| Unconscionability |
| An insurance policy, like every other type of contract, imposes upon each party an implied duty of good faith and fair dealing in its performance and its enforcement. This duty requires the insurer and the insured to perform so as not to impair or destroy the right of the other to receive the benefit of the agreement. The duty also incorporates the concept of avoiding "unconscionability" in executing the policy.More... |
| Risk Retention Groups |
| Risk retention groups serve as captive insurance companies formed to provide insurance to members of the group. Rather than purchase insurance from independent insurers, the group of companies forms its own insurance company. Companies with similar risk management concerns thus may exercise greater control over their insurance coverage, pricing, and claims administration.More... |
| "Accident" in Insurance Policies |
| Life and health insurance policies provide coverage upon an insured's death or injury. Some policies stipulate that the death or injury be by "accident" or "accidental means" or that it be an "accidental result." However, many issues arise in determining the difference, if any, among these terms.More... |
| Pollution and Contamination Problems on Insured Property |
| There are severe pollution and environmental toxin problems in the United States due to the presence of chemicals, asbestos, lead, radon, and other substances on property. Insureds who have pollution and contamination problems on their insured property may be required to remove them under federal or state legislation. Due to the enormity of the costs, insurers have become involved in funding the cleanup measures. This article addresses environmental claims in first-party situations, in which the insured suffers a loss and makes a claim to an insurer. More... |
| No-Fault Automobile Insurance |
| No-fault insurance provides coverage for an insured's injuries or damages up to the policy limit regardless of whether the insured or another driver was at fault. More... |
