 2001

Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans

Cornell Law Faculty Publications

It is an honor to be invited to comment on the first publication of the Arizona Jury Project, a study of Arizona juries that includes videotaping and analysis of jury room discussions and deliberations. It is a remarkable and unique project, made possible by an unusual confluence of people, places, and events. In an insightful opinion some years ago, United States Supreme Court Justice Louis Brandeis observed that "[i]t is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments …


Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker Oct 2001

Fundamental Mismatch: The Improper Integration Of Individual Liberty Rights Into Commerce Clause Analysis Of The Patient Protection And Affordable Care Act, Arthur J.R. Baker

University of Miami Law Review

No abstract provided.


The Marriage Of Intellectual Property And Insurance Law: An Introduction, Leo P. Martinez Oct 2001

The Marriage Of Intellectual Property And Insurance Law: An Introduction, Leo P. Martinez

Connecticut Insurance Law Journal

No abstract provided.


Physical Losses In Cyberspace, Hazel Glenn Beh Oct 2001

Physical Losses In Cyberspace, Hazel Glenn Beh

Connecticut Insurance Law Journal

No abstract provided.


A Practical Look At E-Commerce And Liability Insurance, Douglas R. Richmond Oct 2001

A Practical Look At E-Commerce And Liability Insurance, Douglas R. Richmond

Connecticut Insurance Law Journal

No abstract provided.


From The Journals: Insurance Law Abstracts, Heidi Lee De La Rossa Oct 2001

From The Journals: Insurance Law Abstracts, Heidi Lee De La Rossa

Connecticut Insurance Law Journal

No abstract provided.


Cybercoverage For Cyber-Risks: An Overview Of Insurers' Responses To The Perils Of E-Commerce, Robert H. Jerry, Michele L. Mekel Oct 2001

Cybercoverage For Cyber-Risks: An Overview Of Insurers' Responses To The Perils Of E-Commerce, Robert H. Jerry, Michele L. Mekel

Connecticut Insurance Law Journal

No abstract provided.


Coverage For Unfair Competition Torts Under General Liability Policies: Will The Intellectual Property Tail Wag The Coverage Dog, Francis J. Mootz Iii Oct 2001

Coverage For Unfair Competition Torts Under General Liability Policies: Will The Intellectual Property Tail Wag The Coverage Dog, Francis J. Mootz Iii

Connecticut Insurance Law Journal

No abstract provided.


Smoke And Mirrors: A Comparative Analysis Of Wto And Nafta Provisions Affecting The International Expansion Of Insurance Firms In North America, Bradly Condon Oct 2001

Smoke And Mirrors: A Comparative Analysis Of Wto And Nafta Provisions Affecting The International Expansion Of Insurance Firms In North America, Bradly Condon

Connecticut Insurance Law Journal

No abstract provided.


Securitization And The Catastrophe Bond: A Transactional Integration Of Industries Through A Capacity-Enhancing Product Of Risk Management, Todd V. Mcmillan Oct 2001

Securitization And The Catastrophe Bond: A Transactional Integration Of Industries Through A Capacity-Enhancing Product Of Risk Management, Todd V. Mcmillan

Connecticut Insurance Law Journal

No abstract provided.


In The Litigation Business: Insurance Company Liability For Acts Occurring In The Course Of Litigation Under The Washington Consumer Protection Act, Kasey D. Huebner Jul 2001

In The Litigation Business: Insurance Company Liability For Acts Occurring In The Course Of Litigation Under The Washington Consumer Protection Act, Kasey D. Huebner

Washington Law Review

Insurance companies generally have much greater bargaining power and resources than individual insureds When a claim by an insured against an insurance company fails to settle amicably and is followed by a lawsuit, the insured has few options should the insurance company behave unfairly or deceptively in the course of the litigation. The Washington Consumer Protection Act protects consumers from deceptive and bad faith acts by businesses, including insurance companies Although Washington courts have created a general exception disallowing CPA suits for acts occurring in the course of litigation, Washington case law has not directly or clearly addressed whether this …


Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii Jul 2001

Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii

Faculty Publications

Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. Indeed, the assertion that tort law and insurance law are intertwined is utterly unremarkable; many commentators have observed that tort law cannot be understood if the business of insurance and the law regulating it is ignored, and that insurance law cannot be understood if tort law is ignored. Several generations of law students have read casebooks, which in varying degrees pay homage to the connections between torts and insurance. Many law review articles and noteworthy books (or portions thereof) have plumbed the tort-insurance relationship. Although one …


Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii Jul 2001

Teaching Torts Without Insurance: A Second-Best Solution, David A. Fischer, Robert H. Jerry Ii

UF Law Faculty Publications

Teachers, scholars and practitioners have long appreciated the symbiotic relationship of torts and insurance. The authors examine how the study of torts is enriched when insurance concepts play a role in students' analysis. The discussion is divided into two parts. Part I offers a "macro" perspective on the connections between tort and insurance, summarizing the principal issues in play when the purposes of tort law are analyzed against the backdrop of first-party and third-party insurance compensation mechanisms. Part II provides a "micro" perspective on tort-insurance connections, taking a sample of discrete tort law principles, representative of those discussed in a …


Models Of Data Generation Vs. Models Of Events That Generate Data, Ward Edwards Jul 2001

Models Of Data Generation Vs. Models Of Events That Generate Data, Ward Edwards

Cardozo Law Review

No abstract provided.


Employment Law In A Changing Workplace, Katherine V.W. Stone Jul 2001

Employment Law In A Changing Workplace, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.


