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| Past Issues |
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Volume 1 | Volume 2 | Volume 3:1 | Volume 3:2 | Volume 4:1 | Volume 4:2 |
| Volume 5:1 | Volume 5:2 | Volume 6:1 | Volume 6:2 | Volume 7:1 |
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Volume 7:2 | Volume 8:1 | Volume 8:2 |Volume 9:1 | Volume 9:2 |
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Volume 10:1 | Volume 10:2| Volume 11:1 | Volume 11:2| Volume 12:1 |
| ARTICLES |
| Is Insurance a Niche Business? Reflections on Information As an Insurance Product W.F. Young |
| Allowing Motorists a Choice to Be Legally Uninsured by Surrendering Tort Claims for Noneconomic Loss (With Some Further Thoughts on Choices Between PIP and Tort Coverage) Jeffrey O'Connell |
| Obligating Insurers to Inform Insureds About the Existence of Rights and Duties Regarding Coverage for Losses Alan I. Widiss |
| Visualizing Moral Hazard Seth J. Chandler |
| NOTES |
| Pleading the Policy Limit As a Special Defense: An Attempt to Clarify Connecticut Uninsured Motorist Coverage Kara A Murphy |
| Introducing Market Discipline into the Federal Deposit Insurance System: O'Melveny & Myers v. FDIC Jerrie L. Chiu |
| Liar's Poker: The Effect of Incontestability Clauses After Paul Revere Life Insurance Co. v. Haas Katherine Cooper |
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| ARTICLES |
| The Presence of Insurance and the Legal Allocation of Risk James M. Fischer |
| Fraud and the Incontestable Clause: A Modest Proposal for Change Robert R. Googins |
| The Introduction of the Tort System and Liability Insurance Regulation: Understanding Moral Hazard Seth J. Chandler |
| NOTE |
| John Hancock Mutual Life Insurance Company v. Harris Trust & Savings Bank: The Application of ERISA's Guaranteed Benefit Policy Exception to General Account Insurance Contracts Heather L. Wilson |
| COMMENTARIES |
| The Practical Effect of Extending Revocation by Divorce Statutes to Life Insurance Domenico Zaino, Jr. |
| The Paradox of Technological Progress in Health Insurance Contracts: "Experimental Treatment Clauses" and Breast Cancer Michael J. Brandi |
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| ARTICLES |
| Managed Care and the MEdical Profession: Old Issues and Old Tensions The Building Blocks of Tomorrow's Health Care Delivery and Financing System John G. Day |
| "Best Price" Clauses in Health Care Provider Contracts: An Anti-trust Critique Anthony J. Dennis |
| Priority Between Insurer and Insured in Subrogation Recoveries John Dwight Ingram |
| NOTE |
| Removing a Roadblock to Reforming Health Care: New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Company James Saya |
| COMMENTARIES |
| Additional Insured Status in Construction Contracts and Moral Hazard Samir B. Mehta |
| Health Care Reform in the 1990's: From the Clinton Plan to Kassebaum-Kennedy James Cordone |
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| ARTICLES |
| Redefining the Insurer's Duty to Defend Susan Randall |
| When Worlds Collide: The Intersection of Insurance and Motion Pictures Elizabeth O. Hubbart |
| Tobacco Related Litigation: How it May Impact the World's Insurance Industry Mitchell L. Lathrop |
| NOTE |
| Emphasizing Conduct over Context and Market Definition over Market Power: Short-Ter Strategic Anticompetitive Behavior Absolved in Blue Cross v. Marshfield Clinic Robert F. Goff |
| COMMENTARY |
| Software Tort: Evaluating Software Harm by Duty of Function and Form Donald R. Ballman |
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| SYMPOSIUM: Liability Insurance Conflicts and Professional Responsibility |
| ARTICLES |
| What Insurance Scholars Should Know About Professional Responsibility Thomas D. Morgan |
| What Professional Responsibility Scholars Should About Insurance Kent D. Syverud |
| Applying the Fundamentals of Lawyers' Ethics to Insurance Defense Practice Stephen L. Pepper |
| Insurance Defense Ethics and the Liability Insurance Bargain William T. Barker |
