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Articles 1831 - 1860 of 3230
Full-Text Articles in Insurance Law
What's Half A Lung Worth? Civil Jurors' Accounts Of Their Award Decision Making, Nicole L. Mott, Valerie P. Hans, Lindsay Simpson
What's Half A Lung Worth? Civil Jurors' Accounts Of Their Award Decision Making, Nicole L. Mott, Valerie P. Hans, Lindsay Simpson
Cornell Law Faculty Publications
Jury awards are often criticized as being arbitrary and excessive. This paper speaks to that controversy, reporting data from interviews with civil jurors' accounts of the strategies that juries use and the factors that they consider in arriving at a collective award. Jurors reported difficulty in deciding on awards, describing it as "the hardest part" of jury service and were surprised the court did not provide more guidance to them. Relatively few jurors entered the jury deliberation room with a specified award figure in mind. Once in the deliberation room, however, they reported discussing a variety of relevant factors such …
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
Post Claim Underwriting, Thomas C. Cady, Georgia Lee Gates
West Virginia Law Review
No abstract provided.
Bad Fath Claims Against Insurers: The State Of Utah Law Fifteen Years After Beck V. Farmers Insurance Exchange, William Kevin Tanner
Bad Fath Claims Against Insurers: The State Of Utah Law Fifteen Years After Beck V. Farmers Insurance Exchange, William Kevin Tanner
Brigham Young University Journal of Public Law
No abstract provided.
Yellow Page Ads As Evidence Of Widespread Overcharging By The Plaintiffs’ Personal Injury Bar — And A Proposed Solution, Jeffrey O'Connell, Carlos M. Brown, Michael D. Smith
Yellow Page Ads As Evidence Of Widespread Overcharging By The Plaintiffs’ Personal Injury Bar — And A Proposed Solution, Jeffrey O'Connell, Carlos M. Brown, Michael D. Smith
Connecticut Insurance Law Journal
No abstract provided.
Combating Discriminatory Insurance Practices: Title Iii Of The Americans With Disabilities Act, Jesse A. Langer
Combating Discriminatory Insurance Practices: Title Iii Of The Americans With Disabilities Act, Jesse A. Langer
Connecticut Insurance Law Journal
No abstract provided.
Risk In Contemporary Society, François Ewald
Risk In Contemporary Society, François Ewald
Connecticut Insurance Law Journal
No abstract provided.
Rediscovering The Mccarran–Ferguson Act’S Commerce Clause Limitation, Raymond A. Guenter
Rediscovering The Mccarran–Ferguson Act’S Commerce Clause Limitation, Raymond A. Guenter
Connecticut Insurance Law Journal
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Connecticut Insurance Law Journal
No abstract provided.
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Cornell Law Faculty Publications
No abstract provided.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Connecticut Insurance Law Journal
No abstract provided.
From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas
From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas
Connecticut Insurance Law Journal
No abstract provided.
The Viatical Settlement Industry: The Regulatory Scheme And Its Implications For The Future Of The Industry, Ffiona M. Jones
The Viatical Settlement Industry: The Regulatory Scheme And Its Implications For The Future Of The Industry, Ffiona M. Jones
Connecticut Insurance Law Journal
No abstract provided.
Insurance And The Utopian Idea, Carol Weisbrod
Insurance And The Utopian Idea, Carol Weisbrod
Connecticut Insurance Law Journal
No abstract provided.
The Value Of Life In Legal Contexts: Survey And Critique, W. Kip Viscusi
The Value Of Life In Legal Contexts: Survey And Critique, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Value of life issues traditionally pertain to insurance of the losses of accident victims, for which replacement of the economic loss is often an appropriate concept. Deterrence measures of the value of life focus on risk-money tradeoffs involving small changes in risk. Using market data for risky jobs and product risk contexts often yields substantial estimates of the value of life in the range of $3 million to $9 million. These estimates are useful in providing guidance for regulatory policy and assessments of liability. However, use of these values to determine compensation, known as hedonic damages, leads to excessive insurance.
Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono
Unraveling The Lining Of Erisa Health Insurer Pockets-A Vote For National Federal Common Law Adoption Of The Make Whole Doctrine, David M. Kono
BYU Law Review
No abstract provided.
