Understanding Insurance Law,9780820524672

Understanding Insurance Law

by
ISBN13: 9780820524672
ISBN10: 0820524670
Format: Paperback
Pub. Date: 1996-06-01
Publisher(s): Lexis Nexis Matthew Bender
List Price: $43.22

Buy New

Usually Ships in 5-7 Business Days
$41.16
Add to Cart

Rent Textbook

Select for Price
Add to Cart
There was a problem. Please try again later.

Used Textbook

We're Sorry
Sold Out

eTextbook

We're Sorry
Not Available

Buy from our Marketplace starting at $13.20

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Table of Contents

Introduction 1(1)
Why Study Insurance Law?
1(2)
The Outline of This Book
3(1)
Sources for Further Study
4(7)
Multivolume Treatises: General
4(1)
Multivolume Treatises: Specialized
4(1)
One-Volume Treatises: General
4(1)
One-Volume Treatises: Specialized
5(1)
Casebooks
5(1)
Case Reporting Services and Other Research Aids
6(1)
Periodicals
6(1)
One-Volume Works on the Insurance Industry and the Insurance Business
6(1)
Other Written Materials
7(1)
Electronic Data Resources
7(4)
PART A WHAT IS INSURANCE LAW?
What Is Insurance?
Defining Insurance
11(6)
The Nature of Risk
11(1)
Coping with Risk
11(2)
The Economics of Transferring and Distributing Risk
13(1)
The Value of Transferring Risk
13(1)
Economic Effects of the Transfer and Distribution of Risk
14(2)
A Definition
16(1)
A Brief Historical Overview
17(3)
The ``Business of Insurance''
20(5)
State Statutory Definitions
20(4)
The McCarran-Ferguson Act Definition
24(1)
Self-Insurance as the ``Business of Insurance''
24(1)
Classification of Insurance
25(1)
Classification by Nature of the Risk
26(14)
Marine and Inland Marine
26(1)
Life Insurance
27(1)
Term versus Whole-Life
27(4)
Other Categories of Life Insurance
31(2)
Annuities
33(2)
Life Insurance and Taxes
35(1)
Fire and Casualty Insurance
36(2)
Other Kinds of Insurance
38(1)
First-Party versus Third-Party Insurance
38(1)
A Trend Toward Reclassification?
39(1)
Classification by Nature of the Insurer
40(9)
Stock versus Mutual Companies
41(1)
Lloyd's Syndicates
41(4)
Fraternal Benefit Organizations
45(1)
Other Private Insurance Entities
45(1)
Government Insurance
46(3)
Classification by Nature of Marketing
49(2)
Sources of Insurance Law
The Rationale for Regulation: Generally
51(3)
Legislative Regulation: State versus Federal Control
54(30)
The Origins of the McCarran-Ferguson Act
54(3)
The Substance of the McCarran-Ferguson Act
57(1)
The Effects of the McCarran-Ferguson Act
58(1)
Current Status of the State-Federal Accommodation
59(1)
The ``Business of Insurance''
60(6)
The ``Specifically Relates'' Exception
66(1)
The Existence of a Conflict Between Federal and State Law
67(2)
Federal Antitrust Law and State Regulation
69(2)
The Boycott, Coercion, and Intimidation Exception
71(3)
The Future of the State-Federal Accommodation
74(1)
State-Federal Accommodation Issues Arising Under ERISA
75(9)
The State Regulatory Framework: Statutory Controls
84(14)
Objectives of State Regulation
85(1)
Rate Regulation
85(4)
Insurer Solvency
89(2)
Unfair Practices and Insurer Overreaching
91(2)
Coverage
93(2)
Deregulation: A Realistic Alternative?
95(3)
State Regulation: Administrative Controls
98(4)
The Department of Insurance
98(1)
National Association of Insurance Commissioners
99(1)
How Effective Is State Regulation?
100(2)
Case Studies in Regulation
102(21)
The Controversy over Gender-Based Rating
102(1)
Gender and Risk
102(1)
The Supreme Court's Title VII Cases and Their Reach
103(1)
The Proposed Federal Legislation
104(1)
Is Gender-Based Rating Discriminating or Discriminatory?
104(2)
State versus Federal Regulation