| Liability Insurance Conflicts and Defense Lawyers: From Triangles to Tetrahedrons Tom Baker |
| Consent, Contract, and the Responsibilities of Insurance Defense Counsel Robert H. Jerry, II |
| Flat Fees and Staff Attorneys: Unnecessary Causalities in the Continuing Battle over the Law Governing Insurance Defense Lawyers Charles Silver |
| The Ethical Duties of Insurance Defense Lawyers: Are Special Solutions Requires? Nancy J. Moore |
| Legal Malpractice Insurance and Loss Prevention: A Comparative Analysis of Economic Institutions George M. Cohen |
| Professional Responsibility, Legal Malpractice, and the Eternal Triangle: Will Lawyer or Insurers Call the Shots? David A. Hyman |
| AFTERWORD |
| Taking Professional Risks Robert E. Keetong |
| Symposium Transcripts from the Journals: Insurance Law Abstracts Jeffrey E. Thomas |
| Recent Case Developments Jeffrey W. Stempel |
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| ARTICLES |
| Concurrent Mediation of Liability and Insurance Coverage Disputes Ellen S. Pryor and Will Pryor |
| Driving Governmentality: Automobile Accidents, Insurance, and the Challenge to Social Order in the Inter-Way Years 1919-1941 Jonathan Simon |
| Preventing Inconsistencies in Litigation with a Spotlight on Insurance Coverage Litigation: The Doctrines of Judicial Estoppel, Equitable Estoppel, Quasi-Estoppel, Collateral Estoppel, "Mend the Hold," "Fraud on the Court" and Judicial and Evidentiary Admissions Eugene R. Anderson and Nadia V. Holober |
| NOTES AND COMMENTARIES |
| Homeowners Insurance Redlining: The Inadequacy of Federal Remedies and the Future of the Property Insurance Way William E. Murray |
| Must Insurers Treat All Illnesses Equally? - Mental vs. Physical Illness: Congressional And Administrative Failure to End Limitations to and Exclusions From Coverage for Mental Illness in Employer-Provided Health Benefits Under the Mental Health Parity Act and the Americans with Disabilities Act Maggie D. Gold |
| The Dealth of Death Futures?: The Effect of the Health Insurance Portability and Accountability Act of 1996 on the Insurance and Viatical Settlement Industries Andrew Spurrier |
| From the Journals: Insurance Law Abstracts Jeffrey E. Thomas |
| Recent Case Developments Jeffrey W. Stempel |
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| ARTICLES |
| Symposium Introduction Peter Nash Swisher |
| Insurance, Contract, and the Doctrine of Reasonable Expectations Robert H. Jerry, II |
| The Expectations Principle as a Regulative Ideal Kenneth S. Abraham |
| The Formulation of the Doctrine of Reasonable Expectations and the Influence of Forces Outside Insurance Law Roger C. Henderson |
| Reasonable Expectations Revisited Mark C. Rahdert |
| The Doctrine of Reasonable Expectations is Indispensable, If We Only Knew What For? James M. Fischer |
| Unmet Expectations: Undue Restriction of the Reasonable Expectations Approach and the Misleading Mythology of Judicial Role Jeffrey W. Stempel |
| An Interdisciplinary Critique of the Reasonable Expectations Doctrine Jeffrey E. Thomas |
| Why Courts Enforce Insurance Policyholders' Objectively Reasonable Expectations of Insurance Coverage Eugene R. Anderson and James J. Fournier |
| Reasonable Expectations After Thirty Years: A Failed Doctrine Susan M. Popik and Carol D. Quackenbos |
| The Doctrine of Reasonable Expectations in California: A Judge's View H. Walter Croskey |
| From the Journals: Insurance Law Abstracts Jeffrey E. Thomas |
| Recent Case Developments Jeffrey W. Stempel |
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| ARTICLES |
| Excusing Nonoccureence of Insurance Policy Conditions in Order to Avoid Disproportionate Forfeiture: Claims-Made Formats as a Test Case Bob Works |
| Imagining Insurance Risk, Thrift and Industrial Life Insurance in Britain Pat O'Malley |
| Home Liability Coverage: Does the Criminal Acts Exclusion Work Where the "Expected or Intended" Exclusion Failed? Daniel C. Eidsmoe and Pamela K. Edwards |
