Insurance Law Commons^™

The 1975 Indiana Medical Malpractice Act

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Insurer's Dilemma, Mark W. Gray

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

Is Malpractice Insurable?, Geoffrey Segar

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

The Malpractice Problem-Its Cause And Cure: The Physician's Perspective, James J. Stewart

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Constitutional Perspective On The Indiana Medical Malpractice Act, Cathryn V. Deal

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

A Cure For The Plaintiff's Ills?, Andrew C. Mallor

Indiana Law Journal

Symposium: The 1975 Indiana Medical Malpractice Act

Irrevocable Term Life Insurance Trusts And Gifts In Contemplation Of Death Under § 2035, Edward S. Graves, Stephen M. Finley

Washington and Lee Law Review

No abstract provided.

World Rent-A-Car, Inc. V. Stauffer, 306 So. 2d 131 (Fla. 2d Dist. Ct. App. 1974), Mary F. Clark

Florida State University Law Review

Insurance - "OTHER INSURANCE" PROVISIONS - CONFLICTING ESCAPE CLAUSES IN CONCURRENT AUTOMOBILE LIABILITY POLICIES ARE VOID.

No-Fault: A Perspective, Leon Green

BYU Law Review

At the annual meeting of the Association of American Law Schools, December 27, 1974, the Torts Section sponsored a panel discussion of Professor Jeffrey O'Connell's proposal that no-fault insurance be expanded beyond the field of automobile accidents. The proposal, as presented in O'Connell, Expanding No-Fault Beyond Auto Insurance: Some Proposals, 59 VA. L. REV. 749 (1973), advocates "enterprise liability" for any entity or person that systematically creates risks of personal injury. It would be "no-fault" liability, blind to the fault of either party, and paid by the enterprise's insurer or by the enterprise as a self-insurer. Payments would be limited …

Interpretation Of Restriction Of Risk Clauses In Automobile Insurance Policies, James A. Rendall

Dalhousie Law Journal

A recent British Columbia case, Sabell et al. v. Liberty Mutual Insurance Company has attempted a definition of the standard automobile insurance policy restriction against "driving in connection with the business of selling automobiles".' This judgment by Ruttan, J. is mildly surprising for a number of reasons. It places a generous interpretation on a clause used by an insurer to restrict its risk and, in the result, recovery is denied to a third party claimant. Thus, the judgment represents something of a departure from the usual judicial treatment of exclusion clauses which are most commonly construed rather strictly against the …

The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne

Cleveland State Law Review

For years the conflict of interest problem that occasionally arose out of the defense of an insured by his liability carrier denying coverage under the policy was, for the most part ignored. Now, within the last decade, it has surfaced as one of the most litigated questions in the field of insurance law. In the last issue of this Review, this author attempted an exegesis of Motorists Mutual Insurance Co. v. Trainor, then the latest pronouncement on the subject by the Supreme Court of Ohio. Soon after that article was published, the Supreme Court again addressed itself to the problem …

Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven

Cleveland State Law Review

This article will examine four issues which the practitioner may face in handling litigation under Section 3109.09, which imposes liability on the parents of children who willfully damage the property of another: whether the statute extends to a "taking" of property; whether the term "parents" includes others who have custody and control of a minor; whether an insurance company as a subrogated plaintiff may maintain an action under the statute; and, finally, whether parents of the minor wrongdoer are provided with coverage under their homeowners policy in an action brought against them under Section 3109.09.

Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones

University of Michigan Journal of Law Reform

Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …

The Impact Of Michigan's Health Maintenance Organization Act, Roger Alan Petzke

University of Michigan Journal of Law Reform

Growing dissatisfaction with the shortcomings of the traditional system of health care has led to renewed interest in the Health Maintenance Organization (HMO) concept in recent years. Although some HMO's have been operating in the United States for over forty years, conditions have been less than favorable to their growth and development. Major obstacles have been opposition from the medical profession, lack of public understanding about the nature and function of HMO's, and state laws restricting or prohibiting the establishment of HMO's. In order to create a more favorable legal climate and encourage HMO development, a number of states, including …

No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little

University of Michigan Journal of Law Reform

This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …

Medical Malpractice Litigation Under National Health Insurance: Essential Or Expendable, George J. Annas, Barbara F. Katz, Robert G. Trakimas

Faculty Scholarship

"Medical malpractice" denotes the basis for a civil action brought by a patient against a physician for injuries resulting from negligence. The current method for compensating victims of these occurrences is primarily a fault-and-liability insurance system. The first principle of tort liability is that the party at fault pays for the damage inflicted upon an innocent victim. Whether a doctor is at fault is determined in an adversary proceeding, with both the doctor and the patient represented by counsel. The triers of fact have the task of ascertaining whether the defendant was at fault, and if so, what compensation he …

Recent Decisions, Anne Markey, James F. Maddox, Thomas C. Eklund, Thomas F. Taylor, Ralph Vinciguerra, Clark Mervis

Vanderbilt Journal of Transnational Law

Admiralty--Damages in a Maritime Collision or Stranding Caused by Mutual Fault Must be Apportioned According to the Comparative Negligence of the Parties

