Insurance Law Commons^™

Indiana's Allowance Of Punitive Damages In Contract Actions Against Insurance Companies: How New Is It?, Susan Marguet

Indiana Law Journal

No abstract provided.

A Reasonable Approach To The Doctrine Of Reasonable Expectations As Applied To Insurance Contracts, Karen K. Shinevar

University of Michigan Journal of Law Reform

Part I of this article examines standard insurance contract analysis and the existing confusion within that analysis. Part II examines the doctrine of reasonable expectations. In Part Ill, Professor Keeton's expansion of the reasonable expectations doctrine is explained and analyzed. This article concludes in Part IV that Keeton's expanded doctrine has the effect of confusing most courts, which continue to discuss reasonable expectations in relation to conventional rules of contract construction. The article proposes that the reasonable expectations doctrine be limited to contractual language and surrounding circumstances in order to establish clearer guidelines for insurers and consumers.

A Model First-Party Insurance Excess-Liability Act, Eric M. Holmes

Scholarly Works

The purpose of this article is to study the various statutes concerning first-party, excess-liability in an effort to compose a model act. The primary issues affecting this problem are two-fold: First, what type of extra-contract damages should be available (e.g., attorney fees, litigation expenses, consequential losses, emotional distress, punitive damages); and second, should these extra-contract damages be based on an equitable standard of good-faith conduct (fault) or on strict liability principles (no fault)? These are crucial questions as the division between contract and tort becomes ever more blurred in modern law.

Noninsured Death Benefits For Employees - An Unintended Fringe Benefit Of The Goldsmith Case, Marcus D. Grayck

Loyola University Chicago Law Journal

No abstract provided.

Civil Actions - Voir Dire - Insurance - Effect Of Insurance Company Advertising, Anna E. Dolak

Duquesne Law Review

The Supreme Court of Montana has held that an attorney may ask prospective jurors on voir dire if they have been exposed to insurance company advertisements that correlate high jury verdicts in personal injury cases with increased premiums for all insured.

Borkoski v. Yost, 594 P.2d 688 (Mont. 1979).

Civil Procedure - Quasi In Rem Jurisdiction - Assertion Of Quasi In Rem Jurisdiction Under Rule Of Seider V. Roth Held Violative Of Due Process Clause, Richard Goldstein

Villanova Law Review (1956 - )

No abstract provided.

Insurance - Suit Limitation Clause - An Insurer's Bad Faith Accusation Of Criminal Conduct By The Insured, Or An Accusation Which Is The Result Of A Negligent Investigation, Can Toll The Suit Limitation Clause, Kathleen Seybold Turezyn

Villanova Law Review (1956 - )

No abstract provided.

Washington Title Insurers' Duty To Search And Disclose, Susan M. Stanley

Seattle University Law Review

This comment explores possible non-statutory sources of a title insurer's duty to search and disclose. After reviewing the historical background of title insurance and comparing it with other title assurance methods, this comment examines Washington case law, where the supreme court has failed to impose the duty. It then considers the need to impose and examines the theoretical bases of such a duty to search and disclose: whether it should lie in tort or in contract. Finally, this comment concludes that Washington courts should allow home buyers to sue title insurers for negligence in failing to reasonably search and disclose.

A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber

Law Faculty Articles and Essays

To fully appreciate the life-saving and injury-reduction capacity of seat belt restraint systems, it is necessary to examine several non-legal topics which have direct bearing on what the law should reflect. In addition, these topics could prove to have practical application for the attorney attempting to establish the necessity for judicial acceptance of the seat belt defense. These areas include: (1) the human and economic toll arising from automobile accidents; (2) the events that take place during an automobile collision in terms of vehicle dynamics and occupant kinematics; and (3) the effects of a seat belt restraint system upon occupant …

The Art Of Decoupling: Keeping Social Security's Promise Up-To-Date, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Insurers' Liability For Excess Judgments In In Virginia: Negligence Or Bad Faith?, Barbara A. Dalvano

University of Richmond Law Review

Liability insurers have become increasingly concerned over the possibility that they may be responsible for satisfying excess judgments. This concern is justified. In Crisci v. Security Insurance Co., the California Supreme Court generated new developments in insurance law by predicating an insurer's liability for failing to settle claims against its insured upon a finding of mere negligence. Traditionally, an insurer was held liable for an excess judgment only if the insured was able to bear the burden of showing that the company acted in "bad faith" in failing to settle a claim. Virginia adopts this traditional view.

The Troublesome Workings Of The Judgments Convention Of The European Economic Community, Errol P. Mendes

Vanderbilt Journal of Transnational Law

The problems involved in the jurisdiction by consent provisions in article seventeen and the special rules for insurance claims in articles seven through fifteen have to some extent been dealt with by the provisions of the Judgments Accession Convention as have the problems arising under the hire purchase and credit sale transactions. Nevertheless, a comprehensive definition of the term "consumer sale" is needed from the European Court.

