Insurance Law in a Nutshell

Author: John F. Dobbyn,Christopher French

Publisher: West Academic Publishing

ISBN: 9781634599191

Category:

Page: 571

View: 2816

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Insurance Law in a Nutshell is a clear, concise and comprehensive discussion of the fundamentals of insurance law. It covers various lines of insurance such as Auto, Commercial General Liability, Health, Life, and Property. It also covers topics such as bad faith, claims submission/handling, duty to defend and settle, insurable interest, insurer defenses, loss valuation, regulation of insurers, reinsurance, risk transfer, subrogation, surety bonds, and waiver and estoppel. This new edition also has new sections that cover the rules of insurance policy interpretation; other lines of liability insurance such Cyber, Directors and Officers Liability (D&O), Errors and Omissions (E&O or Professional Liability), Employers Liability (EPL), Environmental Impairment (EIL), Flood, and Terrorism; the key issues of "trigger," "number of occurrences" and "allocation" in long-tail liability claims; "personal or advertising" liability coverage; the "business risk" and "owned property" exclusions; the "duty of utmost good faith" and the "follow the fortunes" doctrine under reinsurance treaties; guaranty funds; and "surplus line" insurers.

Insurance Law in a Nutshell

Author: John F. Dobbyn

Publisher: N.A

ISBN: 9780314066510

Category: Insurance law

Page: 400

View: 2349

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Nature of Insurance; Functions of Insurer; Life Insurance (Types); Contributory; Adverse Selection; Agency; Consent; Notice; Assignment; Standing; Premium; Loans; Fire and Casualty; Marine; Origin; Floater; Inland Marine; Health and Disability; Limitations; Liability Insurance; Commercial; Title Insurance; No-Fault; Uninsured Motorist; Binders; Premiums; Reserve; Surrender Value; Insurable Interest (Property and Life); Standing; Violation of Statute; Public Policy; Intentional Conduct; Suicide; Accident; Reasonable Expectations; Persons Insured; Lapse; Filing Claims; Defenses of Insurer; Misrepresentations; Warranties; Conditions; Limitations of Coverage; Waiver and Estoppel; Measure of Recovery; Duty to Defend; Subrogation; Bad Faith; Reinsurance; Bonds; Regulation.

Insurance Law and Policy

Cases and Materials

Author: Tom Baker,Kyle D. Logue

Publisher: Wolters Kluwer Law & Business

ISBN: 1454890541

Category: Law

Page: 720

View: 3233

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A contemporary, easy-to-teach text by high-profile authors, this casebook invites students and teachers to re-imagine the field of Insurance Law. The authors demonstrates the big-picture role of insurance law and policy in American business and society, exploring federal-state regulatory roles in depth as well as the traditional topics covered in casebooks. Insurance Law and Policy: Cases and Materials uses more statutory material than any other casebook, with statutes typically presented through problems. Manageable assignments contain one major case followed by informative notes, questions and a problem.

Principles of Insurance Law

Author: Jeffrey W. Stempel,Peter N. Swisher,Erik S. Knutsen

Publisher: LexisNexis

ISBN: 1579116507

Category: Law

Page: 1376

View: 1382

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Over the past two decades, there have been a number of important developments in the areas of liability, property, and life and health insurance that have significantly changed insurance law. Accordingly, the Fourth Edition of Principles of Insurance Law has been substantially rewritten, reformatted, and refocused in order to offer the insurance law student and practitioner a broad perspective of both traditional insurance law concepts and cutting-edge legal issues affecting contemporary insurance law theory and practice. This edition not only expands the scope of topical coverage, but also segments the law of insurance in a manner more amenable to study, as well as facilitating the recombination and reordering of the chapters as desired by individual instructors. The Fourth Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including: • The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001; • The continuing debate between "legal formalists" and "legal functionalists" for "the heart and soul" of insurance contract law; • What constitutes a policyholder's "reasonable expectation" regarding coverage; • The current property and liability insurance "crisis"; • Risk management and self-insurance issues; • Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation; • Ongoing interpretive battles over the preemptive scope of ERISA; • The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive's power over foreign affairs; • The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages; • New issues over the dividing line between "tangible" property typically covered under a property insurance policy and "intangible" property, which is typically excluded - an issue of increasing importance in the digital and cyber age; • Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments; • The difficult-to-harmonize decisions concerning when a loss arises out of the "use" of an automobile; • Insurer bad faith and the availability, if any, of actions against a policyholder for "reverse bad faith"; and • The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction.

