Understanding Insurance Law

Author: Robert H. Jerry,Douglas R. Richmond

Publisher: LexisNexis

ISBN: 0769845932

Category: Insurance law

Page: 1005

View: 2138

Posted in Insurance law

Principles of Insurance Law

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

Publisher: LexisNexis

ISBN: 1579116507

Category: Law

Page: 1376

View: 2300

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.
Posted in Law

Insurance Law in a Nutshell

Author: John F. Dobbyn,Christopher French

Publisher: West Academic Publishing

ISBN: 9781634599191

Category:

Page: 571

View: 3544

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.
Posted in

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: 6466

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.
Posted in Law

Insurance Law and Regulation

Author: Kenneth Abraham

Publisher: Foundation Press

ISBN: 9781609304010

Category: Law

Page: 809

View: 3450

This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract formation and interpretation; insurance regulation; insurable interest and liability for bad-faith breach; property, health, life, and disability insurance; commercial general liability and directors & officers liability insurance; auto insurance; and reinsurance. The casebook gives equal emphasis to personal and commercial insurance, and reprints within the relevant chapters four standard-form insurance policies. There is new material on the interpretation of ambiguities, insurance regulation, the Affordable Care Act, directors & officers insurance, and excess coverage.
Posted in Law

Fundamentals of Insurance Coverage in all 50 States - Fourth Edition

Author: Bradley W. Matthiesen,Gary L. Wickert,Douglas W. Lehrer

Publisher: Juris Publishing, Inc.

ISBN: 1578233380

Category: Law

Page: 1238

View: 6213

Fundamentals of Insurance Coverage in All 50 States is a unique compendium and overview of all aspects of insurance coverage law in every state, with a special emphasis on some of the unique aspects of insurance coverage involving environmental claims. The treatise utilizes and cites state and federal statutes, insurance regulations, and case law from every state, as a framework for a unique and unprecedented treatment of this complicated subject. The book is designed specifically for insurance claims handlers and supervisors who have responsibility for or occasion to deal with coverage issues relating to third-party defense litigation, first-party claims litigation, and reservation of rights scenarios. In addition to being an excellent and easy to understand primer on coverage issues and the basic insurance contract, this book is suitable for both the inexperienced claims professional and the seasoned veteran. It is also the perfect "starting point" for any research or litigation briefing by trial lawyers, defense counsel, or in-house insurance counsel. It is a must for anyone with multi-state responsibilities. Fundamentals of Insurance Coverage in All 50 States compile all of the relevant law, regulations and case decisions from all 50 states into one easy to understand and easy to use reference book, the first place a lawyer or claims handler should turn when coverage matters rear their ugly heads. The book intentionally omits references to federal law, which plays a very limited role in insurance regulation, except insofar as it may be necessary to clarify issues of state law. The book is a comprehensive treatment of all coverage issues that the average insurance lawyer, claims handler or supervisor might be expected to run across in any given situation. This one of a kind treatise covers the following issues in all 50 jurisdictions: • Understanding Contracts of Insurance • Law Governing Insurance Policies • Tackling Ambiguity and Interpretation of Policies • General Contract Rules for Interpretation • Rights and Obligations of Contracting Parties • Limitations of the "Construed against Drafter" Rule • The Extent of Risks and Coverages • Good Faith and Fair Dealing; Bad Faith • Basic Policy Defenses • Cooperation of the Insured • Failure to Pay Premiums • Environmental Issues and Related Insurance Law
Posted in Law

Life Insurance, 15th Ed.

