Insurance Law Commons^™

Department Of Insurance, B. Ruebsamen

California Regulatory Law Reporter

No abstract provided.

Insurance, Patricia A. Morrison

West Virginia Law Review

No abstract provided.

Insurance Law: Public Policy Permits Insuring Against One's Own Intentional Acts Of Discrimination, Daniel B. Yeager

Faculty Scholarship

No abstract provided.

Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington

Villanova Law Review (1956 - )

No abstract provided.

The Illinois Legislature's Attempt To Resolve The Insurance Crisis: Too Much Tort Reform And Too Little Insurance Regulation, 21 J. Marshall L. Rev. 159 (1987), Francis J. Bongiovanni

UIC Law Review

No abstract provided.

The Liability Crisis - A Perspective, Sean F. Mooney

Villanova Law Review (1956 - )

No abstract provided.

Tank V. State Farm: Conducting A Reservation Of Rights Defense In Washington, Matthew L. Sweeney

Seattle University Law Review

The key to properly conducting a reservation of rights defense is understanding the interrelationship between insurer, policyholder, and defense counsel. In <em>Tank v. State Farm Fire & Casualty Co.</em>, the Washington Supreme Court addressed the rights and duties of the insurer and defense counsel conducting a reservation of rights defense.

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …

First Party Bad Faith In Kentucky: What Remains After Federal Kemper Insurance Co. V. Hornback?, Garry A. Perry

Kentucky Law Journal

No abstract provided.

The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson

Faculty Scholarship

Legislative tort reform proposals have attempted to restore what is perceived to be an imbalance in the tort-litigation system by limiting tort recoveries. One of the motivating factors behind tort reform proposals is a concern that tort law has deviated from a fault-based system of liability. It is this concern over the structure of the fault system in Minnesota that is the subject of this Article. This Article examines Minnesota Supreme Court opinions of the 20th Century to determine whether the court's decisions deviated from a fault-based system of liability. The focus is on change, accepted and rejected. The purpose …

Insurance In The People's Republic Of China: Laws And Practice, Henry R. Zheng

Vanderbilt Journal of Transnational Law

The insurance industry in the People's Republic of China (PRC) has expanded rapidly during the past several years. Since the end of 1979 when domestic insurance was reestablished, the income generated from insurance business has been increasing at a rate of over forty-four percent annually.' By early 1987, over 500,000 enterprises and business entities utilized property insurance and about 34 million people purchased personal insurance; during the first half of 1986 the total insurance earnings from the People's Insurance Company of China alone reached a record high of over 2.33 billion yuan. In the meantime, the insurance business has become …

Medical Payment Coverage Within Liability Insurance Policies

Washington and Lee Law Review

No abstract provided.

Discoverability Of An Insured's Post-Accident Statement To Insurer In Washington—Heidebrink V. Moriwaki, 104 Wn. 2d 392, 706 P.2d 212 (1985), Ronald S. Dinning

Washington Law Review

Courts have struggled, under both a privilege theory and pure work product doctrine analysis, with the difficulties of reconciling a broad discovery policy with the needs of an insured for confidentiality. Facing this difficulty, the Heidebrink court blurred the distinctions between privilege and work product immunity, potentially impeding the application of either. The Heidebrink court could have focused on the events triggering the insurance investigation, rather than on the insured-insurer relationship. This focus would provide meaningful guidance to lower courts, and would avoid undesirable consequences stemming from integration of privilege considerations with work product analysis.

