Insurance Law Commons^™

Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer

Fordham Urban Law Journal

This Comment discusses the Fair Access to Insurance Requirements (FAIR) plans implemented in twenty-six states, the District of Columbia, and Puerto Rico pursuant to the Urban Property Insurance Protection and Reinsurance act in an attempt to ameliorate urban deterioration by reducing unfair insurance pratices. These plans provided insurance to property owners denied insurancy in the voluntary market. The Comment outlines the history of FAIR plans, their federally mandated guidelines, and the state's implementation of such requrements, the Holtzman amendment of 1978 (requiring at least one-third of the voting members of the FAIR plan governing boards to be independent representatives of …

M.F.A. Mutual Insurance Co. V. Cheek: Illinois Adopts A Prejudice Standard For Policy Defenses Based On Breach Of Cooperation, Charles Webster

Loyola University Chicago Law Journal

No abstract provided.

Primary Liability Under Excess Insurance Clauses: State Capital Insurance Co. V. Mutual Assurance Society Against Fire On Buildings, Paul K. Campsen

University of Richmond Law Review

Insurance is a contract by which the insurer undertakes to indemnify the insured against loss arising from the destruction of or injury to the insured's property as a result of certain causes. By its very nature an indemnity contract obligates the insurer to reimburse the insured for the amount of actual loss suffered by the insured. There are, however, situations in which multiple insurance coverage exists; that is, the same interest and the same risk are insured at the same time by more than one separate and distinct insurance contract, each presumably liable in the event of loss of or …

Kentucky Law Survey: Insurance, Joe C. Savage

Kentucky Law Journal

No abstract provided.

An Insurer's Liability To Third Parties For Negligent Inspection, Michael Braden

Kentucky Law Journal

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Insurance--Some Suggested Changes In The Standard Policy Provisions Promulgated Under The Uninsured Motorist Law, Thomas Evans

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Insurance Law-Uninsured Motorist Coverage-Insurers Extending Liability Coverage Into Mexico Need Not Provide Coextensive Uninsured Motorist Coverage- Transamerica Insurance Co. V. Mckee, Roger C. Decker

BYU Law Review

No abstract provided.

Contracting For No-Fault Liability Insurance Covering Doctors And Hospitals, Jeffrey O'Connell

Maryland Law Review

No abstract provided.

Federal Taxation Of The Assignment Of Life Insurance, Douglas A. Kahn, Lawrence W. Waggoner

Articles

The most litigated estate tax issue concerning life insurance is whether the proceeds should be included in the insured's gross estate. This question usually is governed by section 2042 of the Internal Revenue Code of 1954, the estate tax provision directed specifically at life insurance. While the Tax Reform Act of 1976 wrought enormous changes in many areas of estate taxation, Congress did not change section 2042. Thus the several unresolved questions concerning the interpretation of that section remain unsettled. But the question of the includability of life insurance proceeds in the gross estate of the insured is not always …

Insurance, Maximilian A. Pock

Mercer Law Review

Of the 45 "insurance" cases handed down during the current survey period less than half merit serious scrutiny and comment at this time. Of the remainder, some address themselves solely to procedural issues with "insurance" law providing but a fortuitous backdrop, while others involve only factual disputes raised largely in duels involving the grant or denial of motions and counter motions for summary judgment.

To preserve editorial continuity the cases decided during the current survey period will be discussed in conformance with the general outline and subject matter headings used in past years. Where certiorari to the supreme court has …

Community And Separate Property Interests In Life Insurance Proceeds: The Risk Payment Doctrine In State Courts And Its Federal Estate Tax Consequences, James M. Higbee

Washington Law Review

This comment will first examine the decisions of the Louisiana, Texas, Arizona, Idaho, and New Mexico courts in which the risk payment doctrine has been approved for use with term insurance in order to determine how well established the doctrine is in each state. The status of the risk payment doctrine in state courts is important because "state property rules control the estate taxation of community property life insurance." The estate tax consequences of the risk payment doctrine will then be considered.

Title Insurance: Recovery For Emotional Distress For Wrongful Failure To Defend

BYU Law Review

No abstract provided.

The Mccarran-Ferguson Act: A Time For Procompetitive Reform, Laurence M. Hamric

Vanderbilt Law Review

State insurance regulation may be broadly divided into two categories. The first generally encompasses those laws that are directed toward protecting the insurance fund so that a policy holder can be secure in his reliance on his insurer's ability to pay its obligations. An assumption underlying this Note is that such regulation, despite its imperfection and effect on competition, is both socially and economically desirable. Thus the problems with state regulation aimed at ensuring the financial reliability and solvency of insurance companies" will not be considered here. Rather, this section of the Note will outline the second category of state …

Consumer Warranty Or Insurance Contract? A View Towards A Rational State Regulatory Policy, Doyal Mclemore Jr.

Indiana Law Journal

No abstract provided.

The Role Of Custom In Medical Malpractice Cases, Richard N. Pearson

Indiana Law Journal

No abstract provided.

Community And Separate Property Interests In Life Insurance Proceeds: A Fresh Look, James M. Higbee

Washington Law Review

This comment examines the difficult problem of characterizing the proceeds of a life insurance policy as separate or community property where the policy insures the life of a spouse and premiums have been paid with both separate and community funds. The problem commonly arises when a person takes out a life insurance policy while single, pays the first few premiums from separate funds, and then maintains the policy with community funds following marriage. Upon death of the insured spouse, the characterization of the proceeds as separate or community or partially both is significant for two reasons. Not only may such …

Professional Liability Insurance: The Doctor's Dilemma, Jay J. Price

Loyola University Chicago Law Journal

No abstract provided.

Pre-Trial Screening Of Medical Malpractice Claims Versus The Illinois Constitution, 10 J. Marshall J. Prac. & Proc. 133 (1976), Larry L. Johnson

UIC Law Review

No abstract provided.

The National Standards For No-Fault Insurance Act: Good Intentions And Bad Federalism, Richard L. Reinhold

Buffalo Law Review

No abstract provided.

The Federal Prudent Man Rule Under Erisa, James D. Hutchinson

Villanova Law Review (1956 - )

No abstract provided.

No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson

Faculty Scholarship

The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.

Imposters And Fictitious Payees, James J. White

Other Publications

Uniform Commercial Code section 3-405. I. Basic Liabilities II. Defense and Miscellaneous Issues

Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy

Fordham Urban Law Journal

Plaintiff Dolores Smith appealed from a judgment in a favor of the Westland Life Insurance Company after a nonjury trial. Mrs. Smith, as the widow and administratrix of the estate of her husband, sought recovery of $10,000 under a temporary life insurance contract. Mr. Smith had paid the first month’s premium and received a conditional receipt, also known as a binder or a binding receipt, from a soliciting agent of Westland on April 8, 1963. However, due to the hazardous nature of Smith’s employment as a railroad laborer, Westland issued him a modified policy, with increased premiums, on April 24. …

Variable Life Insurance, Tamar Frankel

Faculty Scholarship

No abstract provided.

Wrongful Refusal To Settle: The Implications Of Grundy In Kentucky, Katharine R. Crawford

Kentucky Law Journal

No abstract provided.

Kentucky No-Fault: An Analysis And Interpretation, Robert P. Moore, David W. Rutledge

Kentucky Law Journal

No abstract provided.

Informed Consent In Kentucky After The Medical Malpractice Insurance And Claims Act Of 1976, J. Vaughan Curtis

Kentucky Law Journal

No abstract provided.

Insurance, Maximilian A. Pock

Mercer Law Review

No abstract provided.