There can be little doubt that both lawyers and litigants who are affected by the Convention, would prefer to operate under the conflict of laws rules of their own nations which, although complex, …

Kentucky Law Survey: Insurance, Earl Frederick Straub Jr.

Kentucky Law Journal

No abstract provided.

Insurance, Pensions And The Internal Revenue Code: An Analysis, Edward A. Zelinsky

Articles

No abstract provided.

Spouse's Fraud As A Bar To Insurance Recovery, Stephen P. Carney

William & Mary Law Review

No abstract provided.

The 1979 Florida Workers' Compensation Reform: Back To Basics, William E. Sadowski, Jack Herzog, R. Terry Butler, Ruth L. Gokel

Florida State University Law Review

No abstract provided.

Insurance Advertising - Much Ado About Nothing Lawyer's Forum., Michael A. Hatchell

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law-Entitlement Doctrine-Michigan Compulsory No-Fault Automobile Insurance Law Violates Due Process- Shavers V. Attorney General, 402 Mich. 554, 267 N.W.2d 72 (1978).

BYU Law Review

No abstract provided.

Defining Taxable Consumption: A Comment On Personal Insurance Premiums, William D. Popkin

Indiana Law Journal

No abstract provided.

Public Assurance Of An Adequate Minimum Income In Old Age: The Erratic Partnership Between Social Insurance And Public Assistance, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Profits In Subrogation : An Insurer's Claim To Be More Than Indemnified, Jay S. Bybee

BYU Law Review

No abstract provided.

Torts, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Bar-Related Title Insurance Companies: An Antitrust Analysis, H. Lee Roussel, Rod J. Pera, Moses K. Rosenberg

Villanova Law Review (1956 - )

No abstract provided.

Contract Law - Life Insurance Contracts - Temporary Insurance - Binding Receipts Imposing Conditions Precedent Upon Temporary Insurance Coverage Held Ineffective In Pennsylvania, William Jackson

Villanova Law Review (1956 - )

No abstract provided.

Profits In Subrogation: An Insurer's Claim To Be More Than Indemnified, Jay S. Bybee

Scholarly Works

“[I]f the assured is not entitled to retain an excess against the insurer, and the insurer … is not entitle to receive the excess from the assured, what happens to the excess?” This question, posed by Lord Justice Megaw in L. Lucas Ltd. v. Export Credits Guarantee Department, is bred by the juxtaposition of two subrogation rules. The right to subrogation, being in nature like restitution, entitles the holder of the right only to reimbursement and, under a contract of insurance, “the assured … shall be fully indemnified, but shall never be more than fully indemnified.” The confusion that distribution …

Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes

Scholarly Works

The purpose of this essay is to suggest an analytic framework for solving a recurrent insurance problem which springs from what might be called an "evidentiary condition." These conditions can be found in most classes of insurance policies. The immodest purpose of this modest essay is to devise a line of analysis which resolves the problems raised by evidentiary conditions and affords sensitivity and protection to all the competing interests in an insurance contract. The proffered solution, which I label the doctrine of evidentiary conditions, may furnish a doctrinal bridge for reconciling the two disparate contract schools.

Should Legal Malpractice Insurance Be Mandatory?

BYU Law Review

No abstract provided.

Recent Developments In Nova Scotia Insurance Law, James A. Rendall

Dalhousie Law Journal

Insurance is a prolific area of the law in terms of litigation. Many more judgments have been handed down in Nova Scotia recently than could be reviewed profitably in an article of reasonable length. In an attempt to review a representative sample of the range of insurance problems currently occupying Nova Scotia courts, Part II of this article deals with a variety of cases arranged under six headings. The topics represented have been chosen by reason of their recurrent enduring importance in insurance law, as with "insurable interest", by reason of current importance to the legal profession, as with "limitation …

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review (1956 - )

No abstract provided.

Erisa Preemption And Indirect Regulation Of Employee Welfare Plans Through State Insurance Laws, Leslie Levin

Faculty Articles and Papers

The Employee Retirement Income Security Act of 1974 (ERISA), enacted to correct widespread abuses in the area of employee benefit plans, imposes federal minimum standards for plan reporting and disclosure, vesting, funding, and fiduciary responsibilities. To ensure national uniformity, section 514 preempts state laws that "relate to" employee benefit plans. Since ERISA affects many areas traditionally governed by state law, the extent to which states may continue to regulate certain activities whenever such regulation "relate[s] to" employee benefit plans has been the subject of much litigation.