Department Of Insurance, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, J. D. Fellmeth
Department Of Insurance, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Insurance Contracts And Judicial Decisions Over Whether Insurers Must Defend Insureds That Violate Constitutional And Civil Rights: An Historical And Empirical Review Of Federal And State Court Declaratory Judgments 1900-2000, Willy E. Rice
Faculty Articles
Empirical findings suggest that extralegal factors, such as geographic location, ethnicity, gender, disability, perceived sexual orientation, and age of third-party victims, influence judicial decisions as to whether liability carriers must defend or reimburse the costs of defending various lawsuits. After the introduction, Part II of this article presents a brief discussion of state and federal declaratory judgment statutes and of the public policy behind liability and indemnification insurance contracts. Part III examines the origin and scope of insurers’ duty to defend, duty to pay legal expenses, and duty to reimburse litigation costs when third-party victims sue policyholders. Part IV argues …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts
Pennsylvania's Reasonable Expectations Doctrine: The Third Circuit's Perspective, Thomas J. Rueter, Joshua H. Roberts
Villanova Law Review (1956 - )
No abstract provided.
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
Faculty Publications
This Article examines the theoretical justification for the insurer's asserted right to reimbursement of defense costs incurred in defending noncovered claims. Part I sketches some details about the duty to defend which are necessary prerequisites to exploring any claim to a right of reimbursement. Part II discusses the rationale offered by most courts and commentators for recognizing the right to reimbursement: under the law of restitution, the insurer who defends a noncovered claim bestows a benefit on the policyholder which, in justice, ought to be returned. This Part concludes that a reasoned argument can be made in support of the …
., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson
., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson
Faculty Articles and Papers
In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot "leave home without it." This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court's subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary …
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Insurance: How It Matters As Psychological Fact And Political Metaphor, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Insurance-Weight Of Evidence-Construction Of Policy-Proximate Cause
Indiana Law Journal
No abstract provided.
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
The Insurer's Right To Reimbursement Of Defense Costs, Robert H. Jerry Ii
UF Law Faculty Publications
This article examines the theoretical justification for the insurer's asserted right to reimbursement of defense costs incurred in defending noncovered claims. It sketches some details about the duty to defend which are necessary prerequisites to exploring any claim to a right of reimbursement. It discusses the rationale offered by most courts and commentators for recognizing the right to reimbursement: under the law of restitution, the insurer who defends a noncovered claim bestows a benefit on the policyholder which, in justice, ought to be returned. The article offers an alternative justification; it explains that the insurer's right should be analyzed in …
Insurance And The Utopian Idea, Carol Weisbrod
Insurance And The Utopian Idea, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Avoiding The Intentional Acts Exclusion In Casualty Insurance, Greg Munro
Avoiding The Intentional Acts Exclusion In Casualty Insurance, Greg Munro
Faculty Journal Articles & Other Writings
This article examines public policy that forbids the use of insurance to indemnify willful wrongdoing by an insured. The article notes that this policy against insuring the intentional wrongdoer is expressed in casualty insurance policies in which the basic insuring agreements restrict coverage to an "occurrence" which is defined in the policies as an "accident." The article discusses the importance of knowing how to plead and develop the facts so that the claim comes within the coverage of an "occurrence" so as to avoid the intentional acts exclusion of the policy.
Development And Status Of Insurance Bad Faith In Montana, Greg Munro
Development And Status Of Insurance Bad Faith In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article outlines the development of the tort of bad faith as it applies to insurance in Montana ending with particular attention to the issue of the existence now of bad faith tort outside the Unfair Claim Settlement Practices Act. The article concludes that the tort of insurance bad faith and the attendant potential for punitive damages are potent weapons in the fight to make insurance companies honor their promises and duties to claimants and insureds.
Securing Insurance Coverage Of Medical Expense And Avoiding Subrogation, Greg Munro
Securing Insurance Coverage Of Medical Expense And Avoiding Subrogation, Greg Munro
Faculty Journal Articles & Other Writings
This article explores some of the law that will control issues encountered in pursuing payment of medical expenses under insurance policies and programs. The article concludes that attorneys must analyze the situation in light of statutes and case law and utilize useful techniques for avoiding the insurer's subrogation, offsets and limitations when making claims to secure payment of medical expenses.
The "Household" Or "Family" Exclusion In Auto Policies, Greg Munro
The "Household" Or "Family" Exclusion In Auto Policies, Greg Munro
Faculty Journal Articles & Other Writings
This article examines the household or family exclusion in casualty policies and how the Montana Supreme Court has responded to challenges to the exclusion. The article concludes that if attorneys adequately prepare the challenge, the courts in Montana will scrutinize the exclusion carefully.
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.