Topic
Insurance Contract
113 published works
Zalma on Insurance
The Need to Read an Insurance Policy
By Barry Zalma
Courts Have Established a Duty to Read an Insurance Policy Post 5436 Subscribe to my substack at https://barryzalma.substack.com/subscribe You will read from this link until you reach the the end…
Zalma on Insurance
Ambiguous Contract to Repair not an Assignment
By Barry Zalma
The Right to Negotiate with Insurer is Not an Assignment of Claims Post number 5347 See the full video at https://rumble.com/v79is1s-ambiguous-contract-to-repair-not-an-assignment.html and at https://youtu.be/pqCp6zffExs Nebraska Requires an Actual Assignment to…
China Law Vision
Can the “Misleading Sales” Determined by Financial Regulatory Authorities Serve as the Basis for Fraud to Revoke an Insurance Contract?
Core Tip: The "misleading sales" determined by financial regulatory authorities is not equivalent to "fraud" under civil law. People's courts should review whether it constitutes "fraud" in accordance with the…
China Law Vision
Application of the Principle of Reasonable Expectations in Insurance Law:A Comparative Analysis of U.S. and PRC Jurisdictions
Introduction The primary objective of insurance law across jurisdictions is to balance the interests of policyholders, insureds, and insurers. However, the inherent complexity and standardization of insurance contracts, often drafted…
ContractsProf Blog
Massachusetts Supreme Judicial Court Finds “Surface Water” Ambiguous
In May Yonathan Arbel (left) and David Hoffman (below, right) posted Generative Interpretation in the NYU Law Review. When we commented on a draft here, we noted a striking finding. Louisiana…
Ahead of Schedule
Negotiating Insurance Provisions for Commercial Landlords
By Elizabeth Clampitt, Patrick Abell
Key Insurance Considerations for Commercial LandlordsCommercial landlords often focus on terms like rent and renewals when negotiating leases, but overlooking insurance provisions can expose them to significant risks. Insurance clauses…
Allens Insights
(WIP) No 'leap of faith' as Federal Court rejects ASIC's
By Allens
Federal Court provides guidance on insurers' duty of utmost good faith 7 min read Just as offices were closing for summer holidays at the end of 2023, Justice Jackman of…
Zalma on Insurance
Agent’s Statement Binds Insurer
By Barry Zalma
It is not Bad Faith Only to Deny a Claim Post 4734 See the full video at https://rumble.com/v4cz4cc-agents-statement-binds-insurer.html and at https://youtu.be/FLwTo0vAjDE The California Court of Appeals dealt with a claim…
Property Insurance Coverage Law Blog
What Does Indemnity Mean in the Context of Actual Cash Value?
By Chip Merlin
What does it mean when we say that a property insurance policy is a contract of indemnity? This phrase was often mentioned when older cases analyzed the term “actual cash value.” The…
Zalma on Insurance
Courts do not Make Different Contracts
By Barry Zalma
Notice-Prejudice Rule Does not Apply to Claims Made and Reported Policy See the full video at https://rumble.com/v2vj2nn-courts-do-not-make-different-contracts.html and at https://youtu.be/khhpef45LjY The Kentucky Supreme Court was asked to determine if the…