106(1)
Unisex Insurance and Its Effect on the Marketplace
107(2)
AIDS and Insurance Underwriting
109(9)
Genetic Screening and Insurance Underwriting
118(4)
A Concluding Thought on the Nature of Insurance
122(1)
Judicial Regulation
123(2)
Courts as Regulation
123(1)
The Interplay Between Legislative and Judicial Regulation
123(2)
Contract Interpretation
125(13)
Kinds and Causes of Imprecision in Contracts
126(3)
General Principles of Contract Interpretation
129(5)
Interpretation of Insurance Contracts
134(2)
The Role of Drafting History
136(2)
Judicial Interpretation of Statutory Requirements
138(1)
Insurance Policies as Adhesion Contracts
139(2)
The Doctrine of Reasonable Expectations
141(6)
Waiver and Estoppel
147(3)
The Terminology
147(1)
Common Uses of the Doctrines
148(1)
Limitations on the Doctrines
149(1)
Implied Warranty
150(1)
Insurers' Liability for Bad Faith
151(11)
The Early History of Bad Faith
152(1)
Bad Faith in Third-Party Insurance
153(3)
Bad Faith in First-Party Cases
156(2)
Current Contours of Bad Faith
158(1)
ERISA Preemption
158(1)
Nature of Misbehavior Required to Constitute Bad Faith
159(2)
Statutory Penalties and Related Remedies
161(1)
Reverse Bad Faith
161(1)
Reformation
162(1)
The Policing Effect of the Absent Policy Defense
163(6)
PART B ESTABLISHING THE CONTRACTUAL RELATIONSHIP
Contract Formation
The Process of Contract Formation: An Overview
169(2)
The Legal Requirements for Forming a Contract
171(7)
Offer and Acceptance
171(3)
Consideration
174(1)
Capacity
174(1)
The Writing Requirement
175(2)
Public Policy
177(1)
Some Troublespots in the Process of Contract Formation
178(14)
Insurer's Delay in Responding to the Application
178(4)
The Insured's Duty to Read the Policy
182(2)
The Insurer's Duty to Explain the Policy
184(5)
The Role of Standardization and the Use of Forms
189(1)
Vending Machine Marketing
189(3)
The Binder
192(8)
Nature and Purposes
192(1)
Oral Binders
193(1)
Types of Binders
194(2)
Judicial Regulation of Binders
196(4)
Delivery of the Policy
200(3)
The Event and Its Purpose
200(1)
Constructive Delivery
200(1)
Good Health Clauses and Other Conditions on the Effectiveness of Delivery
201(2)
The Intermediary's Role in Contract Formation
203(26)
Overview
203(1)
General Principles of Agency
204(1)
General Agency Principles in the Context of Insurance
205(1)
Types of Agents
206(1)
Agents versus Brokers
207(2)
Liability of Agents to Brokers
209(1)
Liability of Agents to Insured
209(1)
Liability of Agents or Broker to Insured or Applicant
210(1)
The Professional's Duty of Care
211(1)
Liability of Agents or Brokers to Insured for Failure to Provide Proper Advice
211(4)
Liability of Agents or Brokers to Insured for Failure to Procure Insurance
215(3)
Liability for Placing Insurance with Insolvent or Unauthorized Insurer
218(2)
An Aside on the Duty to Procure: Obligations of Those Outside the Insurance Business to Procure Insurance
220(2)
Liability of Agent or Broker to Third Party
222(1)
Liability of Insurer to Agent or Broker for Damages Caused by Insurer's Nonpayment of Proceeds
223(1)
Ability of Intermediary to Bind Insurer
224(1)
Power of Intermediary to Contract on Insurer's Behalf
225(1)
Ability of Intermediary to Modify or Alter Coverage
226(1)
Effect of Misstatements on Application Prepared by Agent
226(1)
Legal Effect of Liminations on Powers in Application or Policy
227(2)
Effect of Giving Notice to Intermediary
229(1)
Conflict of Laws
229(4)
The Insurable Interest Requirement
Origins and Purposes of the Insurable Interest Requirement
233(4)
Relationship of the Insurable Interest Requirement to the Principle of Indemnity