| NOTES AND COMMENTARIES |
| It's Better to Have Twelve Monkeys Chasing You Than One Gorilla: Humana Inc. v. Forsyth, The McCarran-Ferguson Act, RICO, and Deterrence Eric Beal |
| An Overview of Financial Services Reform 1998 Susan Sirota Gaetano |
| From the Journals: Insurance Law Abstracts Jeffrey E. Thomas |
| Recent Case Developments Jeffrey W. Stempel |
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| CONFERENCE ARTICLES |
| Insurance: How It Matters as Psychological Fact and Political Metaphor Thomas Morawetz |
| Beyond Moral Hazard: Insurance As Moral Opportunity Deborah A. Stone |
| The Return of the Crafty Genius: An Outline of a Philosophy of Precaution Francois Ewald |
| ARTICLE |
| Evidentiary Sufficiency in Insurance Bad Faith Suits William T. Barker |
| NOTES AND COMMENTARIES |
| Conference Report: A Conference for Latin American Regulators on International Financial Services Regulation |
| Sexual Malpractice and Professional Liability: Some Things They Don't Teach in Medical School - A Critical Examination of the Formative Case Law David M. Lang |
| From the Journals: Insurance Law Abstracts Jeffrey E. Thomas |
| Recent Case Developments Jeffrey W. Stempel |
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| ARTICLES |
| Rediscovering the McCarran-Ferguson Act's Commerce Clause Limitation Raymond A. Guenter |
| Risk in Contemporary Society Francois Ewald |
| Insurance and the Utopian Idea Carol Weisbrod |
| Yellow Page Ads as Evidence of Widespread Overcharging by the Plaintiffs' Personal Injury Bar - and a Proposed Solution Jeffrey O'Connell, Carlos M. Brown, and Michael D. Smith |
| NOTES AND COMMENTARIES |
| Combating Discriminatory Insurance Practices: Title III of the Americans with Disabilities Act Jesse A. Langer |
| The Viatical Settlement Industry: The Regulatory Schmene and Its Implications for the Future of the Industry Ffiona M. Jones |
| From the Journals: Insurance Law Abstracts Jeffrey E. Thomas |
| Recent Case Developments Jeffrey W. Stempel |
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| SYMPOSIUM INTRODUCTION: Deciphering Posner's Insurance Jurisprudence Jesse A. Langer |
| ARTICLES |
| An Inconsistently Sensitive Mind: Richard Posner's Cerebration of Insurance Law and Continuing Blind Spots of Econominalsim Jeffrey W. Stempel |
| Posner and Moral Hazard Eric D. Beal |
| An Analysis of the Honorable Richard A. Posner's Social Security Law Barbara A. Sheehy |
| NOTES AND COMMENTARIES |
| Posner and Tort Law as Insurance Beatrice A. Beltran |
| Posner and ERISA: A Survey Aldo R. Edwards can Muijen |
| Another Trip nto the Great Swamp: The Seventh Circuit's Preemption of the Illinois Unclaimed Property Act Under ERISA Robert Simpson |
| Doe v. Mutual of Omaha Insurance Co.: The ADA Does Not Regulate the Content of Insurance Policies, but What Have Cameras, Braille Books or Wheel Chairs Got to Do with It? Lori Bloch Izzo |
| From the Journals: Insurance Law Abstracts Jeffrey E. Thomas |
| Recent Case Developments Jeffrey W. Stempel |
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| ARTICLES |
| Insurance Privatization in Costa Rica: Lessons from Latin America with Special Reference to Uruguay Neftali Garro |
| Musings on the Seeming Inevitably of Global Convergence in Banking Law Patricia A. McCoy |
| Pre-Appearance Security Requirements for Unlicensed Reinsurers in the United States Kirill P. Strounnikov |
| The European Insurance Market, Harmonization of Insurance Contract Law, and Consumer Policy Juergen Basedow |
| A Federal Bill, with Commentary, to Allow Choice in Auto Insurance Jeffrey O'Connell, Peter Kinzler, and Hunter Bates |
| NOTES AND COMMENTARIES |
| Lost in Oz: There Is No Yellow Brick Road for State Lawmakers to Follow in Drafting Privacy Legislation for Insurers William M. Fay, Jr. |
| Pegram v. Herdrich: A Case Study in "Dual" Loyalties: Why "Cost-Cutting" Health Maintenance Organizations Should Be Held Liable for Cutting Medically Necessary Care Marni R. Wasserman |