The Determinants Of The Disposition Of Product Liability Claims And Compensation For Bodily Injury, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The frequency and severity of products liability lawsuits have become a matter of increasing importance and concern to the public at large and to American business in particular. The number of product liability cases filed each year escalated dramatically in the 1970s both in absolute terms and as a fraction of all civil cases.' The economic incentives for safety created by these product liability claims no longer are a minor concern but are now a fundamental influence on the economic environment of the firm. In recent years many larger firms have established corporate product safety offices to integrate these product …

Fishermen's Personal Injuries: A New Look At The Fishing Industry's Insurance Crisis, Frederic M. Fairfield

Marine Affairs Theses and Major Papers

Increasing cost and shrinking availability of marine insurance have resulted in serious problems for broad sectors of the nation's commercial fishing fleet. Sharp reductions in the availability of Protection and Indemnity coverage have idled vessels nationwide regardless of individual safety records. The causes of the current problem are varied and numerous, with significant roles played by the fishing industry, the regulatory framework, the insurance industry, and the legal remedies involved. Ultimately, the solution will require both a reduction in the frequency of fishermen's injuries and modifications to the present compensation system, reducing insurance costs while security equitable compensation for the …

Insurance Law, Edward J. Zulkey, Steven M. Bauer

Loyola University Chicago Law Journal

No abstract provided.

Remedying Insurers' Bad Faith Contract Performance: A Reassessment, Robert H. Jerry Ii

Faculty Publications

This article examines the implications of the differing remedies provided by tort and contract law. Part I describes the traditional major duties owed by an insurer to an insured and outlines the remedies currently provided in most jurisdictions for the breach of these duties. Part II gives special attention to the insurer's implied duty of good faith and fair dealing; it reviews the historical origins of the duty and describes the alternative ways to categorize it. Part III argues that the duty of good faith and fair dealing should be treated as a contract duty, but that courts should administer …

The Economics Of Insurance Classification: The Sound Of One Invisible Hand Clapping, Leah Wortham

Scholarly Articles

In an earlier article, I questioned the fairness of the status quo in insurance classification and its regulation and challenged the claim of insurers and most regulators that classification is a neutral, scientific process based on statistical differences. I also disputed the contention that refined classifications are encouraged or required by state law.

Here I turn to the validity of economic analyses of refined classification for the personal lines of insurance generally purchased by individuals: automobile, homeowner's, renter's, health, life, and disability insurance. My conclusions differ from much of what has appeared recently in writings on classification in law reviews …

Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff

Seattle University Law Review

In 1984, a Florida court of appeals held that the Florida statutes prohibiting insurance agents from rebating part of their commissions to customers violated the due process clause of the Florida Constitution. The court concluded that no rational relationship exists between the anti-rebate statutes and the legitimate state purpose of protecting the public. The Florida decision is noteworthy because every state prohibits insurance agents and brokers from rebating to their customers a part of the commission earned from the sale of an insurance policy. In addition, every state prohibits unfair discrimination in pricing insurance policies and prohibits agreements between agents …

Insurance Classification: Too Important To Be Left To The Actuaries, Leah Wortham

University of Michigan Journal of Law Reform

This Article classifies most of the public debate about classification as coming from one of two perspectives labeled traditional fair discrimination and antidiscrimination. Proponents of the status quo in classification and its regulation justify that status quo as fair discrimination. They argue that fair discrimination is both desirable and a reflection of a long-standing public policy judgment embodied in state law.

Insurance Classification: Too Important To Be Left To The Actuaries, Leah Wortham

Scholarly Articles

This Article classifies most of the public debate about classification as coming from one of two perspectives labeled traditional fair discrimination and antidiscrimination. Proponents of the status quo in classification and its regulation justify that status quo as fair discrimination. They argue that fair discrimination is both desirable and a reflection of a long-standing public policy judgment embodied in state law. Part I finds the assertion that fair discrimination is fair wanting in theory and even more deficient in practice, and rejects the contention that state law reflects a requirement or even a judgment about the wisdom of this approach. …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

RELIGIOUS ORGANIZATIONS AND MEMBERS OF CLERGY OF VARIOUS DENOMINATIONS LACK STANDING TO CHALLENGE ADOPTION AND IMPLEMENTATION OF DIPLOMATIC RELATIONS WITH THE VATICAN

--Americans United for Separation of Church and State v. Reagan, 786 F.2d 194 (3d Cir.1986)

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EVEN THOUGH PROCEEDINGS IN THE FOREIGN FORUM MAY TAKE MORE TIME AND MAY YIELD A SMALLER RECOVERY THAN PROCEEDING IN THE UNITED STATES FORUM, THE FOREIGN FORUM MAY BE CONSIDERED AN ADEQUATE FORUM FOR THE PURPOSES OF THE FORRUM NON CONVENIENS DOCTRINE