Health Care Law and Ethics in a Nutshell

Author: Mark A. Hall,Ira Mark Ellman,David Orentlicher

Publisher: West Academic

ISBN: 9780314209870

Category: Law

Page: 463

View: 4843

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Public policy responses to escalating medical costs and constrained access pose fundamental challenges to health care law. Profound medical advances also generate many ethical dilemmas. This authoritative discussion considers how law and ethics respond to these driving social, economic, and political forces of innovation, crisis and reform. Topics include health care finance and delivery structures, treatment relationships, facility and insurance regulation, corporate and tax law, refusal of life support, organ donation, and reproductive technologies.

Employment Law in a Nutshell

Author: Robert N. Covington,Kurt H. Decker

Publisher: West Academic Publishing

ISBN: 9780314232359

Category: Law

Page: 537

View: 2712

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The Employment Relationship; Statutory Regulation; Common Law; Constitutional Provisions; Prevention of Injury and Disease; Compensation for Injury and Disease; Privacy and Reputation; Discrimination; Collective Bargaining Rights; At-Will Employment; The Public Policy Exception; Contract Analysis; The Duty of Good Faith and Fair Dealing; Statutory Modifications; What Is "Good Cause" for Discharge; Unemployment Compensation; Worker Adjustment and Retraining Notification Act; Wage and Hour Regulation; Fair Labor Standards Act; Federal Contractor Labor Standards; Portal-to-Portal Act; Garnishment Restriction; Pensions and Other Employee Benefit Programs; The Employee Retirement Income Security Act; The Family and Medical Leave Act; Old Age and Survivors Insurance; Benefits Under Social Security; Independent Contractors; Joint Employment; Successorship; "Constructive" Discharges and Quits; Employee Screening; Negligent Hiring or Retention; Genetic Screening; Reference Checks; Smoking; Alcohol and Drug Abuse; Human Immunodeficiency Virus (AIDS).

Legal Malpractice Law in a Nutshell

Author: Vincent Johnson

Publisher: West Academic Publishing

ISBN: 9781634602822

Category:

Page: N.A

View: 7966

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Legal Malpractice Law in a Nutshell charts the dynamic field of lawyer professional liability. With reference to recent cases and statutory developments, the book covers prominent causes of action (including professional negligence, breach of fiduciary duty, and fraud), the role of experts in malpractice litigation, theories of liability to nonclients, affirmative defenses, damages, and fee forfeiture. The book also explores the vicarious liability of lawyers and law firms, conflicts of interest, strategies for reducing errors and claims, and the role of malpractice insurance.

Business Associations in a Nutshell

Author: Joseph Shade

Publisher: West Academic Publishing

ISBN: 9780314208514

Category: Law

Page: 440

View: 8704

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This book gives students taking the introductory course in business associations a succinct but reliable overview of the principal legal issues that arise in business relationships over the life cycle of the business. The book explains the basic concepts that govern these relationships and provides specific examples of how they apply. It also explains similarities and dissimilarities in the business associations covered. Finally, the book considers the background and interests in the course of the students. The book is intended to help students understand the course whether their background is in accounting or music.

Legislation and Regulation in a Nutshell

Author: Steven Huefner

Publisher: West Academic Publishing

ISBN: 9781628102109

Category:

Page: 601

View: 3731

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While traditional American legal education has focused primarily on the judicial branch of government, legislatures and regulatory agencies are responsible for the vast majority of today's law creation and law implementation, in fields from health insurance regulation, to motor vehicle operation, to environmental protection, to the mechanics of voting, to stimulating the economy, to the criminalization of internet piracy, to the distribution of tax burdens, to name only some. Because well-equipped attorneys need a comprehensive grounding in legislative and regulatory processes and the relationships among all three branches of government, many law schools now teach some version of a course in Legislation and Regulation in the first year. This Nutshell addresses all the major topics of these courses, including the central question of how courts and agencies should interpret ambiguous statutes. Part I describes the functioning of modern-day legislatures and administrative agencies, including not only their essential mechanics but also theories of democratic representation. Part II then builds on this foundation to develop the principal theories and doctrines of statutory and regulatory interpretation. It includes detailed discussions of the various "intrinsic" and "extrinsic" interpretive tools, as well as the competing interpretive approaches of Textualism and Purposivism. It also includes a chapter devoted to the Chevron doctrine and the question of how courts should review agency interpretations of statutes.

