

Date
1980
Citation
Douglas Laycock, Statement , Nondiscrimination in Insurance US Government Printing Office 287–367 (1980).
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Tom Baker
This Article, written for the annual Clifford Symposium on Tort Law and Social Policy, chronicles a series of developments in American history that...
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Daniel Schwarcz
Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and...
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Daniel Schwarcz
Cyberattacks have the potential to cause simultaneous, very large losses to numerous firms across the globe, thus resulting in a cyber “catastrophe.”...
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Very few developments have ever transformed either tort or insurance law. One development -- as important in our time as the adoption of liability for...
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Recently there have been calls for and legislation proposed to repeal or modify the defense of qualified immunity in suits against police for...
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This Article examines the ways in which insurance coverage is incomplete, and the reasons why coverage is incomplete. It argues that, because all...
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Robert L. Rabin
The United States is on the verge of a new era in transportation, requiring a new legal regime. Over the coming decades, there will be a revolution in...
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Insurance coverage disputes are mostly about the correct interpretation of an insurance policy provision. But three myths confuse and confound...
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Important features of both the incidence and magnitude of tort liability depend heavily, and therefore arbitrarily, on luck. One of a number of...
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Daniel Schwarcz
This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract...
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Over two hundred years ago, Thomas Jefferson completed an application for fire insurance on his home, Monticello. The application was to be submitted...
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The liability insurer’s duty to settle in conventional cases is well-established. However, the scope of the duty to settle cases in which coverage is...
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The heart of insurance – what enables insurance to function – is risk aversion. It follows from the fact that potential policyholders are risk averse...
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This Article, awarded the 2011-12 Liberty Mutual Prize by Boston College Law School, identifies four different conceptions of insurance that have...
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J. W., Montgomery, III
This Essay identifies and analyzes the problems that may arise when insurance coverage disputes are subject to mandatory, binding arbitration. We...
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