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Articles 2311 - 2340 of 3228

Full-Text Articles in Insurance Law

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 Jan 1985

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 …

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The Success Of The Word: The Literary Critic As Constitutional Theorist, Daniel J. Kornstein Jan 1985

The Success Of The Word: The Literary Critic As Constitutional Theorist, Daniel J. Kornstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Taxing Personal Insurance: The Case Of Tax Audit Insurance, William D. Popkin Jan 1985

Taxing Personal Insurance: The Case Of Tax Audit Insurance, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

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Kentucky Law Survey: Insurance, Tama Kirby Knapp Jan 1985

Kentucky Law Survey: Insurance, Tama Kirby Knapp

Kentucky Law Journal

No abstract provided.

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Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith Jan 1985

Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith

University of Richmond Law Review

The last major revision of Virginia statutes relating to medical malpractice was in 1976. At that time the General Assembly provided for medical malpractice review panels and mandated a method of reporting medical malpractice claims. These innovations were in response to a perceived medical malpractice crisis in the mid-1970's. A symptom of the crisis was the astronomical rise in the cost of medical malpractice insurance premiums. This increase plagued patients as well as physicians, hospitals, and other health care providers. The higher premiums, of course, were reflected in fees for services rendered by providers. In addition, providers began to practice …

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Insurance Law: Ohio Recognizes Tort Duty Of Good Faith And Fair Dealing Between An Insurer And Its Insured, Colleen M. Hunt Oct 1984

Insurance Law: Ohio Recognizes Tort Duty Of Good Faith And Fair Dealing Between An Insurer And Its Insured, Colleen M. Hunt

University of Dayton Law Review

Hoskins v. Aetna Life Insurance Co., 6 Ohio St. 3d 272, 452 N.E.2d 1315 (1983).

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Vanbibber V. Hartford Accident & Indemnity Insurance Co., 439 So. 2d 880 (Fla. 1983), Brian G. Pincket Jul 1984

Vanbibber V. Hartford Accident & Indemnity Insurance Co., 439 So. 2d 880 (Fla. 1983), Brian G. Pincket

Florida State University Law Review

Insurance/Civil Procedure-STATUTE WHICH PROHIBITS THE JOINDER OF LIABILITY INSURER IN AN ACTION AGAINST ITS INSURED HELD CONSTITUTIONAL

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Autopsy Of A Plain English Insurance Contract: Can Plain English Survive Proximate Cause?—Graham V. Public Employees Mut. Ins. Co., 98 Wn. 2d 533, 656 P.2d 1077 (1983), Lynn B. Squires Jul 1984

Autopsy Of A Plain English Insurance Contract: Can Plain English Survive Proximate Cause?—Graham V. Public Employees Mut. Ins. Co., 98 Wn. 2d 533, 656 P.2d 1077 (1983), Lynn B. Squires

Washington Law Review

This Note first analyzes the majority's introduction of a tort concept of proximate cause for deciding insurance cases-and for covertly making public policy. Second, the Note analyzes the dissent's failure to modify its traditional contract analysis to meet the needs of consumers who purchase standard form contracts. The Note recommends the use of an adhesion contract analysis and a common sense test of causation for deciding consumer insurance cases. The Note considers the insurance industry's dilemma as it attempts to respond to plain language legislation while still controlling its exposure to liability. The Note considers as well the public in …

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Torts—Tort Of Bad Faith In First Party Actions Recognized, Chet Roberts Jul 1984

Torts—Tort Of Bad Faith In First Party Actions Recognized, Chet Roberts

University of Arkansas at Little Rock Law Review

No abstract provided.

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The Distinction Between Accidental Means And Accidental Results In Accidental Death Insurance, John Dwight Ingram, Lynne R. Ostfeld Apr 1984

The Distinction Between Accidental Means And Accidental Results In Accidental Death Insurance, John Dwight Ingram, Lynne R. Ostfeld

Florida State University Law Review

No abstract provided.

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State Insurance Takeover Acts: A Constitutional Analysis After Edgar V. Mite, Christopher Keele Apr 1984

State Insurance Takeover Acts: A Constitutional Analysis After Edgar V. Mite, Christopher Keele

Indiana Law Journal

No abstract provided.

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Insurer's Wrongful Refusal To Settle: A Note On Excess, Seth M. Hemming Jan 1984

Insurer's Wrongful Refusal To Settle: A Note On Excess, Seth M. Hemming

Loyola University Chicago Law Journal

No abstract provided.

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Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram Jan 1984

Conflicts Of Interest In The Insurer's Duty To Defend In Illinois, 17 J. Marshall L. Rev. 379 (1984), John Dwight Ingram

UIC Law Review

No abstract provided.

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The Reconstruction Of Insurance Contracts Under The Doctrine Of Reasonable Expectations, 18 J. Marshall L. Rev. 155 (1984), Scott B. Krider Jan 1984

The Reconstruction Of Insurance Contracts Under The Doctrine Of Reasonable Expectations, 18 J. Marshall L. Rev. 155 (1984), Scott B. Krider

UIC Law Review

No abstract provided.

