Insurance - Page 8
This is FindLaw's collection of Insurance articles, part of the Corporate Governance section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Corporate Governance
Insurance Articles
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In defending or prosecuting claims involving business insurance policies, an issue that often arises is whether or not a cause of action founded upon a state law is pre-empted by the Employee Retirement Income Security Act of 1974 (ERISA). On April 2, 2003, the Supreme Court simplified the analysis to be used and reduced the scope of ERISA's preemptive powers by lowering the bar for claims to be classified as "related to the business of insurance". -
On Mar. 20, 2002, the United States District Court for the Eastern District of Pennsylvania remanded a case to state court that largely premised the amount in controversy on amounts due to a healthcare provider for services rendered by an unlicensed therapist. Despite the courts disbelief that an insurer can "abrogate a statutorily created right," this article examines why it reversed the grant of summary judgment to the insured. -
Last-minute legislation intended to increase the supply of affordable, multi-family housing in California was signed into law in early October 2002 and will be effective as of January 1, 2003. Crafted as a compromise among developer/builder interests and consumer attorneys, the bill is aimed at reducing the number of construction-defect lawsuits that have been seen as resulting in a dearth of new condominium and townhouse construction throughout California since the early 1990's and a significant factor in the increased cost of housing. The bill also is intended to facilitate the ability of developers/builders to obtain liability insurance for the housing constructed. -
The Federalist Society's Tax Policy Conference discusses: 1) how our tax laws affect how health care in our country is paid for and delivered; 2) whether and, if so, how our tax laws aff ect charitable activities, religious institutions, and free speech; and 3) tax expenditures. -
The Texas Department of Insurance's Texas Bill of Rights spells out insurers' duties to homeowners and renters, including the right to information from your insurer, prohibited statements related to insurance, your right to insurance despite past water-damage or mold-damage claims, and the right to buy windstorm insurance coverage from the Texas Windstorm Insurance Association (TWIA) if you live in certain areas in Texas. -
Many victims of road accidents report injuries to the knee, hip and thigh, these types of injuries can cause serious and often lifetime debilitation. -
With the costs of operating a car or truck growing, many people are now using a motorcycle as their primary means of transportation. But there are many risks involved in doing so. Motorcycle accidents can be extremely serious. -
According to the National Highway Traffic Safety Administration, more than 104,000 motorcycles were involved in traffic accidents in 2006 alone. What is even more disturbing is that the numbers of motorcycle-related injuries and fatalities are on the rise. -
TABLE OF CONTENTS BACKGROUND COMMON LAW APPROACH FRAUD AND FALSE SWEARING BURDEN OF PROOF RELIANCE BY INSURER . -
TABLE OF CONTENTS BACKGROUND SCOPE OF COVERAGE INSURED'S DUTIES IN THE EVENT OF LOSS DUTIES IMPOSED UNDER THE N.