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Articles 1 - 30 of 37
Full-Text Articles in Insurance Law
State Of Confusion: Underinsured Motorist Coverage In Pennsylvania And The Opportunity To Get It Right, Logan Bennett
State Of Confusion: Underinsured Motorist Coverage In Pennsylvania And The Opportunity To Get It Right, Logan Bennett
Duquesne Law Review
Automobiles play a critical role in modern society. While many opt for alternative modes of transportation-for example public transportation, walking, and biking-the automobile remains the most popular method in America.2 Despite the obvious convenience of a personal vehicle, car accidents are a foreseeable but unfortunate consequence of driving. There are an average of six million car accidents in the United States each year.3 In Pennsylvania alone, there were over 115,000 car accidents reported in 2022, with the most common vehicle type involved being passenger cars.4
The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue
The Deterrence Case For Comprehensive Automaker Enterprise Liability, Kyle D. Logue
Journal of Law and Mobility
This Article lays out the potential (at this point purely theoretical) deterrence benefits of replacing our current auto tort regime (including auto products liability law, driver-based negligence claims, and auto no-fault regimes) with a single, comprehensive automaker enterprise liability system. This new regime would apply not only to Level 5 vehicles, but to all automobiles made and sold to be driven on public roads. Because such a system would make automakers unconditionally responsible for the economic losses resulting from any crashes of their vehicles, it would in effect make automakers into auto insurers as well, although such a change will …
Detecting And Preventing Insurance Fraud: State Of The Nation In Review, Johnny C. Parker
Detecting And Preventing Insurance Fraud: State Of The Nation In Review, Johnny C. Parker
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager
No-Fault Drives Again: A Contemporary Primer, Mark Nm. Hager
University of Miami Law Review
No abstract provided.
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Cleveland State Law Review
The automobile insurance industry is up in arms after a decade of consumer friendly Ohio Supreme Court decisions. The insurance industry and commentators have noted the trend of judicial activism in interpreting insurance contracts. These decisions have been overwhelmingly in favor of consumers and against insurance companies. The Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is another consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts. This note walks through the Holt case, starting at the trial court level and working up through the Ohio …
Automobile Insurance Policies Build "Write-Away" Around Frolic And Detour, A Persistent Problem On The Highway Of Torts, William A. Wines
Automobile Insurance Policies Build "Write-Away" Around Frolic And Detour, A Persistent Problem On The Highway Of Torts, William A. Wines
Campbell Law Review
This article reviews the controversy surrounding the "frolic and detour" doctrine, looks at the Restatement (Second) of Agency position on the question, and examines a standard of automobile insurance policy containing the permissive user clause. Next, the results of an empirical test of whether the frequency of litigation has decreased in the "frolic and detour" area is presented.
Insurance Claims Fraud Problems And Remedies, Robert W. Emerson
Insurance Claims Fraud Problems And Remedies, Robert W. Emerson
University of Miami Law Review
No abstract provided.
Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett
Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett
Cleveland State Law Review
The Ohio Supreme Court in Wood v. Shepard had occasion to interpret Ohio's wrongful death statute in conjunction with Ohio's uninsured and underinsured motorist statute (UUM). The court held that the wrongful death of an insured creates separate claims that are not subject to a single person limit of liability in the deceased insured's UUM coverage. Wood is a nebulous decision. It overcompensates the deceased insured's surviving family members and turns the deceased insured's UUM coverage into a bottomless well from which the surviving family members may draw compensation. The full effect of Wood is yet unknown. What is known, …
A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough
A Gap In The North Carolina Motor Vehicle Liability Policy Statute: Joint Tortfeasors - When And How Does Underinsured Motorist Coverage Apply?, Elizabeth H. Mccullough
Campbell Law Review
This Comment examines North Carolina's underinsured motorist coverage statute, a standard North Carolina automobile insurance policy and applicable common law.
A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson
A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson
Faculty Scholarship
The Minnesota No-Fault Act has undergone substantial change since its enactment in 1974. Recent legislative modifications and judicial constructions of the Act's provisions have served to correct earlier deficiencies, but have raised new and complex problems of interpretation. In light of these developments, Professor Steenson provides an overview that explains how the Act functions. After tracing the history of automobile insurance regulation in Minnesota, Professor Steenson examines in detail the various compulsory and optional insurance coverages under the Act, the proper sources of payment under those coverages, and the limitations imposed by the Act on the right to recover damages …
Insurer Intervention In Uninsured Motorist Cases, Alan W. Becker
Insurer Intervention In Uninsured Motorist Cases, Alan W. Becker
Indiana Law Journal
No abstract provided.
Insurance--Some Suggested Changes In The Standard Policy Provisions Promulgated Under The Uninsured Motorist Law, Thomas Evans
Insurance--Some Suggested Changes In The Standard Policy Provisions Promulgated Under The Uninsured Motorist Law, Thomas Evans
West Virginia Law Review
No abstract provided.
