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Articles 1 - 26 of 26
Full-Text Articles in Insurance Law
Pengakhiran Kontrak Sebelum Terjadi Wanprestasi Oleh Pihak Yang Mengantisipasi Kegagalan Pelaksanaan Kewajiban, M. Hillman Mehaga S
Pengakhiran Kontrak Sebelum Terjadi Wanprestasi Oleh Pihak Yang Mengantisipasi Kegagalan Pelaksanaan Kewajiban, M. Hillman Mehaga S
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Termination of an agreement/contract in a situation where a party has known that he/she/it will not be able to perform its obligation(s) based on the agreement/contract to avoid the occurrence of the larger losses if the agreement/contract is still ongoing. Under Indonesian civil law, a defaulting party or a party who has anticipated that he/she/it will fail to meet obligation(s) does not have the right to file a claim to terminate an agreement/contract. This means that, this party can only be passive until the default actually happens and wait until the non-defaulting party to file the claim with the claim …
Contracting For Healthcare: Price Terms In Hospital Admission Agreements, George A. Nation Iii
Contracting For Healthcare: Price Terms In Hospital Admission Agreements, George A. Nation Iii
Dickinson Law Review (2017-Present)
This article discusses the application of contract law principles to the relationship between hospitals and patients to determine how much patients owe for the health care they receive. For patients who are covered by in-network health insurance the exact nature of the contract created with the hospital usually is not relevant to the patient’s financial obligation because the patient’s contract with the hospital is superseded by the contract between the patient’s health insurer and the hospital. Nevertheless, even in-network patients are financially impacted, via increased insurance premiums, by the contract analysis discussed here, and for the increasing number of patients …
State Farm Mut. Auto. Ins. Co. V. Hansen, 131 Nev. Adv. Op. 74 (Sept. 24, 2015), Kristen Matteoni
State Farm Mut. Auto. Ins. Co. V. Hansen, 131 Nev. Adv. Op. 74 (Sept. 24, 2015), Kristen Matteoni
Nevada Supreme Court Summaries
Under Nevada law, an insurer is required to provide independent counsel of the insured choosing when a conflict of interest arises between the insured and the insurer. A reservation of rights fails to create a per se conflict of interest. Instead, the courts must analyze on a case-by-case basis whether an actual conflict exists. Only if an actual conflict exists, must an insurer be obligated to provide the insured with independent counsel.
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Liability Cure-All For Insidious Disease Claims, Susan Frankewich
Liability Cure-All For Insidious Disease Claims, Susan Frankewich
Pepperdine Law Review
Recent decisions handed down in various circuits have created virtual chaos in predicting the liability and damage amounts of insidious disease claims. At least three substantially divergent theories have been adopted to impute liability to the manufacturers of the disease catalysts. Additionally, a new trust fund concept has been used on a limited basis to reconcile differences in court decisions. The trust fund approach is relatively flexible and simple to apply in apportioning damages for insidious disease claims. The author examines and analyzes these three liability theories. In conclusion, the adoption of the trust fund concept is recommended.
Reasonable Expectations: Seeking A Principled Application, William A. Mayhew
Reasonable Expectations: Seeking A Principled Application, William A. Mayhew
Pepperdine Law Review
No abstract provided.
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Faculty Scholarship
In his recent article, Professor Richard Squire offers a provocative theory in which he claims the underlying claimants in shareholder litigation against corporate policyholders are overcompensated due to what he describes as “cramdown” settlements, under which insurers are forced to settle due to the “duty to contribute” that arises under multi-layered directors and officers (“D&O”) insurance programs. He also offers a novel idea regarding how this problem could be fixed by what he refers to as “segmented” settlements in which each insurer and the policyholder would be allowed to settle separately and consider only its own interests in doing so. …
Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea
Exposure, Manifestation Of Loss, Injury-In-Fact, Continuous Trigger: The Insurance Coverage Quagmire , Nicolas R. Andrea
Pepperdine Law Review
No abstract provided.
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Pepperdine Law Review
No abstract provided.
The Insurance Policy As Statute, Jeffrey W. Stempel
The Insurance Policy As Statute, Jeffrey W. Stempel
Scholarly Works
Insurance policies are classified as a subspecies of contract. Although the taxonomy is correct, rigid adherence to this classification system limits the legal system's ability to deal with some of the most problematic and frequently litigated questions of insurance coverage. Restricting conception of insurance policies to the contract model unduly limits analysis of the meaning and function of the policies. In addition, restricting characterization of insurance as a matter of “contract” does not necessarily produce swift, inexpensive, efficient, or uniform decisions (to say nothing about accuracy, justice, or fairness). Within contract law, scholars, and courts differ over the respective primacy …
The Insurance Policy As Thing, Jeffrey W. Stempel
The Insurance Policy As Thing, Jeffrey W. Stempel
Scholarly Works
Insurance policies are a type of contract. But characterizing them only as contracts misses much of the richness of the insurance arrangement, policyholder-insurer relations, and the degree to which insurance policies, which are heavily standardized, are designed to perform a particular function. Because of their mass standardization and deployment to address particular risk management issues, insurance policies are in many respects like products or chattels. Insurers and the insurance trade press in fact frequently speak of a line of insurance "products" or a new "product" being introduced to address an emerging risk. Appreciating this aspect of the insurance policy can …
The Relationship Between Defense Counsel, Policyholders, And Insurers: Nevada Rides Yellow Cab Toward "Two-Client" Model Of Tripartite Relationship. Are Cumis Counsel And Malpractice Claims By Insurers Next?, Jeffrey W. Stempel
Scholarly Works
It happens constantly in civil litigation. An insurance company hires a lawyer to defend its policyholder from a third party’s claim of injury. But just who is the lawyer’s “client?” Is it the policyholder who is the named defendant in the case and is “represented” in court proceedings? Or is it the insurer who, in most cases, selected the attorney, pays the attorney, supervises the litigation, and has (by the terms of the liability insurance policy) the right to settle the case, even over the objections of the policyholder? Ordinarily, the liability insurer has both the duty to defend a …
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Richmond Journal of Global Law & Business
Sophisticated planning for the high net-worth United States citizens often includes the use of offshore variable life insurance. Such leading edge planning is accomplished through structures that provide income, gift, estate, and generation-skipping transfer tax planning not available domestically. In addition to providing sophisticated tax and estate planning benefits, variable life insurance policies issued by foreign-based carriers have numerous economic advantages.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in years 1998 and 1999.
