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Full-Text Articles in Insurance Law

The Court Of Appeals For The Fifth Circuit: A Legal Analysis And Statistical Review Of 2005-2006 Insurance Decisions, Willy E. Rice Jan 2007

The Court Of Appeals For The Fifth Circuit: A Legal Analysis And Statistical Review Of 2005-2006 Insurance Decisions, Willy E. Rice

Faculty Articles

he Fifth Circuit Court of Appeals decided and published twenty-four insurance-related appeals between June 2005 and May 2006 from cases originating in seven federal district courts. Like petitioners in prior years, the overwhelming majority of the 2005-2006 appellants petitioned the court of appeals to reverse or vacate district courts' adverse summary judgments as well as the lower courts' allegedly questionable interpretations of various insurance contracts. Most of the controversies involved familiar procedural and substantive questions of law, but the Fifth Circuit also decided many questions of fact. Furthermore, several preemption questions and disputes over subject matter jurisdiction appeared among the …

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Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff Dec 2006

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 …

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Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski Nov 2006

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 …

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Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski Nov 2006

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 …

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The Commodification Of Insurance Defense Practice, Herbert M. Kritzer Nov 2006

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 …

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A Complete Property Right Amendment, John H. Ryskamp Oct 2006

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.

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The Restatement (Second) Of Contracts As A Useful Tool For Addressing Common Insurance Law Issues, Nicholas M. Insua, Matthew J. Delude Oct 2006

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.

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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 Oct 2006

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.

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Helping Individuals Investors Do What They Know Is Right: The Save More For Retirement Act Of 2005, Matthew Venhorst Oct 2006

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.

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Consumer-Driven Health Care: Moral Hazard, The Efficiency Of Income Transfers, And Market Power, John A. Nyman Oct 2006

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 …

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Buss Stop: A Policy Language Based Analysis, Angela R. Elbert, Stanley C. Nardoni Oct 2006

Buss Stop: A Policy Language Based Analysis, Angela R. Elbert, Stanley C. Nardoni

Connecticut Insurance Law Journal

No abstract provided.

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The Chawla Decision: A Death Knell For The Use Of Life Insurance Trust In Estate Planning?, Reagan N. Clyne Oct 2006

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.

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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. Sep 2006

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.

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Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson Sep 2006

Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson

Nevada Law Journal

In twenty years of asbestos litigation, procedural reforms at all levels of the civil litigation system have failed to reduce plaintiffs' attorneys'fees. The result has been dramatic undercompensation of asbestos tort victims. This paper attepts to explain this remarkable fact using economic methodology. The paper offers three theories: First, that the continuing difficulty of assessing causation in asbestos and other mass tort cases predictably impedes the efforts of procedural reform to reduce costs; second, that changes in defendant and insurer risk attitudes have generated costly litigation; third, that collusion of plaintiffs' attorneys to maintain prices cannot be ruled out. Each …

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Natural Disaster Risks: An Introduction, W. Kip Viscusi Sep 2006

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.

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The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang Aug 2006

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.

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Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee Jul 2006

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, …

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Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

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.

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Globalnet Financial. Com V. Frank Crystal & Co., 449 F. 3d 377 - Court Of Appeals, 2nd Circuit 2006, Roger J. Miner '56 May 2006

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 …

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Pricing Death: Analyzing The Secondary Market For Life Insurance Policies And Its Regulatory Environment, Sachin Kohli May 2006

Pricing Death: Analyzing The Secondary Market For Life Insurance Policies And Its Regulatory Environment, Sachin Kohli

Buffalo Law Review

No abstract provided.

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The Future Of The National Flood Insurance Program In The Aftermath Of Hurricane Katrina, Quynh T. Pham Apr 2006

The Future Of The National Flood Insurance Program In The Aftermath Of Hurricane Katrina, Quynh T. Pham

Connecticut Insurance Law Journal

No abstract provided.

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Comments For The University Of Connecticut Asbestos Litigation Symposium, James L. Stengel Apr 2006

Comments For The University Of Connecticut Asbestos Litigation Symposium, James L. Stengel

Connecticut Insurance Law Journal

No abstract provided.

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The Asbestos Litigation Crisis: The Tide Appears To Be Turning, Mark A. Behrens, Phil Goldberg Apr 2006

The Asbestos Litigation Crisis: The Tide Appears To Be Turning, Mark A. Behrens, Phil Goldberg

Connecticut Insurance Law Journal

No abstract provided.

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Anorexia Killed Her, But The System Failed Her: Does The American Insurance System Suffer From Anorexia, Beth A. Brunalli Apr 2006

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.

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On The Applicability Of The Silica Mdl Proceeding To Asbestos Litigation, Lester Brickman Apr 2006

On The Applicability Of The Silica Mdl Proceeding To Asbestos Litigation, Lester Brickman

Connecticut Insurance Law Journal

No abstract provided.

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A Future For Asbestos Apportionment, Michael D. Green Apr 2006

A Future For Asbestos Apportionment, Michael D. Green

Connecticut Insurance Law Journal

No abstract provided.

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Some Reflections On The Future Of Mass Torts, Peter H. Schuck Apr 2006

Some Reflections On The Future Of Mass Torts, Peter H. Schuck

Connecticut Insurance Law Journal

No abstract provided.

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Assessing The Coverage Carnage: Asbestos Liability And Insurance After Three Decades Of Dispute, Jeffrey W. Stempel Apr 2006

Assessing The Coverage Carnage: Asbestos Liability And Insurance After Three Decades Of Dispute, Jeffrey W. Stempel

Connecticut Insurance Law Journal

No abstract provided.

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An Elegy For The Fair Act, Patrick M. Hanlon Apr 2006

An Elegy For The Fair Act, Patrick M. Hanlon

Connecticut Insurance Law Journal

No abstract provided.

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Reasonable Expectations In The Sphere Of Liberty: A Theory Of Accidental Death Insurance Coverage, Catherine Spain Apr 2006

Reasonable Expectations In The Sphere Of Liberty: A Theory Of Accidental Death Insurance Coverage, Catherine Spain

Connecticut Insurance Law Journal

No abstract provided.

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