237(1)
Property Insurance and the Insurable Interest Requirement
238(12)
Legal Interest versus Factural Expectancy: The Early English Cases
238(4)
The Legal Interest Test
242(1)
Property Rights
243(2)
Contract Rights
245(1)
Legal Liability
246(1)
The Factual Expectancy Test
247(3)
Life Insurance and the Insurable Interest Requirement
250(5)
Timing: When Must the Insurable Interest Exist?
255(3)
Property Insurance
255(1)
Life Insurance
256(1)
Liability Insurance
257(1)
Waiver and Estoppel: Preventing and Insurer from Denying the Existence of an Insurable Interest
258(2)
Property Insurance and the Insurable Interest Requirement: Some Troublespots
260(4)
Stolen Property
260(2)
Property with a ``Negative'' Value
262(2)
Life Insurance and the Insurable Interest Requirement: Some Troublespots
264(9)
Assigning a Life Insurance Policy to One Lacking an Insurable Interest
264(1)
Standing to Question Insurable Interest
265(2)
Incontestability Clauses
267(1)
Tort Liability for Inssuing Policy to One Lacking an Interest in the Insured's Life and the Role of Consent
268(3)
Insurable Interest in Industrial Life Insurance
271(2)
Scope of Obligations: Persons and Interests Protected
The Meaning of ``Insured''
273(1)
Identifying the Insured (or Payee)
273(9)
Specific Designations
273(1)
The Omnibus Clause and Omnibus Coverage
274(8)
The ``Loss Payable'' Clause
282(1)
The Interests in a Life Insurance Policy
282(1)
Beneficiaries Under Life Insurance Policies
283(20)
When the Beneficiary's Rights Vest
283(1)
Naming and Designating the Beneficiary
284(3)
Changing the Beneficiary
287(4)
Claims to Proceeds
291(1)
Creditor versus Beneficiary
291(2)
Creditor as Beneficiary
293(1)
Trustee in Bankruptcy versus Beneficiary
293(1)
Assignee versus Beneficiary
293(3)
Disqualification of the Beneficiary
296(3)
Community Property Laws
299(2)
The Common Disaster Problem
301(2)
Payment to Wrong Beneficiary
303(1)
Assigness
303(4)
Overview: The Nature of an Assignment
303(1)
Assignment of Right to Proceeds versus Assignment of Entire Policy
304(1)
Assignment in Property and Liability Insurance
304(2)
Assignment in Life Insurance
306(1)
Special Problems in Property Insurance
307(1)
Mortgages and Conditional Sales
307(13)
The Standard Mortgage Clause
307(4)
The Open Mortgage Clause
311(1)
Speical Problems in Applying the Standard Mortgage Clause
312(1)
Mortgagee's Right to Satisfaction of Debt
312(4)
Right of Mortgagee to Assign Interest in Policy to Successor Mortgagee
316(1)
Effect of Mortgagee's Foreclosure on Insured Property
316(3)
Reimbursing a Partial Loss When the Mortgagor is Disqualified from Coverage
319(1)
The Unnamed Mortgage
320(1)
Vendor-Purchaser Transactions
320(6)
Mortgages and Real Estate Sales: An Observation
326(2)
Life Tenant-Remainderman
328(1)
Lessor-Lessee
329(2)
Transactions in Goods
331(3)
Bailments
334(3)
Scope of Obligations: The Risks Covered
The Scope of Coverage
337(1)
All-Risk versus Specified-Risk Coverage
337(3)
The Nature of Coverage Provisions
340(4)
The Personal Nature of Insurance
340(1)
An Overview of the Various Kinds of Common Coverages
341(3)
Expanding Coverage Beyond the Policy's Literal Language
344(8)
Creating Coverage Through Estoppel
344(5)
Other Doctrines
349(1)
The Parol Evidence Rule
349(3)
Limitations on Coverage: Generally
352(1)
Explicit Limitation: Duration of Coverage
352(18)
Commencement of Coverage
352(2)
Termination of Coverage
354(1)
Cancellation of Coverage
355(1)
General Principles
355(1)
Unilateral Cancellation
356(2)
Statutory Canellation Procedures
358(3)
Public Policy Restrictions on Cancellation by the Insurer
