Insurance Law Commons^™

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.

Insurance Coverage For Wrongful Employment Practices, Douglas R. Richmond

Oklahoma Law Review

No abstract provided.

The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos

UIC Law Review

No abstract provided.

Beating The Grim Reaper, Or Just Confusing Him - Examining The Harmful Effects Of Viatical Settlement Regulation, 27 J. Marshall L. Rev. 581 (1994), Jennifer Berner

UIC Law Review

No abstract provided.

The Medicaid Cost Crisis: Are There Solutions To The Financial Problems Facing Middle-Class Americans Who Require Long-Term Health Care, Kenneth Hubbard

Cleveland State Law Review

Medicaid was originally designed as a welfare program to provide healthcare to the poor. Despite the initial intentions of Congress, Medicaid has instead become "a multi-billion-dollar insurance policy" for elderly middle-class Americans who require long-term health care. The Medicaid crisis has been described as "a battle between elderly people's desire for long-term care coverage and their concomitant reluctance to pay for it themselves." This battle is waged between the older and younger generations, commencing when the younger generation observes that their inheritance is growing smaller or disappearing altogether due to the immense cost of their parents' long-term health care.

Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr.

University of Richmond Law Review

The Supreme Court of Virginia has recently decided several significant cases in the insurance realm. The court has been most active, at least in number of cases, in the field of uninsured [UM] and underinsured motorist [UIM] coverages, followed closely by decisions affecting automobile liability insurance policies. Although no clearly discernable trend appears to have been established by the court's insurance decisions in the past year, several observations may be made of the cases, as well as the court's general philosophy of judicial interpretation of insurance policies. "An insurance policy is a contract; therefore, we give the words used in …

The Savings And Loan Debacle Of The 1980s: White-Collar Crime Or Risky Business, William K. Black, Calavita Kitty, Pontell N. Henry

Faculty Works

This paper examines the role of white-collar crime in the savings and loan crisis. Noting economists' assertions that crime was only a minor ingredient in the crisis, we compare the explanatory power of this "minimal fraud" model to that of its "material fraud" alternative. Bringing together evidence from every major study of thrifts in the 1980s, we argue that only the material fraud hypothesis can make sense of these data. This study demonstrates the utility of deductive reasoning in distinguishing between white-collar crime and ordinary business transactions, thereby potentially contributing to prosecutorial efforts, and helping resolve long-standing methodological dilemmas confront­ing …

Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse

Maryland Law Review

No abstract provided.

Morton International V. General Accident Insurance Co.: The New Jersey Supreme Court Defines The Scope Of The Qualified Pollution Exclusion Clause In Comprehensive General Liability Policies, Jennifer Goodman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Underinsured Motorist Coverage: North Carolina's Multiple Claimant Wrinkle - Ray V. Atlantic Casualty Insurance Co., Paul J. Osowski

Campbell Law Review

This Note traces the development of UIM coverage in North Carolina by examining the statutory and judicial history preceding Ray v. Atlantic Casualty Insurance Co. This Note then analyzes the rationale behind the court's holding in Ray and compares the decision to cases on point in other jurisdictions. Next, this Note examines the holdings in Ray and Harris v. Nationwide Mutual Insurance Co. in light of the legislative purpose behind the Motor Vehicle Safety and Financial Responsibility Act. And finally, this Note addresses the ramifications of Ray, including the effect of the decision and any remaining questions.

Gift Or Loan Of State Money

Touro Law Review

No abstract provided.

The Entitlement Exclusion In The Personal Auto Policy: The Road To Reducing Litigation In Permissive Use Cases Or A Dead End?, Darla L. Keen

Kentucky Law Journal

No abstract provided.

