Insurance Law Commons^™

Kentucky Law Survey: Insurance, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Newport News Shipbuilding & Dry Dock Co. V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

In Re Kapoor: Life Insurance, Divorce, And Inheritance Tax, Edward M. Reisner

North Carolina Central Law Review

No abstract provided.

Kentucky Law Survey: Insurance, Richard H. Underwood

Law Faculty Scholarly Articles

Kentucky courts have recently decided a number of cases that have a significant impact on insurance law. Several decisions dealt with the assertion of rights at variance with contract provisions and the degree to which the law will recognize the reasonable expectations of the insured. The courts also considered novel questions concerning cancellation by substitution, the application and validity of various exclusions in homeowners and automobile liability policies, the application and validity of the escape clause in automobile liability policies, and the stacking of automobile liability coverages. This Survey will examine those questions, as well as the growing body of …

On Markets For Risk , Mark Sagoff

Maryland Law Review

No abstract provided.

Insurance Law - Asbestos-Related Diseases Trigger Insurer's Duty To Defend And Indemnify When The Diseases Become Reasonably Capable Of Medical Diagnosis, Mark C. Levy

Villanova Law Review (1956 - )

No abstract provided.

Venezuela Revisited: Foreign Investment, Technology, And Related Issues, Robert J. Radway, Franklin T. Hoet-Linares

Vanderbilt Journal of Transnational Law

A brief history of foreign investment in Venezuela is necessary to understand recent changes in Venezuelan foreign investment policy. The development of selected industrial sectors, including principally petroleum and mining, but also agriculture, electric power, manufacturing, banking, and insurance, has played a significant role in shaping Venezuelan foreign investment policy. The laws, policies, and their application can then be reviewed in practical terms to provide the practitioner with an understanding of the stated objectives of the host government within the context of Third World movements toward greater control over economic activities.

Notice Provisions In Insurance Contracts: Great American Insurance Co. V. C.G. Tate Construction Co., Wanda Naylor

North Carolina Central Law Review

No abstract provided.

Corporate Indemnification Of Directors And Officers: Time For A Reappraisal, K.G. Jan Pillai, Craig Tractenberg

University of Michigan Journal of Law Reform

This Article evaluates the benefits and burdens of shifting litigation risk from management to the enterprise. The Article begins by considering the nature of the legal risks confronting the corporate executive, and the principles of common law that developed to counter those risks. The Article proceeds to assess the two statutory responses to threats of personal liability against the corporate executive: indemnification statutes, and director and officer insurance. Finally, after comparing the effective absolute immunity available to corporate executives with the qualified immunity enjoyed by high-level government officials, the Article concludes that indemnification practices have overinsulated the corporate officer from …

The Nonprofit Health Care Corporation Reform Act Of 1980, David L. Hollister, Patience A. Drake

University of Michigan Journal of Law Reform

In recent years, Blue Cross/Blue Shield has been the subject of considerable controversy. Its critics charge the non-profit, tax-exempt corporation with being unduly secretive, arrogantly unresponsive to consumer interest and not vigorous in its cost containment efforts. These criticisms, along with a variety of other factors, led to the legislative reform I am here to talk to you about this evening.

The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer

Indiana Law Journal

No abstract provided.

The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer

Faculty Publications

No abstract provided.

The Co-Existence Of Loan Receipt Agreements And Contribution In Illinois, Daniel P. Hogan

Loyola University Chicago Law Journal

No abstract provided.

Rogers V. Robson: Increased Malpractice Liability For Insurance Defense Counsel, 14 J. Marshall L. Rev. 589 (1981), Martha Bruns Weiss

UIC Law Review

No abstract provided.

Insurance Law - Duty To Indemnify And To Defend - Each Insurer Which Provides Coverage During Worker's Exposure To Asbestos Is Proportionately And Individually Liable To Defend And Indemnify Its Insured, Vincent Richard Mcguinness Jr.

Villanova Law Review (1956 - )

No abstract provided.