Lost In Oz: There Is No Yellow Brick Road For State Lawmakers To Follow In Drafting Privacy Legislation For Insurers, William M. Fay Jr. Apr 2001

Lost In Oz: There Is No Yellow Brick Road For State Lawmakers To Follow In Drafting Privacy Legislation For Insurers, William M. Fay Jr.

Connecticut Insurance Law Journal

No abstract provided.


The European Insurance Market, Harmonization Of Insurance Contract Law, And Consumer Policy, Juergen Basedow Apr 2001

The European Insurance Market, Harmonization Of Insurance Contract Law, And Consumer Policy, Juergen Basedow

Connecticut Insurance Law Journal

No abstract provided.


Pre-Appearance Security Requirements For Unlicensed Reinsurers In The United States, Kirill P. Strounnikov Apr 2001

Pre-Appearance Security Requirements For Unlicensed Reinsurers In The United States, Kirill P. Strounnikov

Connecticut Insurance Law Journal

No abstract provided.


Musings On The Seeming Inevitability Of Global Convergence In Banking Law, Patricia A. Mccoy Apr 2001

Musings On The Seeming Inevitability Of Global Convergence In Banking Law, Patricia A. Mccoy

Connecticut Insurance Law Journal

No abstract provided.


Insurance Privatization In Costa Rica: Lessons From Latin America With Special Reference To Uruguay, Nefalí Garro Apr 2001

Insurance Privatization In Costa Rica: Lessons From Latin America With Special Reference To Uruguay, Nefalí Garro

Connecticut Insurance Law Journal

No abstract provided.


Book Review: Phoenix Assurance And The Development Of British Insurance, Timothy Alborn Apr 2001

Book Review: Phoenix Assurance And The Development Of British Insurance, Timothy Alborn

Connecticut Insurance Law Journal

No abstract provided.


A Federal Bill, With Commentary, To Allow Choice In Auto Insurance, Jeffrey O'Connell, Peter Kinzler, Hunter Bates Apr 2001

A Federal Bill, With Commentary, To Allow Choice In Auto Insurance, Jeffrey O'Connell, Peter Kinzler, Hunter Bates

Connecticut Insurance Law Journal

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Apr 2001

Recent Case Developments, Jeffrey W. Stempel

Connecticut Insurance Law Journal

No abstract provided.


From The Journals: Insurance Law Abstracts, Jeffrey Thomas Apr 2001

From The Journals: Insurance Law Abstracts, Jeffrey Thomas

Connecticut Insurance Law Journal

No abstract provided.


Pegram V. Herdrich: A Case Study In “Dual” Loyalties: Why “Cost-Cutting” Health Maintenance Organizations Should Be Held Liable For Cutting Medically Necessary Care, Marni R. Wasserman Apr 2001

Pegram V. Herdrich: A Case Study In “Dual” Loyalties: Why “Cost-Cutting” Health Maintenance Organizations Should Be Held Liable For Cutting Medically Necessary Care, Marni R. Wasserman

Connecticut Insurance Law Journal

No abstract provided.


Invalidating The Family Or Household Exclusion In Auto Insurance, Gregory S. Munro Apr 2001

Invalidating The Family Or Household Exclusion In Auto Insurance, Gregory S. Munro

Faculty Journal Articles & Other Writings

No abstract provided.


Lee V. State Farm Mutual Insurance Company: A Partial Exception To Georgia's Impact Rule To Allow Parental Recovery For Emotional Distress From Witnessing The Suffering And Death Of A Child, Joseph I. Marchant Mar 2001

Lee V. State Farm Mutual Insurance Company: A Partial Exception To Georgia's Impact Rule To Allow Parental Recovery For Emotional Distress From Witnessing The Suffering And Death Of A Child, Joseph I. Marchant

Mercer Law Review

In Lee v. State Farm Mutual Insurance Co., the Georgia Supreme Court created a partial exception to Georgia's impact rule. The court held that when "a parent and child sustain a direct physical impact and physical injuries through the negligence of another, and the child dies as a result of such negligence, the parent may attempt to recover for serious emotional distress from witnessing the child's suffering and death" regardless of whether the emotional distress arises from the physical injury to the parent.


Nevada Power Co. V. Haggerty: The Nevada Supreme Court's Expansion Of The Independent Duty Doctrine, Sharon Steen Mar 2001

Nevada Power Co. V. Haggerty: The Nevada Supreme Court's Expansion Of The Independent Duty Doctrine, Sharon Steen

Nevada Law Journal

No abstract provided.


Watching Your Neighbor's Child: Is Babysitting Really A Business Pursuit? A Comment On Dwello V. American Reliance Insurance Company, Roger O. Steggerda Mar 2001

Watching Your Neighbor's Child: Is Babysitting Really A Business Pursuit? A Comment On Dwello V. American Reliance Insurance Company, Roger O. Steggerda

Nevada Law Journal

No abstract provided.


The New Psychological Contract: Implications Of The Changing Workplace For Labor And Employment Law, Katherine V.W. Stone Feb 2001

The New Psychological Contract: Implications Of The Changing Workplace For Labor And Employment Law, Katherine V.W. Stone

Cornell Law Faculty Publications

In this article, Professor Stone describes the profound changes that are occurring in the employment relationship in the United States. Firms are dismantling their internal labor markets and abandoning their implicit promises of orderly promotion and long-term job security. No longer is employment centered on a single, primary employer. Instead, employees operate in a boundaryless workplace in which they expect to move frequently between firms, and between divisions within firms, throughout their working lives. At the same time, employers and employees have a new understanding of their mutual obligations, a new psychological contract, in which expectations of job security and …