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Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii Jan 1984

Recent Developments In Kansas Insurance Law: A Survey, Some Analysis, And Some Suggestions, Robert H. Jerry Ii

Faculty Publications

For most of us the "small world" of insurance law, as it reflects and responds to changes in the "larger world," is also becoming increasingly complex. Part I of this article discusses cases involving questions of contract formation and termination; Part II concerns issues involving the performance of obligations arising out of the insurance contract; Part III studies several cases involving the construction and interpretation of contract language; Part IV is devoted solely to automobile insurance issues; finally, Part V discusses a few detached ideas.

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Kentucky Law Survey: Insurance, Richard H. Underwood Jan 1984

Kentucky Law Survey: Insurance, Richard H. Underwood

Law Faculty Scholarly Articles

This Survey will examine recent Kentucky decisions on insurance law issues, and comment on the latest crop of cases relating to the application and construction of the Kentucky Motor Vehicle Reparations Act. In addition, this Survey will discuss proposed unfair claims settlement practices legislation, which is once again generating interest in the Commonwealth.

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Retreat From The Right To Health Care: The President's Commission And Access To Health Care, John D. Arras Jan 1984

Retreat From The Right To Health Care: The President's Commission And Access To Health Care, John D. Arras

Cardozo Law Review

No abstract provided.

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Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert Jan 1984

Erisa Plans As Property Of Individuals' Bankruptcy Estates, Elynn Lambert

Cardozo Law Review

No abstract provided.

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Kentucky Law Survey: Insurance, Richard H. C. Clay Jan 1984

Kentucky Law Survey: Insurance, Richard H. C. Clay

Kentucky Law Journal

No abstract provided.

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The Effect Of A Post-Occurrence Change Of Domicile Upon A Choice Of Law Determining The Validity Of Other-Insurance Clauses In An Accident Policy, Moffatt Hancock Oct 1983

The Effect Of A Post-Occurrence Change Of Domicile Upon A Choice Of Law Determining The Validity Of Other-Insurance Clauses In An Accident Policy, Moffatt Hancock

Dalhousie Law Journal

The state has a legitimate interest in applying a rule of decision to... litigation only if the facts to which the rule will be applied have created effects within the state for which the state's public policy is directed. To assess the sufficiency of asserted contacts between the forum and the litigation, the court must determine if the contacts form a reasonable link between the litigation and a state policy. Mr. Justice Powell' I. Facts of the Hague Case Like many hundreds of his fellow countrymen, Ralph Hague (with his wife Lavinia) made his home in one state, Wisconsin, and …

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Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law Jun 1983

Bad Faith Suits: Are They Applicable To Health Maintenance Organizations, Joanne B. Stern Whittier College School Of Law

West Virginia Law Review

No abstract provided.

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Ix. Insurance Mar 1983

Ix. Insurance

Washington and Lee Law Review

No abstract provided.

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Section 767 Of The Illinois Insurance Code: Does It Pre-Empt Tort Liability, 16 J. Marshall L. Rev. 471 (1983), J. Douglas Durham Jan 1983

Section 767 Of The Illinois Insurance Code: Does It Pre-Empt Tort Liability, 16 J. Marshall L. Rev. 471 (1983), J. Douglas Durham

UIC Law Review

No abstract provided.

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The Validity Of Time Limitations In Accidental Multiple Indemnity Death Provisions Of Life Insurance Policies, Samuel J. Arena Jr. Jan 1983

The Validity Of Time Limitations In Accidental Multiple Indemnity Death Provisions Of Life Insurance Policies, Samuel J. Arena Jr.

Villanova Law Review (1956 - )

No abstract provided.

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Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton Jan 1983

Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton

Seattle University Law Review

This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …

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Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton Jan 1983

Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton

Seattle University Law Review

This note examines Mutual of Enumclaw Insurance Company v. Wiscomb. The note supports the court’s decision to prohibit unbargained for family exclusion clauses, because it furthered the policies exemplified in the Financial Responsibility Law and the Underinsured Motorist Statute and acted consistently with its decision abrogating intrafamily tort immunity. However, the note argues that by suggesting it would uphold truly bargained for family exclusion clauses denying coverage to named insureds, the court ignored its own pronouncement declaring such clauses against this state’s policy of assuring compensation for the protection of innocent victims of negligent motorists.

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Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney Jan 1983

Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney

Seattle University Law Review

This Comment first outlines a few basic insurance concepts and distinguishes employer-provided plans from individually purchased policies. It then examines discrimination criteria and City of Los Angeles, Department of Water and Power v. Manhart's application of Title VII and applies those principles to Supreme Court cases. The Comment also suggests that FIPA be revised to extend its gender-neutral requirements only to employer provided group plans.

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The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr. Jan 1983

The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr.

University of Richmond Law Review

The development of constitutional limitations on choice of law by the United States Supreme Court has turned primarily on the due process clause and the full faith and credit clause of the United States Constitution. In theory at least, each constitutional provision rests upon separate grounds. The full faith and credit clause, as it applies to public acts, would compel a forum state under appropriate circumstances to honor the sovereignty of a foreign state in the federal system and to apply the law of the foreign state whose interests are sufficiently compelling. The due process clause limits the power of …

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First Party Bad Faith: Common Law Remedies And A Proposed Legislative Solution, Kerry B. Harvey, Thomas A. Wiseman Iii Jan 1983

First Party Bad Faith: Common Law Remedies And A Proposed Legislative Solution, Kerry B. Harvey, Thomas A. Wiseman Iii

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Insurance, Richard H. Underwood Jan 1983

Kentucky Law Survey: Insurance, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

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