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Articles 1 - 30 of 54
Full-Text Articles in Insurance Law
Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff
Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff
Mercer Law Review
For the second year in a row, Georgia appellate courts have emphasized that even if the slightest doubt exists as to whether a liability insurance policy provides coverage for a loss, an insurer should provide a defense to the insured for the lawsuit or face potentially detrimental consequences out of the insurer's control, which the insurer will have little or no ability to alter after a judgment has been rendered against the insured. Several other recent decisions have made significant changes to insurance law as well. Some of the decisions indicate that it is becoming increasingly difficult for an insurer …
Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski
Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers that have been shown to distort litigation decision making, appear to make decisions in a …
Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski
Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski
Vanderbilt Law School Faculty Publications
Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers, though not entirely immune to the effects of cognitive illusions that have been shown to …
The Commodification Of Insurance Defense Practice, Herbert M. Kritzer
The Commodification Of Insurance Defense Practice, Herbert M. Kritzer
Vanderbilt Law Review
In this paper, I present an analysis of insurance defense practice using the heuristic of a commodity.7 Essentially, I argue that many, perhaps even most, insurance companies have come to view the more routine work of insurance defense as something to be purchased in a marketplace where there are a large number of interchangeable providers.8 Loyalty between buyer and seller, to the extent that it had been an important element of the relationship, has faded. Today, insurance companies frequently shop for the best deal, which may include producing insurance defense services in-house rather than purchasing those services from an outside …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
The Restatement (Second) Of Contracts As A Useful Tool For Addressing Common Insurance Law Issues, Nicholas M. Insua, Matthew J. Delude
The Restatement (Second) Of Contracts As A Useful Tool For Addressing Common Insurance Law Issues, Nicholas M. Insua, Matthew J. Delude
Connecticut Insurance Law Journal
No abstract provided.
Should Insurers In Texas Be Prohibited From Using Staff Attorneys To Defend Third Party Claims Brought Against Insureds: A Closer Look At American Home Assurance, Denise Purpura
Connecticut Insurance Law Journal
No abstract provided.
Helping Individuals Investors Do What They Know Is Right: The Save More For Retirement Act Of 2005, Matthew Venhorst
Helping Individuals Investors Do What They Know Is Right: The Save More For Retirement Act Of 2005, Matthew Venhorst
Connecticut Insurance Law Journal
No abstract provided.
Consumer-Driven Health Care: Moral Hazard, The Efficiency Of Income Transfers, And Market Power, John A. Nyman
Consumer-Driven Health Care: Moral Hazard, The Efficiency Of Income Transfers, And Market Power, John A. Nyman
Connecticut Insurance Law Journal
Consumer-driven health care (CDHC) and health savings accounts (HSAs) have been promoted as ways to reduce national health expenditures. This essay attempts to place these policies in a theoretical perspective. CDHC is intended to reduce expenditures by reducing the additional quantity of health care that consumers purchase when insured, that is, by reducing moral hazard. This essay suggests that while some moral hazard is inefficient and should be discouraged, a large portion moral hazard-the health care that ill consumers can only afford to purchase if they are insured-is actually efficient and should be encouraged. CDHC does not distinguish between these …
Buss Stop: A Policy Language Based Analysis, Angela R. Elbert, Stanley C. Nardoni
Buss Stop: A Policy Language Based Analysis, Angela R. Elbert, Stanley C. Nardoni
Connecticut Insurance Law Journal
No abstract provided.
The Chawla Decision: A Death Knell For The Use Of Life Insurance Trust In Estate Planning?, Reagan N. Clyne
The Chawla Decision: A Death Knell For The Use Of Life Insurance Trust In Estate Planning?, Reagan N. Clyne
Connecticut Insurance Law Journal
No abstract provided.
Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson
Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson
Nevada Law Journal
No abstract provided.
The Roof Is On Fire: When, Absent An Agreement Otherwise, May A Landlord's Insurer Pursue A Subrogation Claim Against A Negligent Tenant?, Robert Vanneman Spake, Jr.
The Roof Is On Fire: When, Absent An Agreement Otherwise, May A Landlord's Insurer Pursue A Subrogation Claim Against A Negligent Tenant?, Robert Vanneman Spake, Jr.
Washington and Lee Law Review
No abstract provided.
Natural Disaster Risks: An Introduction, W. Kip Viscusi
Natural Disaster Risks: An Introduction, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
An introduction to a special issue of the Journal of Risk and Uncertainty dealing with the implications of catastrophic events for research on risk and uncertainty. What are the consequences of natural disasters? How do individuals and firms respond to such disasters? How do insurers respond, and how should the government respond? Several of these papers will have a strong normative component as they will suggest what actions individuals, firms, and the government should take in anticipation of natural disasters.