| BOOK REVIEW |
| Clive Trebilcock, Phoenix Assurance and the Development of British Insurance. Volume 1: 1782-1870. Volume II: The Era of the Insurance Giants, 1870-1984 Timothy Alborn |
| From the Journals: Insurance Law Abstracts Jeffrey E. Thomas |
| Recent Case Developments Jeffrey W. Stempel |
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| SYMPOSIUM ARTICLES |
| The Marriage of Intellectual Property and Insurance Law: An Introduction Leo P. Martinez |
| Cybercoverage for Cyber-Risks: An Overview of Insurers' Responses to the Perils of E-Commerce Robert H. Jerry, II and Michele L. Mekel |
| Coverage for Unfair Competition Torts Under General Liability Policies: Will the "Intellectual Property" Tail Wag the Coverage Dog? Francis J. Mootz, III |
| Physical Losses in Cyberspace Hazel Glenn Beh |
| A Practical Look at E-Commerce and Liability Insurance Douglas R. Richmond |
| ARTICLES |
| Smoke and Mirrors: A Comparative Analysis of WTO and NAFTA Provisions Affecting the International Expansion of Insurance Firms in North America Bradley Condon |
| Securitization and the Catastrophe Bond: A Transactional Integration of Industries Through a Capacity-Enhancing Product of Risk Management Todd V. McMillan |
| From the Journals: Insurance Law Abstracts Heidi Lee De la Rosa |
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| JOINT ISSUE
ARTICLES (Selected Articles Below Were Solicited and Edited by the Tort & Insurance Law Journal of the American Bar Association) |
| Health Information Privacy: The Rules Get Tougher Robert W. Woody |
| Protecting Privacy Under Gramm-Leach-Bliley Thomas R. Hrdlick |
| Insuring Privacy: Is Your Company Covered? Matthew J. Schlesinger and Jason M. Silverman |
| The Nationalization of Health Information Privacy Protections Lawrence O. Gostin, James G. Hodge, Jr., and Lauren Marks |
| Insurance Privacy After Gramm-Leach-Bliley- Old Concerns, New Protections, Future Challenges J. Stephen Zielezienski and Catherine I. Paolino |
| HIPAA Preemption Implications for Covered Entities Under State Law Adam L. Butera |
| ARTICLES |
| The Judicial Transformation of Social Security Disability: The Case of Mental Disorders and Childhood Disability Jennifer L. Erkulwater |
| Visualizing Adverse Selection: An Economic Approach to the Law of Insurance Underwriting Seth J. Chandler |
| NOTES AND COMMENTARIES |
| Lander v. Hartford Life & Annuity Insurance Co.: Variable Annuities and the Future of Market Conduct Controls Post-SLUSA Robin Generous |
| Wading in the Pool: Interlocal Cooperation in Municipal Insurance and the State Regulation of Public Entity Risk Sharing Pools--A Survey Jason E. Doucette |
| From the Journals: Insurance Law Abstracts Heidi Lee De la Rosa |
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| WAR DAMAGE INSURANCE AFTER FIFTY YEARS |
|
War Damage Insurance Jack Hirschleifer |
| A New Old Look at Terrorism Insurance: Jack Hirschleifer's War Damage Insurance After Fifty Years Peter Seigleman |
| War Damage Insurance Revisited Jack Hirschleifer |
| SYMPOSIUM ARTICLES |
| Preface Francois Ewald |
| The September 11th Attack on America: Ground Zero in Tort and Insurance Law Richard P. Campbell |
| Insurance, Terrorism, and 9/11: Reflection on Three Threshold Questions Robert H. Jerry, II |
| The September 11th Victim Compensation Fund: Fund Approaches to Resolving Mass Tort Litigation Linda S. Mullenix and Kristen B. Stewart |
| The September 11th Victim Compensation Fund: Pas or Pologue? Larry S. Stewart, Daniel L. Cohen and Karen L. Marangi |
| Will the Historic Relationship Between Cedent and Reinsurer Become a Casualty of the War on Terrorism Paul E. Traynor |
| NOTES AND COMMENTARIES |
| Speculating a Strategy: Suing Insurance Companies to Obtain Legislative Reparations for Slavery Paige A. Fogarty |
| The Equity in Prescription Insurance and Contraceptive Coverage Act: Will Congress Heed the Wake-up Call of Erickson v. Bartell Drug Company? Lynda A. Rizzo |
