Author: John F. Dobbyn,Christopher French
Publisher: West Academic Publishing
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.
Cases and Materials
Author: Tom Baker,Kyle D. Logue
Publisher: Wolters Kluwer Law & Business
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.
Author: Jeffrey W. Stempel,Peter N. Swisher,Erik S. Knutsen
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.
Author: Kenneth Abraham
Publisher: Foundation Press
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.
Author: Bradley W. Matthiesen,Gary L. Wickert,Douglas W. Lehrer
Publisher: Juris Publishing, Inc.
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
Author: Jr Kenneth Black,Kenneth Black,Harold D. Skipper
Category: Health insurance
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.
Author: Rob Merkin,Jenny Steele
Publisher: OUP Oxford
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.
Author: Denis Diderot
Publisher: Yale University Press
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.
The Moral Limits of Markets
Author: Michael J. Sandel
Publisher: Farrar, Straus and Giroux
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?
What It Is, Why It's Necessary, How It Works
Author: Jonathan Gruber
Category: Comics & Graphic Novels
"A graphic explanation of the PPACA act"--Provided by publisher.
Author: Leo Martinez
Publisher: West Academic Publishing
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.
Why Good People are Divided by Politics and Religion
Author: Jonathan Haidt
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.
The Remarkable Story of Risk
Author: Peter L. Bernstein
Publisher: John Wiley & Sons
Category: Business & Economics
A Business Week, New York Times Business, and USA Today Bestseller "Ambitious and readable . . . an engaging introduction to the oddsmakers, whom Bernstein regards as true humanists helping to release mankind from the choke holds of superstition and fatalism." -The New York Times "An extraordinarily entertaining and informative book." -The Wall Street Journal "A lively panoramic book . . . Against the Gods sets up an ambitious premise and then delivers on it." -Business Week "Deserves to be, and surely will be, widely read." -The Economist "[A] challenging book, one that may change forever the way people think about the world." -Worth "No one else could have written a book of such central importance with so much charm and excitement." -Robert Heilbroner author, The Worldly Philosophers "With his wonderful knowledge of the history and current manifestations of risk, Peter Bernstein brings us Against the Gods. Nothing like it will come out of the financial world this year or ever. I speak carefully: no one should miss it." -John Kenneth Galbraith Professor of Economics Emeritus, Harvard University In this unique exploration of the role of risk in our society, Peter Bernstein argues that the notion of bringing risk under control is one of the central ideas that distinguishes modern times from the distant past. Against the Gods chronicles the remarkable intellectual adventure that liberated humanity from oracles and soothsayers by means of the powerful tools of risk management that are available to us today. "An extremely readable history of risk." -Barron's "Fascinating . . . this challenging volume will help you understand the uncertainties that every investor must face." -Money "A singular achievement." -Times Literary Supplement "There's a growing market for savants who can render the recondite intelligibly-witness Stephen Jay Gould (natural history), Oliver Sacks (disease), Richard Dawkins (heredity), James Gleick (physics), Paul Krugman (economics)-and Bernstein would mingle well in their company." -The Australian
Author: Richard A. Mann,Barry S. Roberts
Publisher: Cengage Learning
Category: Business & Economics
Today’s most complete, credible, and authentic business law book, SMITH & ROBERSON'S BUSINESS LAW, 17E by Richard A. Mann and Barry S. Roberts continues a long tradition of accurate and consistent coverage of the latest issues and emerging trends. This updated classic delivers a detailed presentation of business law that covers all topics included in the business law section of the certified public accountant (CPA) exam. In addition, this book covers the legal responsibilities and liabilities of accountants and the corporate governance portion of business environment and concepts sections of the CPA exam. End-of-chapter cases offer a blend of landmark and current decisions edited to preserve a large portion of the language of the court. Proven, comprehensive, and up-to-date, this trusted book challenges and engages readers to ensure they gain a solid understanding of modern business law. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Richard Rothstein
Publisher: Liveright Publishing
Category: Social Science
"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.
Author: Jeff Hastings
Publisher: Chart House Press
Category: Business & Economics
There is more to selling insurance than writing policies. When done right, you can build a successful business that affords you a lifestyle most people only dream about. Why try to figure it out on your own when you can learn from someone who has already been there and done that? Jeff Hastings knows insurance, and he knows how to build a profitable business. Since starting as a file clerk with Farmers Insurance Group in 1985, Jeff has built an extraordinary business, consistently receiving top awards, including District Manager of the Year in 2005. He and the agents in his district have achieved phenomenal success, and now he shares the keys to their success with you. Many of the business tools you will need are included such as licensing guidelines, a business plan, employment contracts, an employee handbook, business forms and more. If you are serious about building your own insurance agency, So You Want to Be an Insurance Agent gives you a complete system to develop, manage and grow your business.