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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.
Tom Baker, a highly regarded teacher and scholar on the faculty of both Penn Law and Wharton demonstrates the big picture in insurance law and policy, exploring federal-state regulatory roles in depth as well as the traditional topics covered in the 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. Here is a text that appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course. The Third Edition welcomes new co-author Kyle Logue, who, along with Tom Baker, is a Reporter for the new ALI Principles of Liability Insurance Project. A new and improved ERISA unit incorporates recent Supreme Court decisions. Relevant new material from the Affordable Care Act informs the discussion of health insurance. The Third Edition makes extensive use of the ALI Principles of Liability Insurance Project, with black letter rules presented through problems. Judicious pruning of notes, problems, and cases to allows room for recent developments in case law and insurance regulation. Features: stellar authorship in Tom Baker highly regarded teacher and scholar on the faculty of both Penn Law and Wharton focus on the big picture--federal-state regulatory roles and traditional insurance topics more statutory materials than other casebooks, typically presented through problems structured to contain one major case followed by informative notes, questions and a problem appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course introductory essay for new Insurance Law teachers case briefs and suggestions for how to teach cases descriptions of the commercial backgrounds of selected cases simple diagrams that explain complex issues Thoroughly updated, the revised Third Edition presents: new co-author Kyle Logue, Reporter for the new ALI Principles of Liability Insurance Project a new and improved ERISA unit, incorporating recent Supreme Court decisions relevant materials from the Affordable Care Act in the health insurance material extensive use of the ALI Principles of Liability Insurance Project, with black letter rules presented through problems judicious editing of notes, problems, and cases to spotlight recent developments in case law and insurance regulation
This book provides a comprehensive collection of Cases and Materials On Marine Insurance Law. The sources included here are not always readily accessible. Each chapter is introduced with a brief resume of the general principles,before the facts of each case are summarised and the extracts of the relevant parts of judgments reproduced. The significance of the judicial extracts, the statutory materials and standard terms are then discussed with particular emphasis on important and problematical areas of the law.This book will be indispensable not only to postgraduate students of law, in-house lawyers, insurance brokers and claims adjusters, but also to students of maritime studies, legal practitioners and a wide range of professionals within the shipping industry who may wish to have at hand a convenient source of information. Whilst the book is a companion to the authors The Law of Marine Insurance, it is also structured to stand as a marine insurance text in its own right.
This book is intended as a complement to the authors' Insurance Law: Doctrines and Principles,following its general pattern but integrating the jurisprudence from other common law jurisdictions, particularly the USA, as a means of demonstrating how problems which have long confronted the English courts frequently receive different legislative/judicial responses elsewhere. Although the emphasis of the book lies with the case law spanning some two centuries, the authors introduce each section with a brief narrative designed to focus the reader's attention as he or she works through the cases. A critical approach is adopted and emphasis is given to major journal articles and to the current UK and EU reform agenda. Readership: undergraduates, external students taking the London LL.M Insurance Law course, CII candidates and those who lack access to a law library.
Many Americans believe that people who lack health insurance somehow get the care they really need. Care Without Coverage examines the real consequences for adults who lack health insurance. The study presents findings in the areas of prevention and screening, cancer, chronic illness, hospital-based care, and general health status. The committee looked at the consequences of being uninsured for people suffering from cancer, diabetes, HIV infection and AIDS, heart and kidney disease, mental illness, traumatic injuries, and heart attacks. It focused on the roughly 30 million-one in seven-working-age Americans without health insurance. This group does not include the population over 65 that is covered by Medicare or the nearly 10 million children who are uninsured in this country. The main findings of the report are that working-age Americans without health insurance are more likely to receive too little medical care and receive it too late; be sicker and die sooner; and receive poorer care when they are in the hospital, even for acute situations like a motor vehicle crash.
This comprehensive paperback contains thorough and practical discussions of such important issues as the changes in personal injury protection under the 1990 amendments to the PIP law, the interplay of PIP, health insurance and workman's compensation coverage, the litigation implications of the differing tort threshold provisions, the rules for determining whether a motorist is uninsured or underinsured under the UM/UIM clauses, the rights and remedies of insurers and insureds when multiple uninsured / underinsured policies are potentially involved in a claim, and much more. The easy-to-carry and easy-to-use text includes: Current statutory provisions regulating no fault, uninsured and underinsured motorist coverage, including the "Fair Automobile Insurance Reform Act of 1990". Practical tips on prosecuting, defending and arbitrating claims for personal injury and property Up-to-the-minute guide for all the case law interpreting and applying the legislative enactments. damage under the statutory scheme. With Full Text of Relevant Statutory and Regulatory Provisions
Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators and judges have adequate access to comparative state-law research. This book is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes. The Second Edition includes nearly 800 new cases covering all 50 states and the District of Columbia, and adds a new chapter addressing Coverage for Pre-Tender Defense Costs.