--De Melo v. Lederle Laboratories, 801 F.2d 1058 (8th Cir. 1986)

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ASSERTION OF PERSONAL JURISDICTION IN CALIFORNIA OVER AN …

Case Digest, Law Review Stafrf

Vanderbilt Journal of Transnational Law

Pursuant to the United States-France Estate Tax Treaty, the estate of a United States citizen who was domiciled in France is liable to the United States for taxes on real property located in France at rates effective when the citizen died provided the estate receives credit for the estate taxes paid to France

Norstar Bank of Upstate New York v. United States,644 F. Supp. 1112 (N.D.N.Y. 1986).

Political Question

Doctrine bars judicial consideration of claims that the United States mines placed in the Nicaraguan harbor of Corinto damaged a Norwegian ship. Krig-sforsikring for Skib, gjensidingforening (The Norwegian War Risk Insurance …

Are Individuals Bayesian Decision Makers?, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

There has been increasing interest in whether normative models of individual choice under uncertainty accord with actual behavior. These concerns have been much greater than in other economic contexts because of the particularly severe demands such decisions place on the rationality of the decision maker. The limitations of these decisions have widespread consequences, as they provide the rationale for many governmental efforts to regulate the risks people face. Here I explore the issues raised by a Bayesian decision framework, focusing particularly on my analyses of worker and consumer behavior.

Bad Faith In First Party Insurance Contracts—What's Next, Paula J. Casey

University of Arkansas at Little Rock Law Review

No abstract provided.

Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield

Faculty Publications

This Article contends that gender is an impermissible basis for calculating insurance premiums and payments. Although this Article agrees with the arguments of those who share this view, it offers a different justification for eliminating gender discrimination in insurance. Part I of this Article briefly reviews the status of existing restrictions on gender discrimination in insurance. Part II examines the issues involved in gender-based insurance rating from the perspective of both insurers and advocates of individual equality. Part III presents a new justification for unisex insurance.

Confronting Deep Strictures: Robinson, Rickey, And Racism, Aviam Soifer

Cardozo Law Review

A strange and wonderful major league event in 1947 altered baseball and, perhaps, the consciousness of America. Viewed from a Critical Legal Studies perspective, however, that event-the integration of the National League by Jackie Robinson-is both more and less significant than it might otherwise seem. In this essay, Professor Soifer explains why.

Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.

Application Of The Antitrust Laws To The Activities Of Insurance Companies: Heavier Risks, Expanded Coverage, And Greater Liability, Joseph P. Bauer, Earl W. Kintner, Michael J. Allen

Journal Articles

Since 1945 Congress has exempted certain activities of insurance companies from federal antitrust scrutiny. This exemption, provided by the McCarran-Ferguson Act, is not unqualified; it only applies to insurance company activities that constitute the "business of insurance" and that already are regulated under state law. Moreover, the exemption does not apply to activities that involve boycotts, coercion, or intimidation. The purpose of this exemption was to preserve the long tradition of state regulation of insurance, while providing federal remedies for coercive anticompetitive activities. The authors examine recent Supreme Court interpretations of the Act in light of this legislative policy and …

Miller V. Commissioner: Deductibility Of Casualty Losses After Voluntary Election Not To File An Insurance Claim, Stephen J. Dunn, Robert H. Kurnick, Matthew J. Barrett

Journal Articles

Taxpayers who suffer casualty losses may decide, for a variety of reasons, not to file an insurance claim for recovery of those losses. Section 165 of the Internal Revenue Code of 1954 allows a deduction for “any loss sustained during the taxable year and not compensated for by insurance or otherwise.”' Consequently, the question arises whether a taxpayer may claim a casualty loss deduction even though the taxpayer did not seek insurance reimbursement for the loss. In Miller v. Commissioner, the United States Court of Appeals for the Sixth Circuit, in a 6-5 en banc decision, expressly overruled its previous …