Deskbook encyclopedia of American insurance law

목차 (Table of Contents)

• CONTENTS
• PREFACE = ⅲ
• INTRODUCTORY NOTE ON THE JUDICIAL SYSTEM = ⅴ
• TABLE OF CASES = xvii
• CHAPTER ONE LIABILITY OF INSURERS = 1
• Ⅰ THE DUTY TO DEFEND AND INDEMNIFY = 1
• A Duty Found = 1
• B Duty Not Found = 5
• C Coverage of Insureds' Punitive Damages = 11
• 1 Coverage Found = 11
• 2 Coverage Not Found = 13
• Ⅱ PUNITIVE DAMAGE AWARDS AGAINST INSURERS = 15
• A Punitive Damages Awarded = 15
• 1 Life, Health and Hospitalization Policies = 15
• 2 Liability, Casualty and Automobile Policies = 19
• B Punitive Damages Denied = 24
• CHAPTER TWO AGENTS, BROKERS AND EMPLOYMENT MATTERS = 35
• Ⅰ DUTY OF CARE = 35
• A Agent's Duty of Care-Generally = 36
• 1 Duty of Care Satisfied = 36
• 2 Duty of Care Not Satisfied = 40
• B Broker's Duty of Care-Generally = 44
• 1 General Rule = 44
• 2 Duty of Care Satisfied = 46
• 3 Duty of Care Not Satisfied = 47
• C Misrepresentation, Fraud and Deceptive Trade Practices = 48
• D Libel and Slander = 53
• E Releases = 54
• F Premiums = 55
• Ⅱ BINDERS = 58
• A Insurers Effectively Bound = 58
• B Insurers Not Bound = 59
• Ⅲ LICENSING = 61
• A Constitutionality of Agent Licensing Statutes = 61
• B Revocation of Licensing = 63
• Ⅳ AGENCY/BROKERAGE AGREEMENTS = 65
• A Breach of Contract-Generally = 65
• B "No Competition" Agreements = 66
• C Bonus Renewal Commissions = 70
• D Redlining = 71
• Ⅴ EMPLOYMENT MATTERS = 72
• A Race, Sex and Age Discrimination = 72
• B Collective Bargaining = 76
• C Adjusters = 77
• D Employment Contracts = 80
• CHAPTER THREE AUTOMOBILE INSURANCE = 85
• Ⅰ SCOPE OF COVERAGE = 86
• A Arising out of the Use or Maintenance of a Motor Vehicle = 86
• 1 "Motor Vehicle" Defined = 87
• 2 "Arising Out Of" Defined = 89
• a Coverage Allowed = 89
• b Coverage Denied = 93
• 3 The "Parked Vehicle" Exception = 97
• B Accidents and Occurrences = 99
• C Intentional Harm = 100
• D Persons Covered = 101
• 1 Family Members and Household Residents = 102
• 2 Permissive Users = 103
• E Vehicles Covered = 106
• 1 Replacement and Rental Vehicles = 106
• 2 School District "Borrowed Vehicles" = 108
• 3 Dealers = 109
• 4 Motorcycles = 110
• 5 Other Vehicles = 111
• F PIP Benefits = 112
• G Misrepresentation = 115
• Ⅱ DUTIES OF INSURERS = 117
• Ⅲ DUTIES OF INSUREDS = 122
• Ⅳ STATE AND FEDERAL REGULATION = 125
• A State Regulation = 125
• B No-Fault = 129
• Ⅴ STACKING OF MULTIPLE POLICIES = 131
• A Stacking Allowed = 131
• B Stacking Precluded = 132
• Ⅵ UNINSURED/UNDERINSURED MOTORIST BENEFITS = 135
• A Scope of Coverage = 135
• 1 Insurers' Obligations = 135
• 2 Accidents and Events Covered = 137
• 3 Hit-and-Run Accidents = 141
• 4 Physical Contact Rules = 142
• B Individuals Entitled to Coverage = 146
• 1 Coverage Allowed = 146
• 2 Coverage Denied = 149
• C Interception of Benefits by Creditors = 152
• D Insurers' Duty to Offer Coverage = 152
• 1 Duty Not Satisfied = 153
• 2 Duty Satisfied = 154
• E Exclusions = 156
• Ⅶ POLICY CANCELLATION = 158
• A Cancellation Notices = 158