| Insurers Jump on Train for Federal Insurance Regulation: Is it Really What they Want or Need? Danielle F. Waterfield |
| From the Journals: Insurance Law Abstracts Tatiana Connolly |
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| ARTICLES |
| The Lawlessness of Arbitration Kenneth S. Abraham and J.W. Montgomery, III |
| Containing the Promise of Insurance: Adverse Selection of Risk Classification Tom Baker |
| The Antitrust Implications of Collaborative Standard Setting by Insurers Regarding the Use of Genetic Information in Life Insurance Underwriting Robert H. Jerry, II |
| Catastrophes, Liability and Life Insurance Christian Lahnstein |
| Holding Liability Insurers Accountable for Bad Faith Litigation Tactics with the Tort of Abuse of Process Francis J. Mootz, III |
| Life Insurance Risk Classification: Finding the Boundary Between Antitrust and Unfair Discrimination J. Daniel Perkins |
| NOTES AND COMMENTARIES |
| In Between the Trenches: The Jurisdictional Conflict Between a Bankruptcy Court and a State Insurance Receivership Court William Goddard |
| The Foreign Irrevocable Life Insurance Trust as Asset Protection: Potential for Abuse and Suggestions for Reform Richard Lewis |
| From the Journals: Insurance Law Abstracts Tatiana Connolly |
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| A 21st Century Symposium on Josiah Royce's War and Insurance |
| A 21st Century Symposium on Josiah Royces War and Insurance Tom Baker |
| War and Insurance Josiah Royce |
| Peace and Insurance: Recovering the Utopian Vision of Insurance in Royces War and Insurance Jonathan Simon |
| Postnational Insurance on the Eve of Destruction Timothy Alborn |
| War, Insurance and Some Problems of Community Carol Weisbrod |
| Paradigms, Assumptions and Strategies: Royce and Method Thomas Morawetz |
| NOTES AND COMMENTARIES |
| The Revolution of the Times: Recent Changes in U. K. Insurance Insolvency Laws and the Implications of Those Changes Viewed From a U. S. Perspective William Goddard |
| Trademark Law and the CGL: The Race Between Infringement Liability and its Reluctant Insurance Coverage Jennifer S. Janik |
| Farm Bureau Mutual Insurance Company v. Kurtenbach: Choosing the Road Less Traveled in Interpreting Motor Vehicle Exclusions in Farm Liability Policies Gregory O. Nies |
| From the Journals: Insurance Law Abstracts Dorothy Puzio |
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| ARTICLES |
| Fear is the Key: A Behavioral Guide to Underwriting CyclesSean M. Fitzpatrick |
| God and the Red Umbrella: The Place of Values in the Creation of Institutions of Mutual AssistanceBrian J. Glenn |
| The Legal Standing of an Insurance Insolvency Receiver: When the Shoe Doesnt FitKarl L. Rubinstein |
| NOTES AND COMMENTARIES |
| Traveling Outside the Insurance Contract: The Problems with Maximizing Victim Compensation: Koikos v. Travelers Insurance Company Sharon Abidor |
| Swimming in the Wake of Dehoyos: When Federal Courts Sail into Disparate Impact Waters, Will State Regulation of Insurance Remain Above the Waves? William Goddard |
The Next Step for Brownfields: Government Reinsurance of Environmental Cleanup PoliciesDaniel A. Schenck |
| From the Journals: Insurance Law Abstracts Sarah Sia |
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| ARTICLES |
| The Case Against Dog Breed Discrimination by Homeowners' Insurance CompaniesLarry Cunningham |
| A Model Financial Statement Insurance ActLawrence A. Cunningham |
| Dynamic Federalism: Competition, Cooperation and Securities EnforcementRenee M. Jones |
| The Disloyalty of Stock and Stock Option CompensationCalvin H. Johnson |
| NOTES AND COMMENTARIES |
| Toxic Mold in Texas: Will Recent Insurance Reforms Clean It Up for Good? Jessica Seger |
Pro-Rating Defense Costs to an Insured for Periods of Uninsurance; What Happened to the Duty to Defend?: Security Insurance Co. of Hartford v. Lumbermens Mutual Casualty Co.Elizabeth Festa |
| From the Journals: Insurance Law Abstracts Matthew Fitzsimmons |
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| ARTICLES |
