Law

  • Insurance has historically been something of a Rodney Dangerfield of the law.
  • If lawyers and teachers cannot embrace insurance as an appealing subject, it should come as no surprise that most laypersons think of insurance as boring. 

2011 - Principles of Insurance Law, 4th Ed. - Stempel

  • Many phrases and sections of the life insurance contract have been derived from court tests or regulatory or legislative fiat.

1976 - COST COMPARISONS AND POLICY LANGUAGE, Society of Actuaries - 16p

Monitoring of litigation may alert regulators to issues that the regulatory system has not yet addressed.

2008-3, NAIC Proc. 

Words and Concepts 

  • delayed discovery rule
  • Duties - Duty to Speak, Duty to Read, fiduciary duty
  • Fact Finding  
  • Fraud 
  • Material Fact 
  • Misrepresentation - Material 
  • Negligence 
  • On Notice 
  • "presumptive knowledge of facts"
  • Private Cause of Action
  • Puffery 
  • Reasonable Person / Reasonableness / Reasonable Expectations 
  • Reliance - Justifiable, Reasonable 
  • Statute of Limitations 
  • Finding of Facts and Conclusions of Law
  • 1996 - Legal Issues Affecting Nontraditional Products, Society of Actuaries - [PDF-14p]

Veil of ignorance John Rawls Social Contract

  • 2010 - Maloof vs John Hancock, 2010, Alabama
    • Legal Words
      • Justifiable/ Reasonable Reliance
      • Puffery

“Voluntary Dismissal with Prejudice”, Randolph vs Lincoln

Types of Law 

  • Administrative Law 
  • Agency Law 
  • Contract Law 
  • Insurance Law

Tom Baker - Find - Constructing the insurance relationship: Sales stories, claims stories, and insurance contract damages. T Baker. Tex. L. Rev. 72, 1395, 1993. 124, 1993.