361(2)
Reinstatement
363(1)
Defining the Time During Which Loss Must Be Suffered
364(6)
Conditions as Explicit Limitations on Coverage
370(12)
An Overview
370(1)
Evidentiary Conditions
371(4)
Some Common Conditions and Their Legal Effects
375(1)
Increase of Hazard Clauses
375(3)
Reporting Conditions
378(1)
Vacancy and Occupancy Clauses
379(3)
Intentional Conduct: An Overview
382(2)
Intentional Conduct and Property Insurance
384(4)
Intentional Conduct and Personal Insurance: Life and Accidental Death
388(12)
Suicide
388(2)
Death While Intentionally Involved in Unlawful Conduct
390(4)
Execution of Insured
394(1)
Accidental Death Benefit: Distinguishing Intentional Acts and Accidents
395(5)
Intentional Conduct and Liability Insurance
400(13)
``Intended'' and ``Expected''
401(2)
``Intended'' Construed
403(6)
Self-Defense
409(1)
Diminished Mental Capacity
410(3)
Particular Coverage Issues in Personal Insurance
413(27)
Life Insurance
413(1)
Accidental Death: Defining ``Accident''
413(6)
Accidental Death: Limits on the Time Between the Accident and the Death
419(2)
Disability Insurance
421(3)
Health Insurance
424(1)
Health Insurance and Health Care Reform
425(4)
Pre-Existing Conditions
429(2)
Experimental Treatments
431(2)
Medically Necessary Services
433(4)
Mandated Coverages
437(3)
Special Coverage Problems in Liability Insurance
440(37)
The Scope of the CGL
440(3)
The Meaning of Occurrence
443(1)
Problems With the Word ``Accident''
443(4)
Problems of Multiple Losses From a Single Cause
447(4)
Problems of What Triggers Coverage
451(8)
Problems of Environmental Liability
459(1)
The Regulatory Context
459(1)
The ``As Damages'' Issue
460(1)
The Voluntary Cleanup Issue
461(1)
PRP Letters and the Duty to Defend
462(1)
The Existence of an Occurrence
462(1)
The Pollution Exclusions
463(7)
The Owned-Property Exclusion
470(1)
Coverage of Punitive Damages Assessed Against the Insured
471(6)
Particular Coverage Issues in Property Insurance: The Friendly Fire Rule
477(5)
Coverage of Remote or Distant Causes of Loss
482(25)
The Basic Problem
482(2)
The Doctrine of Efficient or Predominant Cause
484(5)
The Liberal View of Causation
489(2)
The Conservative View of Causation
491(3)
Other Causation Frameworks
494(1)
The Patterson Framework
494(3)
The Brewer Framework
497(1)
A Dual-Filter Approach to Causation
498(3)
Problems With the Term ``Proximate''
501(2)
Summary
503(4)
PART C PERFORMING THE CONTRACTUAL OBLIGATIONS
The Insured's Duty to Pay Premiums
Nature of the Obligation to Pay Premiums
507(2)
The Nature of a ``Premium''
507(1)
The ``Duty'' to Pay Premiums
508(1)
Installment Premium Financing
508(1)
The Necessity of Paying the Premium
509(8)
Generally
509(1)
Conclusiveness of Representation in Policy that First Premium Has Been Paid
509(1)
Necessity of Paying Premium Before Loss
510(2)
Mode of Paying Premiums
512(1)
Time for Payment
513(3)
Timeliness of Payment
516(1)
Grace Periods
517(2)
Automatic Premium Payments Through Financial Institutions: Special Problems
519(4)
The Mechanics of Claim Presentation
Overview
523(1)
Notice of Loss Provisions
523(11)
Purpose of the Notice of Loss Provision
523(1)
Manner of Giving Notice
524(2)
When Notice Is Due
526(2)
Excuses for Noncompliance
528(1)
Effect of Noncompliance
529(5)
Proof of Loss
534(7)
Overview
534(1)
Substantive Requirements
534(2)
Effect of Noncompliance
536(1)
False Swearing
537(4)
Disposition of Claims: Alternatives to Litigation
541(2)
Appraisal (Property Insurance)
541(1)
Arbitration
541(2)
Disposition of Claims: Litigation
543(8)
Timeliness of the Suit Against the Insurer
543(5)