Interpretation Of Restriction Of Risk Clauses In Automobile Insurance Policies, James A. Rendall
Interpretation Of Restriction Of Risk Clauses In Automobile Insurance Policies, James A. Rendall
Dalhousie Law Journal
A recent British Columbia case, Sabell et al. v. Liberty Mutual Insurance Company has attempted a definition of the standard automobile insurance policy restriction against "driving in connection with the business of selling automobiles".' This judgment by Ruttan, J. is mildly surprising for a number of reasons. It places a generous interpretation on a clause used by an insurer to restrict its risk and, in the result, recovery is denied to a third party claimant. Thus, the judgment represents something of a departure from the usual judicial treatment of exclusion clauses which are most commonly construed rather strictly against the …
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
University of Michigan Journal of Law Reform
Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …
Uninsured Motorist Coverage--Charting The Kentucky Course, Thomas M. Cooper
Uninsured Motorist Coverage--Charting The Kentucky Course, Thomas M. Cooper
Kentucky Law Journal
No abstract provided.
Automobile Liability Insurance-The Voluntary-Certified Policy Dichotomy
Automobile Liability Insurance-The Voluntary-Certified Policy Dichotomy
Washington and Lee Law Review
No abstract provided.
Symposium On No-Fault Insurance: Introduction, J. Timothy Philipps
Symposium On No-Fault Insurance: Introduction, J. Timothy Philipps
West Virginia Law Review
No abstract provided.
The Legal Profession's View Of No-Fault, Edward W. Kuhn
The Legal Profession's View Of No-Fault, Edward W. Kuhn
West Virginia Law Review
No abstract provided.
No-Fault Automobile Insurance--An Attempt At A Realistic Evaluation, Samuel H. Weese
No-Fault Automobile Insurance--An Attempt At A Realistic Evaluation, Samuel H. Weese
West Virginia Law Review
No abstract provided.
No-Fault Vs. The Present Reparations System--A West Virginia Insurance Executive's View, F. L. Norton
No-Fault Vs. The Present Reparations System--A West Virginia Insurance Executive's View, F. L. Norton
West Virginia Law Review
In discussing no-fault insurance in any Law Review article, undoubtedly one with legal training undertakes the task with more than ordinary trepidation as, unfortunately, no one is able to fortify any position he might take with elaborate legal citations. Nonetheless, as a West Virginia lawyer, as president of a West Virginia-domiciled insurance company predominantly writing what future historians might some day call auto fault insurance, and as a citizen, this legal dissertation might be more properly classed as a sharing of some of my thoughts as to where we stand, and what legislative steps might ultimately prove in our best …
An Argument To The People On No-Fault Automobile Insurance, Stanley Preiser
An Argument To The People On No-Fault Automobile Insurance, Stanley Preiser
West Virginia Law Review
No abstract provided.
Routes To Reform Of The Automobile Reparations System, Robert E. Keeton
Routes To Reform Of The Automobile Reparations System, Robert E. Keeton
West Virginia Law Review
No abstract provided.
Compensation Reform: Accident Costs, And Traffic Safety: Toward A Unified Motor Transport Policy, Phillip C. Thorpe
Compensation Reform: Accident Costs, And Traffic Safety: Toward A Unified Motor Transport Policy, Phillip C. Thorpe
Indiana Law Journal
No abstract provided.
Pretrial Discovery Of Existence And Limits Of Automobile Liability Insurance, Larry Andrew Winter
Pretrial Discovery Of Existence And Limits Of Automobile Liability Insurance, Larry Andrew Winter
West Virginia Law Review
The purpose and scope of this note is to analyze the apparent irreconcilable conflict which exists in both state and federal cases with respect to the discoverability of a defendant's liability insurance policy and its limits in an action based on an automobile accident. The cases analyzed are limited to those involving automobile accidents in which the plaintiff has attempted to learn of the existence of liability insurance through one of three techniques of discovery as provided by the Federal Rules of Civil Procedure or similar state procedures: (1) oral deposition, (2) written interrogatories, and (3) orders for production and …
The Automobile Compensation Controversy, William E. Knepper
The Automobile Compensation Controversy, William E. Knepper
Washington and Lee Law Review
No abstract provided.
Needed For Automobile Insurance Regulation--A Gyroscope, Edmund J. O'Brien
Needed For Automobile Insurance Regulation--A Gyroscope, Edmund J. O'Brien
Kentucky Law Journal
No abstract provided.
Failure Of Insured To Attend Trial As Breach Of Cooperation Clause
Failure Of Insured To Attend Trial As Breach Of Cooperation Clause
Washington and Lee Law Review
No abstract provided.
Misrepresentation In Application For Liability Insurance, Julien C. Renswick
Misrepresentation In Application For Liability Insurance, Julien C. Renswick
Cleveland State Law Review
The purpose of this paper is discussion of the defenses available to the insured when the insurer attempts forfeiture of a liability policy, particularly auto accident liability, for alleged misrepresentation at the time of application by the insured.
Pleading Under The Virginia Uninsured Motorist Statute, Daniel Hartnett
Pleading Under The Virginia Uninsured Motorist Statute, Daniel Hartnett
Washington and Lee Law Review
No abstract provided.
Materiality Of Ownership In Auto Liability Policies
Materiality Of Ownership In Auto Liability Policies
Washington and Lee Law Review
No abstract provided.