• 1 Inadequate Notice = 158
• 2 Adequate Notice = 160
• B Nonpayment of Premiums = 161
• 1 Coverage Valid = 161
• 2 Coverage Void = 163
• C Transfer of Ownership = 164
• D Binders = 165
• Ⅷ SET-OFF = 165
• Ⅸ SEX-BASED RATE DIFFERENTIALS = 168
• Ⅹ EXCLUSIONS = 169
• A Vehicles = 169
• B Persons = 173
• C Violations of Law = 175
• XI STATUTE OF LIMITATIONS = 177
• CHAPTER FOUR INSURANCE FRAUD BY CONSUMERS = 179
• Ⅰ INSURANCE FRAUD FOUND = 179
• Ⅱ INSURANCE FRAUD NOT FOUND = 183
• CHAPTER FIVE LIFE AND HEALTH INSURANCE = 187
• Ⅰ MISREPRESENTATION = 188
• A Application Misrepresentations Precluding Coverage = 188
• B Alleged Misrepresentations Not Precluding Coverage = 193
• C Incontestability Clauses = 198
• Ⅱ NONPAYMENT OF PREMIUM = 198
• A Policies Voided = 198
• B Policies Not Voided = 200
• Ⅲ GROUP LIFE AND HEALTH INSURANCE = 203
• A Scope of Coverage = 203
• 1 Types of Claims and Individuals Covered = 203
• 2 Injuries = 211
• 3 Policy Dates and Limitations Periods = 212
• B The "Actively at Work" Requirement = 214
• Ⅳ DELIVERY OF POLICY = 216
• Ⅴ DOUBLE INDEMNITY AND ACCIDENTAL DEATH BENEFITS = 218
• Ⅵ PAYMENT OF PROCEEDS = 221
• A Coordination of Benefits = 221
• B Rival Claimants = 221
• C Change-of-Beneficiary Disputes = 226
• D Missing Persons = 231
• E Use of Proceeds by Insureds = 232
• Ⅶ EXCLUSIONS FROM COVERAGE = 233
• A Life Insurance = 233
• 1 Coverage Precluded = 233
• 2 Coverage Allowed = 243
• B Health and Medical Insurance = 250
• 1 Coverage Precluded = 250
• 2 Coverage Allowed = 254
• 3 Preexisting Conditions = 257
• Ⅷ SEX-BASED MORTALITY TABLES = 260
• CHAPTER SIX HOMEOWNER'S INSURANCE = 263
• Ⅰ SCOPE OF COVERAGE = 263
• Ⅱ RESIDENCE AND DOMICILE MATTERS = 267
• Ⅲ POLICY EXCLUSIONS = 270
• A Motor Vehicle Exclusions = 270
• B Intentional Acts Exclusions = 273
• C Business Pursuit Exclusions = 279
• D Earth Movement Exclusions = 282
• Ⅳ MISREPRESENTATION = 284
• CHAPTER SEVEN LIABILITY AND CASUALTY INSURANCE = 287
• Ⅰ SCOPE OF COVERAGE = 288
• A Liability and Casualty Insurance Distinguished = 288
• B Policy Terms = 289
• C "Accidents" and "Occurrences" = 294
• D Primary/Excess Insurance = 298
• E Cancellation = 300
• F Exclusions = 303
• G Joint & Several Liability = 307
• Ⅱ PREMIUMS = 308
• A Coverage Disputes = 308
• B Liability for Payment of Premiums = 310
• Ⅲ NOTICE/PROOF OF LOSS REQUIREMENTS = 311
• Ⅳ BURGLARY AND THEFT INSURANCE = 314
• A Preconditions for Coverage = 314
• B "Visible Force and Violence" Requirements = 317
• C Exclusions = 318
• Ⅴ FIRE INSURANCE = 319
• A Arson Investigations = 319
• B Coverage Disputes Involving Arson = 321
• 1 Arson Allegations-Generally = 321
• 2 Joint Ownership = 323
• C Insureds' Misconduct = 325
• D Buildings Covered = 328
• E Insurers' Right to Repair or Rebuild = 328
• F Mortgagees vs. Mortgagors = 330
• Ⅵ BUSINESS AND INDUSTRIAL INSURANCE = 331
• A Business Risks = 331
• B "All Risk" Policies = 334
• C "Occurrences" = 335
• D Exclusions = 339
• 1 Exclusions Generally = 339
• 2 Polluter's Exclusions = 342