No-Action Clauses and Direct Action Statutes
548(3)
The Insured's Duty to Cooperate With the Insurer
551(8)
Duties, Conditions, Express and Implied Terms
551(1)
Generally
551(1)
As Applied to Insurance
552(1)
What Constitutes Noncooperation
553(1)
When Noncooperation Gives the Insurer a Valid Defense
554(5)
The Insurer's Duty to Pay Proceeds
Source of the Duty
559(1)
Failure of the Insured to Mitigate the Amount the Loss
559(5)
Measuring the Amount of the Loss: Marine Insurance
564(6)
Total Loss, Partial Loss, and ``Average''
565(1)
General Average
566(1)
A General Formula
567(2)
Particular Average
569(1)
The ``Memorandum''
569(1)
Measuring the Amount of the Loss: Property Insurance
570(22)
The Principle of Indemnity
570(4)
Coinsurance Requirements
574(5)
Valued Policies
579(2)
``Actual Cash Value''
581(1)
Replacement Cost Less Depreciation
582(1)
Market Value
582(2)
Replacement Cost
584(1)
Broad Evidence Rule
585(1)
Choosing a Measure: Some Problems
586(1)
Used Goods
586(1)
Appreciated Property
587(1)
Obsolescent Property
588(1)
Coinsurance Calculations
589(1)
Interest
590(2)
Measuring the Amount of Loss: Personal Insurance
592(4)
Generally
592(1)
Accelerated Benefits in Life Insurance
593(3)
Measuring the Amount of Loss: Liability Insurance
596(4)
Generally
596(1)
Interest, Expenses, and Costs
596(1)
Insolvency Clauses and Statutes
597(1)
Immunity of Insureds
597(3)
The Insurer's Right of Subrogation
600(27)
Overview
600(2)
Equitable versus Conventional Subrogation
602(2)
Existence or Nonexistence of Subrogation by Line of Insurance
604(1)
The Requirement that the Insurer Must Have Paid the Debt
605(6)
The Requirement that the Insurer Must Not Be a Volunteer
611(1)
Subrogation Against Insured Not Allowed
612(1)
Defenses to Subrogation and the Effect of Releases on Coverage
613(1)
The General Rule Regarding Defenses
613(1)
Release of Tortfeasor Prior to Loss
614(3)
Release of Tortfeasor After Loss
617(2)
Summary
619(1)
Parties in Interest
620(2)
Loan Receipts
622(5)
Other Insurance Clauses
627(24)
Overview
627(1)
Other Insurance Clauses in Personal Insurance
628(1)
Types of Other Insurance Clauses
629(3)
Conflicts Among Other Insurance Clauses and Other Problems of Enforcement
632(2)
Pro Rata Clause versus Excess (or Escape) Clause
634(2)
Excess versus Excess (and Escape versus Escape)
636(2)
Excess versus Escape
638(1)
The Problem of Secondary or ``True Excess'' Coverage
639(2)
Impact of Insolvency of Primary Insurer
641(1)
Toward a Solution
642(1)
Proration Formulas
643(2)
Some Additional Troublespots
645(1)
Sharing Defense Costs
645(1)
Invalidity of Otherwise Collectible ``Other Insurance'' Due to Act or Neglect of Insured
646(1)
Self-Insurance as ``Other Insurance''
647(1)
Deductibles and Coinsurance Requirements
647(4)
Resolving Disputes on Who Gets the Proceeds: The Interpleader Remedy
651(3)
Remedies for the Insurer's Breach of the Duty to Pay Proceeds
654(9)
General Contract Remedies
654(1)
Loss of the Bargain
654(1)
Other Loss
655(1)
Attorney's Fees and Penalties
656(1)
Punitive Damages
657(1)
Tort Remedies
657(1)
Effect of Mistaken Payment by the Insurer
658(5)
Excuses for the Insurer's Nonperformance
Generally
663(1)
Insured's Breach of Warranty
663(19)
Definition
663(1)
Creation of a Warranty
664(1)
Effect of Noncompliance with a Warranty
665(2)
Warranties versus Representations
667(2)
Mitigating Doctrines
669(1)
Affirmative versus Promissory Warranties
669(1)
Judicial Interpretation
670(3)
Statutory Mitigation
673(4)
Is Mitigation Appropriate?
677(1)
The Distinction between Warranties and Coverage Provisions
678(4)
Insured's Misrepresentation
