Insurance Law Commons^™

Insurance Law, Michael M. Marick, Michael G. Mahoney

Loyola University Chicago Law Journal

No abstract provided.

Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass

Law Faculty Publications

This article begins with a brief introduction to Virginia's uninsured motorist statute. The article then addresses the stacking of uninsured and underinsured motorist coverage and the problem of multiple tortfeasors. It also addresses the priority among insurers, where several uninsured motorist insurance carriers may be held liable for a single injury. The article closes with a summary of the most recent legislative and judicial pronouncements on the subject. A review of Virginia cases demonstrates that the result in almost any stacking problem is best determined by reference to a very simple rule: Read the Statute and Read the Policy!

The Impact Of Berne On United States Copyright Law, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Environmental Liens And Title Insurance, Robert S. Bozarth

University of Richmond Law Review

Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.

Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass, Francis E. Telegadas

University of Richmond Law Review

Often, the first question asked by a plaintiff's attorney in evaluating a serious automobile accident case is, "How much insurance coverage is available?" That same question can pose perplexing issues for defense attorneys or insurance counsel in assessing a client's exposure to liability. In Virginia, these questions often re- quire the attorney to consider the application of Virginia's Uninsured Motorist statutes and the import of "stacking" of coverage.

Review Of "No Fault Automobile Accident Law" By Josephine Y. King, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Myth Of The Liability Insurance Claims Explosion: An Empirical Rebuttal, David J. Nye, Donald G. Gifford

Vanderbilt Law Review

A perceived crisis in the nation's liability insurance system erupted in 1986. Some businesses saw their insurance premiums double in a period of two years, and others found the coverages they required to-tally unavailable. While trial lawyers and consumer groups asserted that insurance company investment and pricing practices, as well as huge profits, had caused the crisis, others alleged that an increased"claims consciousness" among the American public had spawned the liability insurance affordability and availability problems. Richard Berman, a national representative of the United States Chamber of Commerce, proclaimed that the judicial system had "gone berserk" and that litigation was …

Department Of Insurance, M. Jackman

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, S. Kalemkiarian

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, S. Kalemkiarian

California Regulatory Law Reporter

No abstract provided.

Ix. Insurance Law

Washington and Lee Law Review

No abstract provided.

Insurance Law, Barry L. Kroll, John M. Edwards

Loyola University Chicago Law Journal

No abstract provided.

Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer

Seattle University Law Review

This Note focuses on the current state of occupational disease coverage under the workers' compensation system in Washington, and will review the legislative history, the administrative interpretation, and the judicial development of the occupational disease law. Further, after setting forth the broad policy goals behind the Industrial Insurance Act and outlining Washington's occupational disease statute, this Note will conclude with a discussion of the supreme court's analytical framework for a fair, workable, and uniform method for adjudicating occupational disease claims in Washington.

Comparing Comparative Negligence: Is There A Difference Between The Pure And Modified Forms, 22 J. Marshall L. Rev. 243 (1988), Bruce L. Ottley

UIC Law Review

No abstract provided.

Consumer Protection - The Unfair Trade Practices Act And The Insurance Code: Does Per Se Necessarily Preempt? - Pearce V. American Defender Life Insurance Co., Cindy C. Heenan

Campbell Law Review

This Note will address two main issues. The first issue is whether a violation of the Insurance Code regulatory section entitled "Unfair Trade Practices" should be a per se unfair trade practice under the UTPA. The second is whether the Insurance Code preempts the UTPA in defining unfair insurance practices.

Insurer's Duty To Defend In Maryland, Andrew Janquitto

University of Baltimore Law Review

No abstract provided.

Benefits Of Retirees: Negotiations And The Duty Of Fair Representation, 21 J. Marshall L. Rev. 513 (1988), Robert S. Bates Jr.

UIC Law Review

No abstract provided.