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
Michigan Law Review
This Note argues that because homeowners insurance is central to homeownership, the FHA applies to insurance underwriting policies, such as those mentioned above, that have a disparate impact on minority potential homeowners. Part I considers whether the FHA applies to homeowners insurance and concludes that homeowners insurance is covered by the Act. Part II goes on to argue that the FHA applies to homeowners insurance even where the discrimination results from disparate impact, rather than from disparate treatment. Finally, Part III analyzes the above-mentioned policies of the insurance industry under the FHA disparate impact standard.
Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee
Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee
UF Law Faculty Publications
This essay inquires into the political economy and system of governance that have made catastrophes more frequent and severe. The system of governance that is designed to mitigate risk and respond to catastrophes can be ineffective, or worse, increase the risk of harm through unintended consequences. Human influence must be considered a source of collateral risk, the kind that leads to a systemic crisis or exacerbates one. This essay concludes with some brief proposals, discussion topics more than completed ideas, which may facilitate further academic and political dialogue on effective governance and public risk management. They include a catastrophe tax, …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56
Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56
Circuit Court Opinions
Plaintiff-appellant GlobalNet Financial.com, Inc. ("GlobalNet") appeals from a summary judgment entered in the United States District Court for the Southern District of New York (Sweet, J.) in favor of defendant-appellee Frank Crystal & Co., Inc. ("Crystal"). The action was brought against Crystal, an insurance broker, to recover damages arising from Crystal's failure to transmit insurance cancellation notices to GlobalNet. The District Court determined that (i) New York law should apply to GlobalNet's contract claims; (ii) New York law should apply to GlobalNet's tort claims; and (iii) having applied New York law, Crystal was entitled to judgment as a matter …
Pricing Death: Analyzing The Secondary Market For Life Insurance Policies And Its Regulatory Environment, Sachin Kohli
Pricing Death: Analyzing The Secondary Market For Life Insurance Policies And Its Regulatory Environment, Sachin Kohli
Buffalo Law Review
No abstract provided.
The Future Of The National Flood Insurance Program In The Aftermath Of Hurricane Katrina, Quynh T. Pham
The Future Of The National Flood Insurance Program In The Aftermath Of Hurricane Katrina, Quynh T. Pham
Connecticut Insurance Law Journal
No abstract provided.
Comments For The University Of Connecticut Asbestos Litigation Symposium, James L. Stengel
Comments For The University Of Connecticut Asbestos Litigation Symposium, James L. Stengel
Connecticut Insurance Law Journal
No abstract provided.
The Asbestos Litigation Crisis: The Tide Appears To Be Turning, Mark A. Behrens, Phil Goldberg
The Asbestos Litigation Crisis: The Tide Appears To Be Turning, Mark A. Behrens, Phil Goldberg
Connecticut Insurance Law Journal
No abstract provided.
Anorexia Killed Her, But The System Failed Her: Does The American Insurance System Suffer From Anorexia, Beth A. Brunalli
Anorexia Killed Her, But The System Failed Her: Does The American Insurance System Suffer From Anorexia, Beth A. Brunalli
Connecticut Insurance Law Journal
No abstract provided.
On The Applicability Of The Silica Mdl Proceeding To Asbestos Litigation, Lester Brickman
On The Applicability Of The Silica Mdl Proceeding To Asbestos Litigation, Lester Brickman
Connecticut Insurance Law Journal
No abstract provided.
A Future For Asbestos Apportionment, Michael D. Green
A Future For Asbestos Apportionment, Michael D. Green
Connecticut Insurance Law Journal
No abstract provided.
Some Reflections On The Future Of Mass Torts, Peter H. Schuck
Some Reflections On The Future Of Mass Torts, Peter H. Schuck
Connecticut Insurance Law Journal
No abstract provided.
Assessing The Coverage Carnage: Asbestos Liability And Insurance After Three Decades Of Dispute, Jeffrey W. Stempel
Assessing The Coverage Carnage: Asbestos Liability And Insurance After Three Decades Of Dispute, Jeffrey W. Stempel
Connecticut Insurance Law Journal
No abstract provided.
An Elegy For The Fair Act, Patrick M. Hanlon
An Elegy For The Fair Act, Patrick M. Hanlon
Connecticut Insurance Law Journal
No abstract provided.
Reasonable Expectations In The Sphere Of Liberty: A Theory Of Accidental Death Insurance Coverage, Catherine Spain
Reasonable Expectations In The Sphere Of Liberty: A Theory Of Accidental Death Insurance Coverage, Catherine Spain
Connecticut Insurance Law Journal
No abstract provided.
From The Journals: Insurance Law Abstracts, Emmanuelle Regine Francois
From The Journals: Insurance Law Abstracts, Emmanuelle Regine Francois
Connecticut Insurance Law Journal
No abstract provided.