Author: Jr Kenneth Black,Kenneth Black,Harold D. Skipper

Publisher: N.A

ISBN: 9780985876517

Category: Health insurance

Page: 848

View: 3607

This 15th edition of Life Insurance is published in recognition of the 100th anniversary of this book's first edition. That edition was published in 1915 and authored by Dr. Solomon S. Huebner, founder of the Wharton School's insurance program and of the Chartered Life Underwriter certification program. It was pioneering for setting out both insurance principles and practices in a single, expansive treatise aimed explicitly at students of the business, whether they were students in the traditional collegiate sense or those undertaking professional development studies. This edition continues that legacy. While the 14th edition represented a sweeping revision and was published not long ago, several factors compelled us to bring forward this edition. These included a desire to update several vitally important sections, such as the tax treatment of life insurance and the implementation of the Health Care and Affordability Act of 2010. We also discovered several portions of the 14th edition that needed clarification and others that benefitted from a deeper treatment. We also corrected several errors identified by helpful readers. The book's simple title, Life Insurance, should be understood in its broadest context to encompass insurance that (1) pays money on the death of an insured (i.e., mortality risks), (2) promises to pay while an insured is alive (i.e., longevity risks), and (3) promises payment or services to insureds in the event of incapacity, disability, or loss of health (i.e., morbidity risks). The book contains a heavy emphasize the economic and finance fundamentals that underpin life insurance theory and practice. The book is made more relevant to students and practitioners through its inclusion of the latest innovations in insurance products, their pricing, and their applications to individual, family, and business problem solving. Toward this end, the treatment of enterprise risk management has been deepened, in accordance with the increased understanding and emphasis occurring over the past two decades. The material is presented from the viewpoints of the buyer, the advisor, the insurer, and the regulator. Forthright appraisals are offered to the various life insurer products, with suggestions for how they and the companies and producers that sell them can be evaluated. Further, while the historical emphasis on U.S. practice is retained, international practices and terminology are presented throughout. Finally, entire chapters are devoted to explanations of how life insurance products (1) fit within a personal financial planning context, (2) are taxed, (3) are relevant in estate planning, (4) assist in retirement planning, and (5) find beneficial application in many business situations. Each of these chapters reflects the latest applications, law, and tax treatment, while essential theoretical and practical background information provides a stable and lasting learning platform.
Posted in Health insurance

Diderot on Art: The salon of 1767

Author: Denis Diderot

Publisher: Yale University Press

ISBN: 9780300059656

Category: Art

Page: 344

View: 9206

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.
Posted in Art

Delay, Deny, Defend

Why Insurance Companies Don't Pay Claim and What You Can DoAbout It

Author: Jay M. Feinman

Publisher: Penguin

ISBN: 1101196289

Category: Business & Economics

Page: 256

View: 3142

An expose of insurance injustice and a plan for consumers and lawmakers to fight it Over the last two decades, insurance has become less of a safety net and more of a spider's web: sticky and complicated, designed to ensnare as much as to aid. Insurance companies now often try to delay payment of justified claims, deny payment altogether, and defend these actions by forcing claimants to enter litigation. Jay M. Feinman, a legal scholar and insurance expert, explains how these trends developed, how the government ought to fix the system, and what the rest of us can do to protect ourselves. He shows that the denial of valid claims is not occasional or accidental or the fault of a few bad employees. It's the result of an increasing and systematic focus on maximizing profits by major companies such as Allstate and State Farm. Citing dozens of stories of victims who were unfairly denied payment, Feinman explains how people can be more cautious when shopping for policies and what to do when pursuing a disputed claim. He also lays out a plan for the legal reforms needed to prevent future abuses. This exposé will help drive the discussion of this increasingly hot- button issue.
Posted in Business & Economics

Deadly Spin

An Insurance Company Insider Speaks Out on How Corporate PR Is Killing Health Care and Deceiving Americans

Author: Wendell Potter

Publisher: Bloomsbury Publishing USA

ISBN: 9781608193509

Category: Political Science

Page: 304

View: 7368

That's how Wendell Potter introduced himself to a Senate committee in June 2009. He proceed to explain how insurance companies make promises they have no intention of keeping, how they flout regulations designed to protect consumers, and how they make it nearly impossible to understand information that the public needs. Potter quit his high-paid job as head of public relations at a major insurance corporation because he could no longer abide the routine practices of the insurance industry, policies that amounted to a death sentence for thousands of Americans every year. In Deadly Spin, Potter takes readers behind the scenes of the insurance industry to show how a huge chunk of our absurd healthcare expenditures actually bankrolls a propaganda campaign and lobbying effort focused on protecting one thing: profits. With the unique vantage of both a whistleblower and a high-powered former insider, Potter moves beyond the healthcare crisis to show how public relations works, and how it has come to play a massive, often insidious role in our political process-and our lives. This important and timely book tells Potter's remarkable personal story, but its larger goal is to explain how people like Potter, before his change of heart, can get the public to think and act in ways that benefit big corporations-and the Wall Street money managers who own them.
Posted in Political Science

Insurance and the Law of Obligations

Author: Rob Merkin,Jenny Steele

Publisher: OUP Oxford

ISBN: 019150792X

Category: Law

Page: 464

View: 5940

It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
Posted in Law

What Money Can't Buy

The Moral Limits of Markets

Author: Michael J. Sandel

Publisher: Farrar, Straus and Giroux

ISBN: 1429942584

Category: Philosophy

Page: 256

View: 1597

Should we pay children to read books or to get good grades? Should we allow corporations to pay for the right to pollute the atmosphere? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars? Auctioning admission to elite universities? Selling citizenship to immigrants willing to pay? In What Money Can't Buy, Michael J. Sandel takes on one of the biggest ethical questions of our time: Is there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? In recent decades, market values have crowded out nonmarket norms in almost every aspect of life—medicine, education, government, law, art, sports, even family life and personal relations. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. Is this where we want to be?In his New York Times bestseller Justice, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes an essential discussion that we, in our market-driven age, need to have: What is the proper role of markets in a democratic society—and how can we protect the moral and civic goods that markets don't honor and that money can't buy?
Posted in Philosophy