Misrepresentation In Procurement Of Insurance: The Arkansas Law, D. F. Adams

University of Arkansas at Little Rock Law Review

No abstract provided.

A Primer On Minnesota No-Fault Automobile Insurance, Michael K. Steenson

Faculty Scholarship

The Minnesota No-Fault Act has undergone substantial change since its enactment in 1974. Recent legislative modifications and judicial constructions of the Act's provisions have served to correct earlier deficiencies, but have raised new and complex problems of interpretation. In light of these developments, Professor Steenson provides an overview that explains how the Act functions. After tracing the history of automobile insurance regulation in Minnesota, Professor Steenson examines in detail the various compulsory and optional insurance coverages under the Act, the proper sources of payment under those coverages, and the limitations imposed by the Act on the right to recover damages …

Kentucky Law Survey: Insurance, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

The Immigration And Nationality Act And The Exclusion Of Homosexuals: Boutilier V. Ins Revisited, Marc Bogatin

Cardozo Law Review

No abstract provided.

Insurance, Maximilian A. Pock

Mercer Law Review

In order to provide desirable continuity and to facilitate cross-referencing this survey will generally conform to the overall organization of past surveys and use identical categories and chapter headings. Where certiorari has been denied or applied for but not disposed of during the survey period, this will be so indicated in the footnotes.

Third Party Remedy Of Insured's Loss Constitutes Defense In Mitigation Of The Loss In Suit By Insured Against Insurer., Mark B. Taylor

St. Mary's Law Journal

Abstract Forthcoming.

Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner

Michigan Law Review

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.

What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …

Washington's Underinsured Motorist Statute: Balancing The Interests Of Insurers And Insureds, Bertha Baranko Fitzer

Washington Law Review

This comment will distinguish the uninsured/underinsured motorist problem and coverages, and will outline the 1980 amendment to Washington's uninsured motorist statute. The comment will then discuss some areas of the law likely to cause controversy and suggest resolutions to these issues. The proposed resolutions follow the approach taken by the legislature, balancing the conflicting interests of insureds and insurers.

Advertising The Economics Of High Jury Awards: The Insurance Industry's Bid For Prospective Jurors To Tighten Their Purse Strings

Washington and Lee Law Review

No abstract provided.

Credit Life And Disability Insurance Disclosures Under Truth-In-Lending: The Triumph Of Form Over Substance, John M. Sheffey

Florida State University Law Review

No abstract provided.

Insurer Intervention In Uninsured Motorist Cases, Alan W. Becker

Indiana Law Journal

No abstract provided.

The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach

West Virginia Law Review

Title IV of the Federal Coal Mine Health and Safety Act of 1969 [the Black Lung Act], as amended by the Black Lung Benefits Reform Act of 1977 establishes, inter alia, a new presumption intended to substantially assist widows and other dependent survivors of coal miners in gaining benefits for disability caused by coal workers' pneumoconiosis (more commonly known as black lung disease). Survivors of coal miners who died before March 1, 1978, with twenty-five or more years of coal mine employment accrued prior to July 1, 1971, are presumed to be entitled to benefits unless it is established that, …

Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly

West Virginia Law Review

Since the enactment of the Federal Coal Mine Health and Safety Act1 (FCMHSA) in late 1969, occupational pneumoconiosis, "black lung disease," has been compensable under federal law. These federal black lung benefits are coordinated with state workmen's compensation or occupational disease laws to provide death or disability benefits for coal miners suffering from the disease. Black lung benefits are provided at federal cost under Part B of Title IV of the FCMHSA with respect to claims which arose before July 1, 1973 (Part B benefits)." Benefits are payable directly or indirectly by coal mine operators under Part C of Title …

Negotiation And Settlement: An Insurer's View Of Comparative Negligence, John L. Hunt

West Virginia Law Review

No abstract provided.

Tort Of Insurer's Bad Faith Refusal To Pay First-Party Claims, Linda Gay

West Virginia Law Review

No abstract provided.