Diderot on Art: The salon of 1767

Author: Denis Diderot

Publisher: Yale University Press

ISBN: 9780300059656

Category: Art

Page: 344

View: 6694

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The 18th-century French philosopher Denis Diderot - the principal intelligence behind the Encyclopedie and the author of idiosyncratic fictional works such as Jacques the Fatalist and Rameau's Nephew - is also considered by many to have been the first great art critic. Until now, however, Diderot's treatises on the visual arts have been available only in French. This two-volume edition makes his art-critical texts available in English. Diderot's works are among the most provocative and engaging products of the French Enlightenment. Moreover, their ruminations on many issues of perennial interest (invention versus convention, nature versus culture, and technique versus imagination; the complex relations) between economic reality and artistic achievement give them a rare pertinence to current debates on the nature and function of representation.

Family Law in a Nutshell

Author: John Myers,Harry Krause

Publisher: West Academic Publishing

ISBN: 9781683282549

Category:

Page: 502

View: 4397

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Few areas of law practice cover as many issues as family law. The subject embraces marriage and divorce, annulment, custody of children, spousal and child support, complex property issues, paternity, domestic violence, adoption, and alternative means of reproduction. Each of these topics itself is complex. For example, within the broad subject of child custody lie the issues of interstate move away cases, international parental child abduction, and the impact of domestic violence on a parent's right to custody or visitation. In addition to purely legal issues, family law has a large psychological component, touching on some of the most important and sensitive aspects of human nature and interaction, such as, what is a family, what are the rights and responsibilities of parents toward children, and how should society respond to child abuse and domestic violence? All of these issues, and more, are discussed in this Nutshell. The book provides a thorough introduction to this challenging field of practice.

Local government law in a nutshell

Author: David J. McCarthy

Publisher: West Publishing Company

ISBN: N.A

Category: Law

Page: 435

View: 7074

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Local Governing Power: General Aspects, Limitations, Resolution of Power Conflicts and Challenges; Formation of the Local Government, Alteration, Boundary Changes; Some Problems of Organization and Operation: Officers, Employees, Allocation and Delegation of Functions, Elections; Regulation of Conduct and the Use of Land: Acquisition, Limitations on Use and Disposition of Goods, Services and Property; Revenues; Considerations Pertinent to Citizen Litigation with Local Governments.

Criminal Law in a Nutshell

Author: Arnold H. Loewy

Publisher: West Academic

ISBN: 9780314194961

Category: Law

Page: 347

View: 8219

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Gain an overview and develop perspective on the extensive area of criminal law. Organized into eight sections for quick reference. Expert discussion explores punishment, specific crimes, and the ingredients of a crime such as mens rea and actus reus. Features special defenses and the burden of proof. Covers inchoate and group criminality. Also reflects on the limitations of criminal law.

Admiralty in a Nutshell

Author: Frank L. Maraist,Thomas C. Galligan,Catherine M. Maraist

Publisher: West Academic

ISBN: 9780314926999

Category: Law

Page: 441

View: 2889

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Addresses maritime tort law, collision law, worker injury claims, wrongful death, and platform injuries. Explores maritime property liens and the seaman's employment contract, wages, and compromise of claims. Discusses marine insurance, towage and pilotage, salvage, and general average. Also covers sovereign immunity; joint and several liability, indemnity, and contribution; liability limitations; and jurisdiction and procedure in maritime claims.

American Indian Law in a Nutshell

Author: William C. Canby

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 496

View: 9216

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Canby?s American Indian Law in a Nutshell, Fourth Edition is a succinct but comprehensive treatment of federal Indian law, with emphasis on jurisdictional problems and the policies underlying them. Topics include the history of American Indian law and policy, the federal-tribal trust relationship, Indian tribal sovereignty, treaty rights, criminal and civil jurisdiction in Indian country, Indian civil rights, tribal water rights and hunting and fishing rights. All text is supported by citation of cases and statutes.

Copyright Law in a Nutshell

Author: Mary LaFrance

Publisher: West Academic Publishing

ISBN: 9781634603041

Category:

Page: 524

View: 5856

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This product offers a compact yet comprehensive and up-to-date overview of U.S. copyright law in an uncluttered and readable format. Coverage ranges from the fundamental concepts of originality, authorship, and infringement to the highly technical rules governing digital phonorecord deliveries and digital public performance rights in sound recordings, the safe harbor provisions that limit the liability of Internet service providers, and the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. The evolving doctrines of fair use and contributory liability are also given thorough attention.