Insurance Law Commons^™

Formalizing Compliance To Reduce Board Exposure To Civil And Criminal Liability, Cheryl L. Wade

Faculty Publications

(Excerpt)

Fraternities and sororities (Greek-letter organizations or “GLOs” as used herein) are nonprofit organizations that present uniquely complex issues when considering the GLO directors’ ability to oversee and manage the organizations’ potential exposure to criminal and civil liability. Legal analysis of the fiduciary obligations of nonprofit directors borrows from, and analogizes to, the law of directorial fiduciary duty in the for-profit context. There are, however, important structural differences between for-profit and nonprofit firms that require consideration when thinking about how GLO boards operate. The potentiality of criminal and civil liability for a GLO is uniquely driven by the misconduct of …

Climate Risk, Insurance Retreat, And State Response, Mark Nevitt, Michael Pappas

Publications

Climate change is fundamentally destabilizing the private insurance industry, with many high-profile insurance companies exiting states in the face of catastrophic, climate-induced risk. This rapid “insurance retreat” represents a major market signal in response to climate-exacerbated risks. Private businesses are making actuarial decisions, assessing that some locations are just too vulnerable to insure. At the same time, this insurance retreat also poses a policy challenge for states as they react to the mounting insurance gaps left by exiting private insurers.

This Article analyzes insurance retreat, its attendant policy challenges, and the lessons that can be drawn from state responses. It …

Twisted Machines: Police Pursuit Policy And Accountability, Madeline Hedrick

Journal of the National Association of Administrative Law Judiciary

Part I of this comment will examine the cultural and legal approach to high-speed pursuits exemplified in Los Angeles—the national center of televised car chases. Part II will unpack the thorny judicial doctrine of qualified immunity and evaluate how it impacts the incentives and accountability of police pursuits. Part III will examine who pays for the lawsuits that survive qualified immunity and the role insurance companies have in the facilitation of police reform. In Part IV, this comment will examine the qualified immunity bills in New Mexico and Colorado, the nationwide example they set, and the pushback they have received. …

Administrative Browbeating And Insurance Markets, George A. Mocsary

Villanova Law Review (1956 - )

No abstract provided.

Insurance, Myrece Johnson, Maren R. Cave, Thomas D. Martin

Mercer Law Review

During this survey period, the courts in Georgia issued several meaningful decisions in the area of insurance following a somewhat quiet year immediately after the pandemic. The three areas of insurance that typically dominate this annual update—liability, property, and automobile insurance—saw several noteworthy decisions from the federal district courts, the United States Court of Appeals for the Eleventh Circuit, and the Court of Appeals of Georgia. In the liability or “third-party” arena, the courts in Georgia grappled once again with time-limited demands. The survey also disclosed at least one case dealing with the viability of coverage defenses not raised in …

Legislative Protection For The Insured As A Consumer From Abusive Conditions In The Insurance Contract - A Comparative Study, Akram Daoud, Nour Qanadilo

An-Najah University Journal for Research - B (Humanities)

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Integrating Doctrine And Diversity Speaker Series: How Does Diversity, Equity, Inclusion And Belonging Pedagogy Fit In Business Issues And Financial Affairs Classes? Leading With Deib In Wills, Trusts, Estates, Insurance, Contracts, And Taxation Law Classes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Automobile Insurance Premium Price Discrimination: Sex/Gender, Margaret Murolo

Connecticut Insurance Law Journal

No abstract provided.

A Primer On The Economics Of Conflicts Of Interest, Peter Siegelman

Connecticut Insurance Law Journal

There is a well-known conflict of interest between liability insurers and policyholders with respect to the decision to settle or litigate a claim. This short note provides a simple graphical explanation for the problem and grounds it in the way the structure of the parties' payouts drives their attitudes towards risk. An optional appendix links the insights to the elementary mechanics of financial options.

