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LAW 764

Current Issues in Insurance Law

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Recommended for route(s):

[ Academia ] [ Litigation ] [ Regulatory & Policy ] [ Transactional ] Health Law: General

Why it is relevant for ...

[ Academia ] [ Litigation ] [ Regulatory & Policy ] [ Transactional ] as a Related Elective for those interested in Insurance : Lawyers providing general business advice, as well as litigation attorneys handling claims of tortious conduct, should understand some of the issues that come up when a particular loss is, or may be, covered by insurance. Most individuals and businesses buy insurance to hedge against the risk of large financial loss arising from their possible liability for injury to others, so even the general business lawyer should understand something about the operation of insurance. In addition to tort law issues, this course considers aspects of insurance law from a contract perspective, such as the reasonable expectations of the parties to the insurance contract.

General course Description:

This seminar will consider a range of important issues involving tort and contact aspects of insurance law. Each week will focus on a different topic. Topics may include the application of contra proferentem and reasonable expectations doctrines, bad faith litigation, duty to settle, prominent issues in asbestos litigation, remedies for misrepresentation, limitations on insurability, and the proper role for regulation of insurance policies. Readings will consist of a mix of important cases and academic articles. After the first week, students will take the lead in class discussion of each topic. Grading will be based on a combination of class participation and, at the student's option, weekly response papers or a single longer paper. Elements used in grading: Class Participation, Attendance, Written Assignments or Final Paper.

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