• E Products Liability = 345
• Ⅶ AIRCRAFT INSURANCE = 347
• A Pilot Qualifications = 347
• 1 Coverage Awarded = 347
• 2 Coverage Denied = 348
• B Airworthiness Certification = 349
• C Conversions to Criminal Use = 350
• D Exclusions Generally = 351
• Ⅷ FEDERAL FLOOD INSURANCE = 352
• Ⅸ MARINE INSURANCE = 354
• A Coverage Allowed = 354
• B Coverage Denied = 356
• Ⅹ "DRAM SHOP" LIABILITY = 358
• XI TITLE INSURANCE = 360
• XII STATE AND LOCAL GOVERNMENT LIABILITY = 363
• XIII FARMOWNER'S INSURANCE = 368
• A Automobile Exclusions = 368
• B Theft Loss Coverage = 369
• CHAPTER EIGHT PROFESSIONAL MALPRACTICE INSURANCE = 371
• ⅠCOVERAGE FOR ACTIVITIES WITHIN THE SCOPE OF PROFESSIONAL SERVICES = 371
• Ⅱ POLICY COVERAGE DATES = 375
• Ⅲ FRAUD BY PROFESSIONALS = 377
• Ⅳ SUITS BASED ON ERROR OR MISTAKE = 378
• Ⅴ LIABILITY OF A PROFESSIONAL'S EMPLOYER = 379
• Ⅵ COVERAGE FOR LOST INCOME = 380
• Ⅶ OTHER MALPRACTICE CASES = 380
• A Clients Suing Insurer Directly = 380
• B Liability Limits and Subrogation Rights = 381
• C Bad Faith Claims = 383
• D Federal Tort Claims Act = 384
• CHAPTER NINE WORKERS' COMPENSATION = 387
• Ⅰ "ARISING OUT OF" AND "IN THE COURSE OF" EMPLOYMENT = 388
• A The Coming and Going Rule = 388
• B Personal Accidents in the Course of Employment = 391
• 1 Injuries Occurring While Engaged in Conduct Not Approved by Management = 391
• 2 Injuries Occurring Due to Intentional Acts of Third Parties = 392
• 3 Injuries Occurring While Engaged in Conduct Intended for Personal Comfort = 393
• 4 Injuries Occurring While Engaged in Company Activities Having a Dual Purpose of Business and Pleasure = 394
• C Accidents "In The Course Of" But Not "Arising Out Of" Employment = 395
• D Injuries Arising out of Accidents in Which the Employee-Employer Relationship Was Disputed = 396
• E Chain of Causation: Chronic Conditions Initially Arising Out of Work-Related Injuries = 398
• Ⅱ MULTIPLE EMPLOYERS = 399
• Ⅲ THE EMPLOYEE'S EXCLUSIVE REMEDY = 399
• A Statutory Employment = 400
• B Tort Actions Based on Alleged Intentional Harm = 401
• C Accidental Injuries: Disputes With Primary Employers = 402
• Ⅳ DISABILITY PAYMENTS UNDER WORKER'S COMPENSATION = 403
• A Temporary Total Disability = 403
• B Permanent Partial Disability = 404
• C Permanent Total Disability = 405
• Ⅴ DEATH BENEFITS = 406
• Ⅵ SET-OFF OF BENEFITS = 407
• Ⅶ CLAIMS PROCEDURES = 408
• A Statute of Limitations = 409
• B Employer Verification of Injuries = 410
• C Referees = 411
• D Attorney's Fees = 411
• Ⅷ MISCELLANEOUS WORKER'S COMPENSATION CASES = 411
• A Employee Incarceration While Receiving Benefits = 411
• B Violation of Safety Laws by Employer = 412
• C Other Employer Misconduct = 413
• D Travel Expenses = 414
• Ⅸ THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT (LHWCA) = 414
• APPENDIX A McCarran-Ferguson Insurance Regulation Act = 417
• APPENDIX B Subject Matter Table of Recent Law Review Articles = 419
• APPENDIX C Subject Matter Table of Insurance Cases Decided by the United States Supreme Court = 427
• INDEX = 431