The Unnatural Disaster Of Insurance, Underinsurance, And Natural Disasters, Kenneth S. Klein

Connecticut Insurance Law Journal

This article presents a novel data set describing the frequency of materially inadequate homeowner insurance in the event of a total loss. For decades, after a natural disaster, large percentages of homeowners who have lost their homes report suffering a second devastating loss- that, entirely to their surprise, they are vastly underinsured. These reports provocatively suggest that a large majority of all insured homes in the United States-not just homes destroyed by a natural disaster-might be profoundly, unknowingly, and unintentionally underinsured. Insurance companies reject this possibility. Insurers posit that underinsurance is rare, that other than after natural disasters it may …

Policy Strategies To Improve Cybersecurity, Vincent Yesue

Connecticut Insurance Law Journal

No abstract provided.

Bolstering New York’S Tenant Protection Law: Ensuring Retroactive Application Under The Heightened Regina Standard, Abigail Strange

Cardozo Law Review

Rent regulation laws have long been a cornerstone of the New York City and New York State housing markets, enacted to combat excessive rent increases that risked pricing out low- and middle-income tenants. On June 14, 2019, the New York State Legislature enacted the Housing Stability and Tenant Protection Act (HSTPA), which brought sweeping changes to New York’s rental laws, including regulated and unregulated buildings. The HSTPA significantly expanded tenant protections across New York State, and specifically in New York City, which currently has one of the highest monthly rent medians in the country. The passage of the HSTPA was …

Demystifying The Elusive Quest For Cyber Insurance Protection: The Need For New Contract Language, Deborah L. Johnson

Cardozo Law Review

Cyberattacks and electronic data breaches are on the rise, and the costs associated with those breaches can be astronomical. In response, the insurance industry has created a specialty market for cyber coverage. However, despite the number of cyber insurance policies currently offered on the market, insurers frequently deny claims for cyber coverage under both these specialty and traditional policies.

Examining the evolution of cyberattacks, data breaches, and the massive harm they can cause to businesses, this Article explores the legal and market obstacles to obtaining adequate cyber insurance coverage and offers potential solutions to policyholders and insurers to satisfy this …

Place-Based Versus Practice-Based Norms For American Lawyers: "It's The End Of The World As We Know It (And I Feel Fine)", James E. Moliterno

South Carolina Law Review

No abstract provided.

Modelling Climate Litigation Risk For (Re)Insurers, Martin Lockman

Sabin Center for Climate Change Law

In response to the growing threat of climate change, the insurance industry has made significant investments in modelling and quantifying physical climate risks. However, the emerging risk of climate litigation has proven particularly difficult to model. In 2015 Mark Carney, then-Governor of the Bank of England and Chairman of the Financial Stability Board, warned that climate litigation poses “long-tail risks” for insurers that may be “significant, uncertain and non-linear.” Since that warning, the number of climate-related cases has more than doubled, and the scope and financial significance of climate litigation has become increasingly clear. However, insurers and regulators still struggle …

The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim

University of Miami Inter-American Law Review

Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …

Criteria For Considering The Shari’A Need When Applied To A Commercial Insurance Contract: An Applied Jurisprudential Study, Ahmed Al-Shafei Mr

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

control and measure it. By proposing a list of criteria used in assessing their existence, consideration or elimination, and to test the criteria, the researcher applied them to a commercial insurance.

In order to achieve the goal of the research; the researcher used the inductive analytical method, by following the rules suggested by the Fuqaha’, which required an analysis of some Fuqaha’ sayings, to build standards.

The research concluded that the «Need» that some Fuqaha’ considered in the permissibility of commercial insurance does not meet these criteria in a way that supports their opinion. Accordingly; Commercial insurance in its current …

Criteria For Considering The Shari’A Need When Applied To A Commercial Insurance Contract: An Applied Jurisprudential Study, Ahmed Al-Shafei Mr

UAEU Law Journal

The research aimed to know the reality of the «Shari’a Need», and how to control and measure it. By proposing a list of criteria used in assessing their existence, consideration or elimination, and to test the criteria, the researcher applied them to a commercial insurance.

In order to achieve the goal of the research; the researcher used the inductive analytical method, by following the rules suggested by the Fuqaha’, which required an analysis of some Fuqaha’ sayings, to build standards.

The research concluded that the «Need» that some Fuqaha’ considered in the permissibility of commercial insurance does not meet these …

Fixed Payment Schedules Do Not Foreclose Liability Under The False Claims Act, Glen Mcclain

University of Cincinnati Law Review

No abstract provided.