“Incomplete” Insurance Coverage

This Article, written for the annual Clifford Symposium on Tort Law and Social Policy, chronicles a series of developments in American history that...

Insurance is an enormously powerful and beneficial method of spreading risk and compensating for loss. But even insurance has its limits. A new and...

Cyberattacks have the potential to cause simultaneous, very large losses to numerous firms across the globe, thus resulting in a cyber “catastrophe.”...

Very few developments have ever transformed either tort or insurance law. One development -- as important in our time as the adoption of liability for...

Recently there have been calls for and legislation proposed to repeal or modify the defense of qualified immunity in suits against police for...

This Article examines the ways in which insurance coverage is incomplete, and the reasons why coverage is incomplete. It argues that, because all...

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...

Insurance coverage disputes are mostly about the correct interpretation of an insurance policy provision. But three myths confuse and confound...

Important features of both the incidence and magnitude of tort liability depend heavily, and therefore arbitrarily, on luck. One of a number of...

This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract...

Over two hundred years ago, Thomas Jefferson completed an application for fire insurance on his home, Monticello. The application was to be submitted...

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...

This Essay identifies and analyzes the problems that may arise when insurance coverage disputes are subject to mandatory, binding arbitration. We...