| Mandatory Arbitration in Insurance Disputes: Inverse Preemption of the Federal Arbitration Act Susan Randall |
| The Politics of Infertility: Recognizing Coverage Exclusions as Discrimination Elizabeth A. Pendo |
| Law, Politics, and the Political Safeguards of Federalism: The Case of Insurance Regulation and the Commerce Clause, 1938 - 1948 Katherine M. Jones |
| NOTES AND COMMENTARIES |
| The Medicare Prescription Drug, Improvement, and Modernization Act of 2003: The Wrong Prescription for Our Nation's Senior Citizens? Karen M. Wieghaus |
| Keeping the Promise: Will the Bush Administration's Plan to Privatize the Social Security System Actually Work? James E. Hennessey |
| Insuring Against the Snail-Darter: Insurance for Land Use and the Endangered Species Act Jonathan F. Tross |
| From the Journals: Insurance Law Abstracts Matthew Fitzsimmons |
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| Essay |
| Liability Insurance as Tort Regulation: Six Ways That Liability Insurance Shapes Tort Law in Action Tom Baker |
| ARTICLES |
| Marine Title Insurance: The Dernier Cri in Title Insurance Matthew J. Bauer |
| "Diminished Value" in Automobile Insurance: The Controversy and Its Lessons Thomas O. Farrish |
| Resolving Medical Malpractice Claims in the Medicare Program: Can It Be Done? Eleanor D. Kinney & William M. Sage |
| NOTES AND COMMENTARIES |
| Employer by Name, Insurer by Trade: Society's Obesity Epidemic And Its Effects on Employers' Healthcare Costs Kathryn Hinton |
| Employment Fractices Liability Insurance: Are EPLI Policies a License to Discriminate? Or Are They a Necessary Reality Check for Employers? Nancy H. Van der Veer |
| Are the Regulatory Frameworks in Asian Emerging Markets Equipped to Handle the Influx of Foreign Insurers? Shanil R.. Vitarana |
| From The Journals: Insurance Law Abstracts Emmanuelle Regine Francois |
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| Foreword Adam Scales |
| ARTICLES |
| Asbestos Litigation in the United States: Triumph and Failure of the Civil Justice System Deborah R. Hensler |
| Comments for the University of Connecticut Asbestos Litigation Symposium James L. Stengel |
| On The Applicability of the Silica MDL Proceeding to Asbestos Litigation Lester Brickman |
| A Future for Asbetos Apportionment? Michael Green |
| Assessing the Coverage Carnage: Asbestos Liability and Insurance After Three Decades of Dispute Jeffrey W. Stempel |
| The Asbestos Litigation Crisis: The Tide Appears To Be Turning Mark A. Behrens & Phil Goldberg |
| Some Reflections on the Future of Mass Torts Peter H. Schuck |
| An Elegy for the FAIR Act Patrick M. Hanlon |
| NOTES AND COMMENTARIES |
| Anorexia Killed Her, But The System Failed Her: Does Teh American Insurance System Suffer From Anorexia? Beth A. Brunalli |
| The Future of the National Flood Insurance Program in the Aftermath of Hurricane Katrina Quynh T. Pham |
| Reasonable Expectations in the Sphere of Liberty: A Theory of Accidental Death Insurance Coverage Catherine Spain |
| From the Journals: Insurance Law Abstracts Emmanuelle Regine Francois |
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| ARTICLES |
| Consumer-Driven Health Care: Moral Hazard, the Efficiency of income Transfers, and Market Power John A. Nyman |
| The Restatement (Second) of Contracts as a Useful Tool for Addressing Common Insurance Law Issues Nicholas M. Insua & Mathew J. Delude |
| Buss Stop: A Policy Language Based Analysis R. Elbert & Stanley Nardoni |
| NOTES AND COMMENTARIES |
| Helping individual Investors Do What They Know Is Right: The Save More for Retirement Act of 2005 Mathew Venhorst |
| The Chawla Decision: A Death Knell for the Use of the Life Insurance Trust in Estate Planning? Reagan N. Clyne |
| Should insurers in Texas Be Prohibited From Using Staff Attorneys to Defend Third Party Claims Brought Against Insureds? A Closer Look at American Home Assurance Denise Purpura |
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