Lack Of Judicial Review Of Veterans' Administration Disability Claims: Is The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act The Answer, 21 J. Marshall L. Rev. 673 (1988), Michael A. Babiarz

UIC Law Review

No abstract provided.

The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph

Seattle University Law Review

The thesis of the Article is that the expansion of tort liability based on strict liability or enterprise liability without regard to the proper measurement of damages in such cases is at the root of the insurance crisis rather than the awarding of excessive damages in ordinary fault cases. Stated another way, the expansion of tort liability was based upon the appropriateness of internalizing the cost of economic activity by spreading the risk among the beneficiaries of such activity, but the damages were measured under full compensation theories rather than a more appropriate insurance approach. This divergence between basing liability …

Department Of Insurance, S. Kalemkiarian

California Regulatory Law Reporter

No abstract provided.

A Crisis In Insurance, Benjamin Lipson

New England Journal of Public Policy

As the life and health insurance industry evaluates its long-term financial goals, the cloud of Black Monday — October 19, 1987, the day the stock market collapsed — blurs its cherished investment income projections. With investment portfolios under siege, mutual life insurance companies and stock companies alike are wary of making policy-pricing miscalculations that could prove to be disastrous. As if that weren't enough, one single disease — acquired immunodeficiency syndrome — looms as the most serious threat to life and health insurers for the remainder of this century. The spread of the new disease has caused insurers to adjust …

The "Set Up" Defense And The Comparative Fault Defense: New Wrinkles In Bad Faith Claims Against Insurers

Washington and Lee Law Review

No abstract provided.

Accountable Accountants: Is Third-Party Liability Necessary?, Victor P. Goldberg

Faculty Scholarship

Should accountants be liable to third parties if they conduct an audit in negligent manner? A half century ago, in Ultramares Corporation v. Touche, Niven & Co., Cardozo argued that they should not, unless their performance could be characterized as fraud. In recent years, courts in a minority of jurisdictions have concluded that Cardozo's argument is no longer compelling and they have found that "foreseeable" third parties could bring a tort action for ordinary negligence against the accountants. In addition to being subject to tort actions, accountants may also be liable under federal and state securities laws.

Suits against …

Retroactive Protection Of Visual Arts Published Without A Copyright Notice: A Proposal, Martin Bressler, Robert L. Seigel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reflections On The Meaning Of Life: An Analysis Of Section 7702 And The Taxation Of Cash Value Life Insurance, Andrew Pike

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Other Insurance Crisis: Bad Faith Refusal To Pay First-Party Benefits, Michael Keith Green

Florida State University Law Review

No abstract provided.

Personal Injuries In Canadian Motor Vehicle Insurance Policies And The Conflict Of Laws: An Introductory Foray, Alastair Bissett-Johnson

Dalhousie Law Journal

At one time the personal injuries aspects of a motor vehicle insurance policy were relatively simple. The insurer agreed to meet the cost of personal injuries caused to a third party by the fault of the insured. These are normally referred to as Section A benefits. In time, however, the coverage of the policy could be increased by the payment of additional sums so as to permit: i) the insured persons to recover against their own insurer for injuries or loss caused by an uninsured or under-insured driver in circumstances in which liability existed at common law; ii) recovery by …

Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal For Resolving The Medical Malpractice Insurance Controversy, Larry M. Pollack

University of Michigan Journal of Law Reform

Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general, the tort system's primary responsibility should be compensation, rather than deterrence of risk taking. In so far as the production of goods and services causes injury, such losses should be shared and spread as widely and proportionately as possible. Part II discusses the history and nature of the medical malpractice insurance crisis. Part III evaluates the numerous systemic solutions suggested by various commentators. Finally, Part IV proposes a new solution: first party, no-fault medical maloccurrence insurance (MMI).

Department Of Insurance, B. Ruebsamen

California Regulatory Law Reporter

No abstract provided.

Vii. Insurance Law

Washington and Lee Law Review

No abstract provided.