682(15)
A General Rule
682(1)
Representation versus Warranty
683(1)
The Requirement That the Representation Be Untrue or Misleading
684(2)
Materiality
686(4)
Reliance
690(1)
Intent and Its Relation to Materiality and Reliance
691(1)
Misrepresentation of Age in Life Insurance
692(1)
Statutory Regulation
693(1)
The Obligation to Correct Misrepresentations
694(2)
How Much Regulation of the Defense is Appropriate?
696(1)
Insured's Concealment
697(5)
Overview: Distinguishing Misrepresentation from Concealment
697(1)
The General Rule
698(2)
Materiality
700(1)
Intent
700(1)
A Continuing Obligation
701(1)
Justifications for Not Disclosing Material Information
701(1)
Limitations on the Insurer's Defenses
702(1)
Waiver and Estoppel
702(1)
Incontestability
703(11)
Overview
703(1)
Scope of Incontestability Clauses
704(1)
Temporal Scope
704(1)
Coverage versus Validity
705(1)
Void Ab Initio Versus Voidable
706(1)
Exceptions versus Conditions
707(1)
Incontestability and the Defense of Fraud
707(2)
Troublespots
709(1)
Reinstatement and Renewal
709(1)
Group Insurance
710(4)
Divisibility or Severability
714(5)
The Additional Duties in Third-Party Insurance
The Insured's Duty to Cooperate and Assist in the Defense
719(10)
Overview
719(1)
The Reciprocal Nature of the Insurer's Duties and the Insured's Duty to Cooperate
720(4)
Materiality and Prejudice
724(2)
Burden of Proof
726(1)
Common Instances of Noncooperation
726(1)
Insured's Absence from Trial or Other Proceeding
726(1)
Making False Statements to the Insurer
727(1)
Collusion
728(1)
Noncooperation and Compulsory Insurance
728(1)
The Insurer's Duty to Defend
729(34)
Source of the Duty
729(3)
To Whom Is the Duty Owed?
732(1)
The Tests for Whether the Insurer Must Defend a Particular Claim
733(1)
The General Rule
734(1)
Evidence Extrinsic to the Complaint
734(2)
Ambiguous Claims
736(1)
Complaint Containing Claims Within Coverage and Claims Outside Coverage
737(3)
Narrowing the Duty When a Fact Issue Dispositive of Coverage Will Not Be Resolved in the Underlying Action
740(4)
Triggering the Duty to Defend: When Does the Duty Exist?
744(1)
Premature Termination of the Duty to Defend
745(1)
Discovery of Facts That Negate Coverage
745(1)
Terminating the Duty to Defend by Paying the Policy Limits
746(4)
Disclaiming Coverage
750(1)
Standard of Conduct: The Duty of Care
751(1)
Remedies for Breach of the Duty to Defend
752(1)
Attorney's Fees and Other Costs Incurred in Defending the Underlying Action
752(1)
Excess Judgment
752(2)
Attorney's Fees in the Insured's Action Against the Insurer's Declaratory Judgment Action
754(1)
Tort Damages
755(1)
Liability for the Insured's Settlement of the Underlying Action
756(2)
Breach of the Duty to Defend as an Estoppel to the Insurer's Denial of Coverage
758(2)
Other Consequences of Breaching the Duty to Defend
760(1)
The Insured's Duty to Mitigate Damages When the Insurer Breaches the Duty to Defend
760(2)
``Defense Within Limits'' Politices
762(1)
Settlement Obligations
763(13)
Insured's Settlement Without Insurer's Consent
764(1)
The Standard for Determining the Nature of the Insurer's Duty to Settle
765(1)
The Reasonable-Offer Test
765(2)
The Strict Liability Alternative
767(2)
Source of the Insurer's Obligation: Tort or Contract?
769(2)
Insurer Conduct Constituting Breach of the Duty to Settle
771(1)
The Mechanics of Handling Settlement Offers
772(1)
Remedies for Breach of the Duty to Settle
773(1)
Effect of Breaching the Duty to Defend on the Duty to Settle
774(2)
A Duty to Mitigate?
776(1)
The Insurer's Duty With Regard to Appeals
776(3)
Conflicts of Interest
779(40)
Overview