Anne Markey

=============================

Admiralty--Wrongful Death--General Maritime Law Provides Remedy for Pain and Suffering of Decedent Incurred in Wrongful Death on High Seas but not for Funeral Expenses

James F. Maddox

=============================

Arbitration--Securities Regulation--In International Sale of Securities, Arbitration Agreement is Binding not Withstanding Non-Waiverability of Judicial Remedy of Securities Exchange Act of 1934

Thomas C. Eklund

=============================

IMMIGRATION--ALIEN COMMUTERS, BOTH DAILY AND SEASONAL, WHO HAVE ONCE OBTAINED THE STATUS OF IMMIGRANTS ARE PROPERLY CLASSIFIED AS SPECIAL IMMIGRANTS LAWFULLY …

Agency And Licensing Problems In Reforming Group Credit Insurance Contacts, William G. Reed

North Carolina Central Law Review

No abstract provided.

Friscia To Scarola: Changing New York Case Law On Insurable Interest In Stolen Automobiles, Michael Jonathan Mccrann

North Carolina Central Law Review

No abstract provided.

Insurance -- 1954 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

There were only two cases reported during the survey period on the subject of liability insurance. In the first of these, Rural Education Ass'n, Inc. v. American Fire & Casualty Co., the insured had notice of an accident on the day it occurred. Suit for injuries growing out of the accident was filed nearly seven months later, and not until the day after suit was filed did the insured notify the insurer of the accident. After judgment was obtained against it, the insured brought the present suit against its insurer. The insurance policy required that notice be given "as soon …

Illinois Insurance Law - All Aboard The Omnibus: An Extension Of Omnibus Coverage Under Automobile Liability Policies, Joseph Stalmack Jr.

Loyola University Chicago Law Journal

No abstract provided.

Kluger V. White, 281 So. 2d 1 (Fla. 1973), Florida State University Law Review

Florida State University Law Review

Insurance-NO-FAULT AUTOMOBILE PROPERTY PROTECTION-LEGISLATURE'S ABROGATION OF COMMON LAW TORT RIGHT TO RECOVER PROPERTY DAMAGE OF LESS THAN $550 VIOLATES FLORIDA CONSTITUTION.

The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend, J. Patrick Browne

Cleveland State Law Review

When a liability insurer defends claims brought against its insured, its interests frequently come in conflict with those of the insured. Over the years, courts and litigants have attempted to alleviate or eliminate this problem by several methods: providing the insured with independent counsel to represent his interests; a declaratory judgment action to test the insurer's duty to defend; direct actions by the injured claimant against the insurance company; and through the imposition on the insurer of an absolute duty to defend with a reserved right to test coverage at a later date. The second of these four methods the …

Policy Issues In Primary Industries, Zuhayr Mikdashi

Vanderbilt Journal of Transnational Law

Business and government have espoused a variety of policies to exploit market forces to their advantage. This article explores the policies involved with important issues affecting relationships among protagonists in primary industries and offers some suggestions. The first section deals with "freeing" the supply of key information not normally accessible to less developed countries(LDC's). Sections two and three relate to two aspects of international trade: easing hardships resulting from interruptions in re-source flows; and redistributing gain from resource industries among trading countries. The final two sections of the article deal with development financing, and with the accommodation of foreign investments …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ACT OF STATE ACT OF STATE

Doctrine precludes Payment of Insurance Policy's Cash Surrender Value in Contravention of the Law of the Nation Governing the Contract

2. ADMINISTRATIVE LAW

Secretary of the Interior may suspend Gas and Oil Leases to Conserve Maritime Natural Resources

3. ADMIRALTY

Libel in Rem against Vessel demise Chartered to the United States is not within Court's Jurisdiction under Suits in Admiralty Act when Ship is Outside United States Territorial Waters

Status as Crew Member of and a Relatively Permanent Connection with a Floating Structure required for Recovery Under the Jones Act

Employer may not …

1973 Annual Survey Of Michigan Law: Insurance, Kevin H. Tierney

Faculty Scholarship

No abstract provided.

Ursprung V. Safeco Insurance Company: The Duty Of An Insurer To Appeal A Judgement In Excess Of Policy Limits, Damon W. Harrison Jr.

Kentucky Law Journal

No abstract provided.

The Widening Scope Of Insurer's Liability, Sandra M. Varellas

Kentucky Law Journal

No abstract provided.

Roth V. Old Republic Insurance Co., 269 So. 2d 3 (Fla. 1972), Florida State University Law Review

Florida State University Law Review

Insurance - INDEMNIFICATION - LESSEE'S PERMITTEE WHO WAS UNAUTHORIZED To DRIVE VEHICLE UNDER LEASE CANNOT BE REQUIRED To INDEMNIFY LESSOR FOR DAMAGES CAUSED BY PERMITTEE'S NEGLIGENCE.

Reduction And Exclusion Clauses In Uninsured Motorist Coverage., Royal H. Brin Jr.

St. Mary's Law Journal

Abstract Forthcoming.