Law Reviews - Snippets

1900 - 1949

  • 1919 - LR - The Delivery of A Life-Insurance Policy, Edwin W. Patterson - 26p
    • …it seems well to indicate the steps of negotiation, reflection, drafting, etc., which take place in the usual life-insurance transaction…

1950 - 1959

  • 1950 - LR -The Special Nature of the Insurance Contract: A Few Suggestion for Further Study, Franklin M. Schultz - 15p
    • Logic, it seems, particularly as related to the contract canons of construction, finds little support in the insurance literature.
    • But nowhere has there been a serious, full dress attempt to re-define the modern American insurance transaction as a sui generis <unique> matter. Perhaps the job is too big, or too dull.
  • 1951- LR - The Bar and the Unauthorized The Bar and the Unauthorized Practice of Law: A Survey - 13p
    • In Louisiana, although no statement of principles has been published nor a conference group established, an oral understanding with the Chartered Life Underwriters reportedly has proved effective, with both organizations pledged to keep their own members in line.14

1960 - 1969

  • 1961 - LR - The Purpose of Insurance Regulation: A Preliminary Inquiry in the Theory of Insurance Law, Spencer L. Kimball - 55p
    • The author concludes that it is difficult if not impossible to formulate a general theory of insurance regulation and that such a formulation may never be possible; although we can isolate common goals, the multiplicity of possible paths to those goals would seem to defy a definitive statement.

1970-1979

  • 1974 - Duty to Read--A Changing Concept, John D. Calamari - 24p

1980 - 1989

  • 1985 - LR - TEFRA's Response to Short-term Abuses of Insurance Annuity Policies - 20p 
    • The Mechanics of Universal Life Policies
      • Once the policy is activated, the term policy and the accumulation account each operate independently.
      • He or she may switch back and forth between whole life and term coverage, and may increase or decrease the amount of coverage as needed.

1990 - 1999

  • 1991 - LR - Judicial Rationales in Insurance Law: Dusting Off the Formal for the Function, Peter Nash Swisher - 39p
    • Indeed, one writer has suggested that insurance contract cases frequently read like a chapter out of Alice in Wonderland1
    • Welcome to the wonderful world of Insurance. In it the rules of law of Contracts are reflected as in a fun house mirror.2
    • Even Professor Keeton admits that the underlying justifications for many insurance law cases are "less than ordinarily enlightening."3

1 J. DOBBYN, INSURANCE LAW IN A NUTSHELL xix (1981).

2 K. YORK & J. WHELAN, INSURANCE LAW: CASES, MATERIALS AND PROBLEMS xv (1982).

3 R. KEETON, BASIC TEXT ON INSURANCE LAW 341 (1971). See also R. KEETON & A. WIDISS, INSURANCE LAW 614-16 (1988); infra note 52.

  • 1999 - LR - Insurance Regulation in the United States: Regulatory Federalism and the National Association of Insurance Commissioners, Susan Randall - 77p
    • Recent proposals to integrate financial services industries—banking, securities, and insurance—have prompted yet another round of debate over the appropriate structure of insurance regulation and the relative merits of federal versus state regulation.

2000 - 2009

  • 2005 - ABA - Liability Issues in the Sale of Life Insurance, Douglas R. Richmond - 34p
    • “Life insurance provides ample litigation opportunities, but the real action arises out of alleged dishonesty in the sale of cash value policies. This section examines prevalent controversies, claims, and theories.”
  • 2007 - LR - Half-Truths, Whole Lies, & the Duty of Disclosure in Insurance Law, Enrique R. Schaerer - 29p
    • I define a “half-truth” as incomplete disclosure.1
      • It is a misrepresentation only in the loose sense that the omission of certain facts may be somewhat misleading.
    • By contrast, a “whole lie” is defined as an affirmative misstatement of the facts.2

2010 - 2019

  • 2013 - LR - Four Conceptions of Insurance, Kenneth S. Abraham - 46p
    • This is an Article about different descriptions of insurance and the features of insurance law that might flow from them.
  • 2013 - LR - Behavioral Economics and Insurance Law: The Importance of Equilibrium Analysis, Tom Baker and Peter Siegelman - 28p
    • Economists have formalized the insurance companies’ information problems and, in the process, developed what has come to be known as the economics of information.
  • 2017 - LR - Coverage Information in Insurance Law,  Daniel Schwarcz - 72p
    • Of course, the intended audience for judicial information does not include policyholders. Instead, judicial information is directed toward insurers, market intermediaries, lawyers, and judges.
    • Why is insurance law and regulation so fixated on promoting coverage information despite the fact that so little of this information seems to filter down to ordinary consumers?