779(3)
The Basic Alternatives: To Whom Is Loyalty Owed?
782(1)
The Dual Representation Model
782(3)
What Happens When Dual Representation Is No Longer Possible?
785(1)
Assessing the Dual Representation and One-Client Models
786(5)
A Concluding Thought
791(2)
Managing Conflicting Interests
793(1)
The ``Do Nothing'' Alternative
793(1)
The ``Abandon the Insured'' Alternative
794(1)
The Nonwaiver Agreement and Reservation of Rights Notice
795(3)
Declaratory Judgment
798(2)
Joint Lawsuit to Determine Coverage and the Validity of the Plaintiff's Claim
800(1)
Separate or Independent Counsel for Insured
801(1)
The Separate Counsel Approach
801(1)
Independent Counsel for Insured
801(6)
Particular Conflicts and Their Resolution
807(1)
Claims Exceeding the Policy Limits
807(2)
Insured's Noncooperation
809(5)
Disclosure of Information by Insured Inconsistent with Insurer's Obligation
814(2)
Common Issue Cases
816(1)
Multiple Insureds with Conflicting Interests
817(2)
Insured's Counterclaims
819(1)
Problems of Primary versus Excess Coverage
819(8)
Some ``Guiding Principles''
820(1)
The Primary Insurer's Duty and Its Source
821(1)
Allocating Defense Costs Between Primary and Excess Carrier
822(5)
PART D SOME REMAINING MATTERS
Group Insurance
Overview: The Nature of Group Insurance
827(1)
The Tripartite Contract: Problems of Agency
828(3)
Special Problems of Contract Interpretation
831(4)
The Problem of Multiple Documents
831(2)
The ``Actively at Work'' Problem
833(2)
Special Problems of Risk Control
835(1)
Termination and Modification
836(2)
Assignments; Changing the Beneficiary; Standing to Sue
838(1)
Legislation Affecting Group Insurance
839(4)
Automobile Insurance
Overview
843(1)
The History of Automobile Accident Compensation
843(6)
The Current Landscape for Compensating Automobile Accident Injuries
849(12)
The Traditional System
849(1)
Overview
849(1)
The Liability Insurance Component
849(1)
Financial Responsibility Requirements
849(2)
Observations
851(1)
Add-on-No-Fault
852(1)
True-No-Fault
852(2)
Choice Systems
854(1)
Possible Future Developments
855(1)
Preceptions of the Current System
855(1)
Second-Generation No-Fault Proposals
856(3)
Applying No-Fault Beyond the Motor Vehicle Setting: Neo-No-Fault Proposals
859(2)
Compulsory Liability Insurance and Financial Responsibility Insurance: Some Additional Issues
861(5)
The Problem of Intenational Conduct
861(2)
The Effect of the Insured's Bankruptcy on Victim Compensation
863(2)
Insurer's Defense Against Insured
865(1)
Uninsured and Underinsured Motorist Insurance
866(10)
Purpose
866(1)
Nature of Uninsured Motorist Coverage
866(1)
Four Elements of Coverage
866(1)
The ``Legally Entitled'' Requirement and Immunity
867(1)
Exclusions
868(2)
Hit-and-Run Acciddents
870(5)
The Nature of Underinsured Coverage
875(1)
Property Coverage in Automobile Insurance
876(2)
Other Issues in Automobile Insurance
878(1)
What Constitutes ``Use'' of an Automobile
878(9)
What Constitutes ``Ownership''
887(2)
The Family (or Household) Exclusion
889(3)
Stacking of Automobile Insurance Benefits
892(5)
Overview
892(1)
Liability Insurance
893(1)
Uninsured Motorist Insurance
893(2)
No-Fault Coverages
895(2)
Reinsurance
Overview
897(3)
Definition
897(1)
Types of Reinsurance Arrangements and Coverage
898(2)
Purposes
900(1)
Legal Issues Involving Reinsurance
901
Insurable Interest
901
Insolvency of the Primary Insurer
902
Reinsurer's Defenses and the Duty of Utmost Good Faith
903
Rights of Original Insured Against Reinsurer
903
``Following the Fortunes''
904
Table of Cases TC-1
Index I-1

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.