Insurance Law Commons^™

Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds’ Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts’ Declaratory Judgments—1900–1997, Willy E. Rice

Faculty Articles

Each year in America, an estimated $200 billion is spent purchasing third-party liability insurance. Fairly recent findings reveal that although some carriers try to settle third-party claims, an unacceptable number of liability companies simply refuse to settle or defend third-party suits. Each year, thousands of consumers and insurers petition state and federal courts for declaratory relief. The simple question asked in these cases is: do liability insurers have a duty to defend policyholders when third-party complainants only allege that insureds committed immoral or intentional acts?

Plaintiffs’ lawyers, defense counsels, state and federal judges, and state legislators and insurance commissioners should …

Symposium Introduction, Peter N. Swisher

Law Faculty Publications

This Symposium addresses a number of the serious questions and issues involving the insurance law doctrine of reasonable expectations after three decades. We are fortunate to have ten excellent symposium articles analyzing the doctrine of reasonable expectations from various perspectives, written by seven academic lawyers, two prominent insurance law practitioners, and an eminent jurist.

Insurance, Ralph F. Simpson

Mercer Law Review

The volume of cases that reached the appellate courts of Georgia during this survey period was greater than last year. The courts decided slightly over fifty cases this year that dealt with insurance issues. Most of these cases originated from the trial courts on declaratory judgment actions. Indeed, over twenty of the cases reviewed in this Article are declaratory judgment actions. The current trend seems to be for the insurer to file a declaratory judgment action to determine coverage issues while attempting to stay the case on the merits that gave rise to those issues. The reason for this is …

Legal Malpractice Insurance And Loss Prevention: A Comparative Analysis Of Economic Institutions, George M. Cohen

Connecticut Insurance Law Journal

No abstract provided.

Applying The Fundamentals Of Lawyers’ Ethics To Insurance Defense Practice, Stephen L. Pepper

Connecticut Insurance Law Journal

No abstract provided.

Insurance Defense Ethics And The Liability Insurance Bargain, William T. Barker

Connecticut Insurance Law Journal

No abstract provided.

Flat Fees And Staff Attorneys: Unnecessary Casualties In The Continuing Battle Over The Law Governing Insurance Defense Lawyers, Charles Silver

Connecticut Insurance Law Journal

No abstract provided.

"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith

University of Michigan Journal of Law Reform

A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …

Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas

University of Arkansas at Little Rock Law Review

No abstract provided.

Liability Insurance Conflicts And Defense Lawyers: From Triangles To Tetrahedrons, Tom Baker

Connecticut Insurance Law Journal

No abstract provided.

Recent Case Developments, Jeffrey W. Stempel

Connecticut Insurance Law Journal

No abstract provided.

Symposium Transcripts, Peter Sexton, Pter Nolin, David Hyman, John Tener

Connecticut Insurance Law Journal

No abstract provided.

Professional Responsibility, Legal Malpractice, And The Eternal Triangle: Will Lawyers Or Insurers Call The Shots?, David A. Hyman

Connecticut Insurance Law Journal

No abstract provided.

From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas

Connecticut Insurance Law Journal

No abstract provided.

Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii

Connecticut Insurance Law Journal

No abstract provided.

What Professional Responsibility Scholars Should Know About Insurance, Kent D. Syevrud

Connecticut Insurance Law Journal

No abstract provided.

What Insurance Scholars Should Know About Professional Responsibility, Thomas D. Morgan

Connecticut Insurance Law Journal

No abstract provided.

Afterword: Taking Professional Risks, Robert E. Keeton

Connecticut Insurance Law Journal

No abstract provided.

The Ethical Duties Of Insurance Defense Lawyers: Are Special Solutions Required?, Nancy J. Moore

Connecticut Insurance Law Journal

No abstract provided.

Voidable Preferences And Proceeds: A Reconceptualization, David G. Carlson

Articles

The article examines the complexities surrounding voidable preferences and proceeds in bankruptcy law, particularly when a secured creditor holds a floating lien on a debtor's assets. It argues that payments made by the debtor to unsecured creditors using encumbered funds can be recovered by the bankruptcy trustee as voidable preferences, provided the creditor cannot trace the funds back to their trust property. The analysis critiques existing case law and proposes that the voidable preference right is never part of the debtor's estate, instead being held by the trustee. The article also challenges the notion that good faith purchasers should retain …

Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir

Washington and Lee Law Review

No abstract provided.

Russia, Joel H. Samuels

Articles

No abstract provided.

Introduction: Three Contributions To Three Important Problems In Evidence Scholarship, Peter Tillers

Cardozo Law Review

This issue of the Cardozo Law Review is graced with original contributions about three fundamental problems in evidence scholarship and the law of evidence. First, in an exchange of views about legal remedies for the wrongful infliction of "evidential damage," Professors Ariel Porat and Alex Stein, on the one hand, and Professor Richard Friedman, on the other, touch on some of the difficulties that are associated with the nearly oxymoronic task of measuring the harm done by the destruction or loss of unknown evidence. Second, in an article about the relationship between estimation of drug quantities and burdens of proof, …

Liability Insurance For Businesses, Oregon Law Institute, Diane L. Polscer, Marianne M. Ghim, Jeffrey V. Hill, James T. Mcdermott, Norma S. Poitras, Paula A. Barran, Thomas A. Gordon, Marianne M. Ghim, Dianne K. Dailey, Linda M. Bolduan, William G. Earle, Angela M. Stewart, Austin W. Crowe Jr., William A. Barton

Oregon Law Institute, 1997

Course Materials from the June 6, 1997 Program in Portland

Substantially Prevailed Damages: Fee Shifting In West Virginia Insurance Law, Richard L. Costella

West Virginia Law Review

No abstract provided.

Tobacco Related Litigation: How It May Impact The World’S Insurance Industry, Mitchell L. Lathrop

Connecticut Insurance Law Journal

No abstract provided.

When Worlds Collide: The Intersection Of Insurance And Motion Pictures, Elizabeth O. Hubbart

Connecticut Insurance Law Journal

No abstract provided.

Emphasizing Conduct Over Context And Market Definition Over Market Power: Short-Term Strategic Anticompetitive Behavior Observed In Blue Cross V. Marshfield Clinic, Robert F. Goff

Connecticut Insurance Law Journal

No abstract provided.

Software Tort: Evaluating Software Harm By Duty Of Function And Form, Donald R. Ballman

Connecticut Insurance Law Journal

No abstract provided.

Redefining The Insurer's Duty To Defend, Susan Randall

Connecticut Insurance Law Journal

No abstract provided.