Insurance, Maximilian A. Pock

Mercer Law Review

The current survey year has again yielded a rich harvest of insurance cases. Georgia appellate courts have handed down more than ninety decisions. Several are cases of first impression in Georgia, while many others have applied or adapted traditional doctrine to a novel factual matrix. These cases merit exegesis and discussion in varying degrees of specificity. Although arising in an insurance integument, the remaining cases concern general substantive law, narrow administrative or technical questions, or pervasive evidentiary and procedural issues. They are better discussed under another title or heading.

Perhaps one impressionistic and general observation is in order. The new …

Department Of Insurance, R. Ford, K. Schorr, G. Trude, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

The Health Security Act: Coercion And Distrust For The Market, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Review Of: Making Decisions About Liability And Insurance (Colin Camerer & Howard Kunreuther Eds.), Joseph M. Carreiro Jr.

RISK: Health, Safety & Environment (1990-2002)

Review of: Making Decisions about Liability and Insurance (Colin Camerer & Howard Kunreuther eds., Kluwer Academic Publishers 1993). Figures, index, notes, tables. ISBN 0-7923-9393-7 [139 pp. Cloth $89.95. 101 Phillip Drive, Assinippi Park, Norwell MA 02061.1

Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born

Vanderbilt Law School Faculty Publications

The stabilization of the insurance market may lead to lower prices for products and for medical care, but will also generally lead to lower values of tort awards as well. If the social objective was simply to reduce losses, then that objective could be achieved by abolishing tort liability altogether. Our societal concerns are clearly much broader. In the absence of a more detailed assessment of the desirability of the reforms and their effect on injured parties, it would be premature to conclude that reform efforts that were successful in enhancing insurance market profitability should be judged a success from …

Triggering Coverage Of Progressive Property Loss: Preserving The Distinctions Between First- And Third-Party Insurance Policies, Chandra Lantz

William & Mary Law Review

No abstract provided.

Insurance—Subrogation—A Subrogation Clause In A Health Insurance Policy Is Enforceable Even Though The Insured Has Not Been Made Whole. Higginbotham V. Ark. Blue Cross & Blue Shield, 312 Ark. 199 (1993)., Paul R. Thomson Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

The Insurance Fallout Following Hurricane Andrew: Whether Insurance Companies Are Legally Obligated To Pay For Building Code Upgrades Despite The "Ordinance Or Law" Exclusion Contained In Most Homeowners Policies, Hugh L. Wood Jr.

University of Miami Law Review

No abstract provided.

The Environmental Liability Fund Under The Hamburg Model-A False Step Towards Flexibilization Of Environmental Law?, Karl-Heinz Ladeur

Cardozo Journal of International and Comparative Law

The article critiques the traditional first-order (individual) and second-order (collective) liability systems for environmental harm, arguing that both fail to adapt to the complexities and uncertainties of environmental damage. It advocates for a new, knowledge-based liability system that integrates scientific expertise, societal learning, and adaptive decision-making to address these challenges effectively.

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell

Cardozo Law Review

Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …

The Public Policy Exclusion And Insurance For Intentional Employment Discrimination, Sean W. Gallagher

Michigan Law Review

This Note argues that courts choosing to apply the public policy exclusion to insurance for intentional employment discrimination liability should nevertheless permit employers to enforce insurance covering negligent supervision liability and liability imputed to an employer as a result of the intentional discrimination committed by its employees. Part I establishes a framework for understanding the cases in which courts have invoked public policy to refuse enforcement of insurance contracts, arguing that the rationale behind the public policy exclusion is utilitarian and that courts refuse to enforce insurance for liability arising out of intentional wrongdoing on the grounds that such insurance …

The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith

William & Mary Law Review

No abstract provided.

The Good Mother: The Limits Of Reproductive Accountability And Genetic Choice, R. Alta Charo, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein

California Regulatory Law Reporter

No abstract provided.

Triggering An Obligation: Receipt Of An Epa Prp Letter And An Insurer's Duty To Defend, Sidney S. Liebesman

Villanova Environmental Law Journal (1991 - )

No abstract provided.