Unmet Expectations: Undue Restriction Of The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel
Unmet Expectations: Undue Restriction Of The Reasonable Expectations Approach And The Misleading Mythology Of Judicial Role, Jeffrey W. Stempel
Scholarly Works
A complete and open embrace of the pure version of the doctrine as enunciated in Judge Keeton's famous article--which expressly provides for finding coverage consistent with the objectively reasonable expectations of the policyholder even where those expectations are contradicted by apparently clear policy language --is viewed by much of the legal and political mainstream as too inconsistent with the prevailing American paradigm of judicial restraint, strict construction of disputed texts, and minimal government involvement in market activity. Some of this resistance to reasonable expectations is the product of an unrealistic reification of the prevailing American politico-legal philosophy of judicial restraint. …
Interpreting Insurance Policies, Jeffrey W. Stempel
Interpreting Insurance Policies, Jeffrey W. Stempel
Scholarly Works
Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.
Bad Faith In First Party Insurance Contracts—What's Next, Paula J. Casey
Bad Faith In First Party Insurance Contracts—What's Next, Paula J. Casey
University of Arkansas at Little Rock Law Review
No abstract provided.
Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy
Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy
Fordham Urban Law Journal
Plaintiff Dolores Smith appealed from a judgment in a favor of the Westland Life Insurance Company after a nonjury trial. Mrs. Smith, as the widow and administratrix of the estate of her husband, sought recovery of $10,000 under a temporary life insurance contract. Mr. Smith had paid the first month’s premium and received a conditional receipt, also known as a binder or a binding receipt, from a soliciting agent of Westland on April 8, 1963. However, due to the hazardous nature of Smith’s employment as a railroad laborer, Westland issued him a modified policy, with increased premiums, on April 24. …
Pyramiding Of Insurance Coverage Under The Standard Family Automobile Liability Policy, Edward J. Ciechon Jr.
Pyramiding Of Insurance Coverage Under The Standard Family Automobile Liability Policy, Edward J. Ciechon Jr.
Villanova Law Review (1956 - )
No abstract provided.
Agency And Insurance: Should The Defense Of Fraud By Its Own Agent Be Available To An Insurance Company Issuing Automobile Insurance?, J. Dennis Hynes
Agency And Insurance: Should The Defense Of Fraud By Its Own Agent Be Available To An Insurance Company Issuing Automobile Insurance?, J. Dennis Hynes
Publications
No abstract provided.
The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison
The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison
Villanova Law Review (1956 - )
No abstract provided.
The Friendly Versus Hostile Fire Dichotomy, Robert I. Reis
The Friendly Versus Hostile Fire Dichotomy, Robert I. Reis
Villanova Law Review (1956 - )
No abstract provided.
Enforceability Of Temporary Binders Issued By Life Insurance Companies - Simpson V. Prudential Insurance Co. Of America, J. Frederick Sharer
Enforceability Of Temporary Binders Issued By Life Insurance Companies - Simpson V. Prudential Insurance Co. Of America, J. Frederick Sharer
Maryland Law Review
No abstract provided.
Insurance -- 1961 Tennessee Survey, Robert N. Covington
Insurance -- 1961 Tennessee Survey, Robert N. Covington
Vanderbilt Law Review
The developments in the Tennessee law of insurance during the past year were important without being surprising. The various courts delivered opinions dealing with a number of the central issues in insurance law, especially in the field of risk control, and by and large followed the line of thinking established by past years. Many of the decisions are of less significance than one might suppose, because of their extreme involvement in particular fact situations.
Automobile Policy Exclusions, A. L. Plummer
Automobile Policy Exclusions, A. L. Plummer
Vanderbilt Law Review
The exclusions in the automobile liability insurance policies have required much litigation to clarify and interpret the intent of the draftsmen and underwriter who wrote them. An exclusion takes away or modifies certain coverages given in the insuring agreements. The giving and taking-away provisions of insurance policies are necessary in the making of a limited contract. They tend to avoid duplication of coverage, limit the assumed risk or hazard, avoid underwriting the primary liabilities of others that should be covered by other policy forms, and otherwise limit the scope of coverage. Since 1936 there has been a constant effort by …