Cases and Materials on Insurance Law

Author: Leo Martinez

Publisher: West Academic Publishing

ISBN: 9781634609760

Category:

Page: 970

View: 6516

This edition contains extensive updates, with many new cases relevant for students anxious to acquire practical knowledge that they can quickly put to use when they enter the profession. In addition to new cases, the Eighth Edition has been edited to add notes dealing with a variety of cutting edge issues. For example, Chapter 4 includes mention of an empirical study regarding punitive damage awards that exceed single digit ratios and the underlying rationale for such results. Chapter 5 augments its coverage of multi-insurer allocation of liability with notes on New York's Viking Pump case and Louisiana's Arceneaux case. Chapter 7 adds to its discussion of stranger-owned life insurance with a short comment on stranger initiated annuity transactions.
Posted in

Law for Business and Personal Use

Author: John Adamson

Publisher: Cengage Learning

ISBN: 0538445882

Category: Law

Page: 688

View: 7617

Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Posted in Law

Health Care Finance and the Mechanics of Insurance and Reimbursement

Author: Michael K. Harrington

Publisher: Jones & Bartlett Publishers

ISBN: 1284026124

Category: Business & Economics

Page: 375

View: 4044

Health Care Finance and the Mechanics of Insurance and Reimbursement stands apart from other texts on health care finance or health insurance, in that it specifically addresses the methods and process for reimbursement, including coding, reimbursement strategies, compliance, financial reporting, case mix index, and external auditing. With up-to-date coverage of the Affordable Care Act, this one-of-a-kind text will prepare health administration and health information management students with the necessary tools to successfully transition from the classroom to the health care facility. Some of the topics covered include: • Claims Processing • The Affordable Care Act • Medicare Prospective Payment System (Inpatient) • Medicare Outpatient Prospective Payment Systems (Non-Inpatient) • Coding for the Non-HIM Professional • Revenue Cycle Management • Healthcare Fraud and Abuse • Electronic Health Records and Meaningful Use • Government Incentive Programs • Recovery Audit Contractors Student & Instructor Resources: This text comes packaged with Navigate 2 Advantage Access, a comprehensive package of mobile-ready course materials including: Learn: A complete eBook with interactive tools Practice: A virtual Study Center with robust practice activities and flashcards Assess: A homework and testing Assessment center with prepopulated quizzes and examinations Analyze: Dashboards with learner and educator views that reports actionable data
Posted in Business & Economics

The Righteous Mind

Why Good People are Divided by Politics and Religion

Author: Jonathan Haidt

Publisher: Vintage

ISBN: 0307455777

Category: Philosophy

Page: 500

View: 1727

Presents a groundbreaking investigation into the origins of morality at the core of religion and politics, offering scholarly insight into the motivations behind cultural clashes that are polarizing America.
Posted in Philosophy

Social Health Insurance for Developing Nations

Author: R. Paul Shaw

Publisher: World Bank Publications

ISBN: 0821369504

Category: Business & Economics

Page: 172

View: 6816

Specialist groups have often advised health ministers and other decision makers in developing countries on the use of social health insurance (SHI) as a way of mobilizing revenue for health, reforming health sector performance, and providing universal coverage. This book reviews the specific design and implementation challenges facing SHI in low- and middle-income countries and presents case studies on Ghana, Kenya, Philippines, Colombia, and Thailand.
Posted in Business & Economics

Construction Law

An Introduction for Engineers, Architects, and Contractors

Author: Gail Kelley

Publisher: John Wiley & Sons

ISBN: 9781118229033

Category: Law

Page: 312

View: 2877

This work offers a comprehensive review of the US legal environment, both criminal and civil, focusing on the key legal concepts and issues applicable to a typical construction project.
Posted in Law

Boilerplate

The Fine Print, Vanishing Rights, and the Rule of Law

Author: Margaret Jane Radin

Publisher: Princeton University Press

ISBN: 069115533X

Category: Law

Page: 339

View: 9493

"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University "This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago "This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law "When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School "This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law "Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law
Posted in Law

The Color of Law: A Forgotten History of How Our Government Segregated America

Author: Richard Rothstein

Publisher: Liveright Publishing

ISBN: 1631492861

Category: Social Science

Page: 336

View: 654

"Rothstein has presented what I consider to be the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation." —William Julius Wilson In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America’s cities came to be racially divided through de facto segregation—that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day. Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north. As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods. The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.
Posted in Social Science