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Books : Nonfiction : Law : Business : Insurance Law
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The book that helps you overcome the insurance companies' Goliath
Dealing with insurance companies and lawyers when filing a personal injury claim can feel like another accident is in the offing. But you can handle a claim yourself -- and save hundreds or thousands of dollars in the process.
How to Win Your Personal Injury Claim shows you how to handle almost every accident situation, and guides you through the insurance claim process, step by step. Learn how to:
-protect your rights after an accident
-determine what your claim is worth
-handle a property-damage claim
-deal with uncooperative doctors, lawyers and insurance companies
-counter the special tactics insurance companies use
-prepare a claim for compensation
-negotiate a full and fair settlement
-stay on top of your case if you hire a lawyer
This completely updated edition of How to Win Your Personal Injury Claim provides your state's most recent laws, small-claims court limits and Department of Insurance information.
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Franz Kafka: The Office Writings brings together, for the first time in English, Kafka's most interesting professional writings, composed during his years as a high-ranking lawyer with the largest Workmen's Accident Insurance Institute in the Czech Lands of the Austro-Hungarian Empire. Franz Kafka (1883-1924) is commonly recognized as the greatest German prose writer of the twentieth century. It is less well known that he had an established legal career. Kafka's briefs reveal him to be a canny bureaucrat, sharp litigator, and innovative thinker on the social, political, and legal issues of his time. His official preoccupations inspired many of the themes and strategies of the novels and stories he wrote at night.
These documents include articles on workmen's compensation and workplace safety; appeals for the founding of a psychiatric hospital for shell-shocked veterans; and letters arguing relentlessly for a salary adequate to his merit. In adjudicating disputes, promoting legislative programs, and investigating workplace sites, Kafka's writings teem with details about the bureaucracy and technology of his day, such as spa elevators in Marienbad, the challenge of the automobile, and the perils of excavating in quarries while drunk. Beautifully translated, with valuable commentary by two of the world's leading Kafka scholars and one of America's most eminent civil rights lawyers, the documents cast rich light on the man and the writer and offer new insights to lovers of Kafka's novels and stories.
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American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim.
This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers The Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually too much medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Point by point, Baker—a leading authority on insurance and law—pulls together the research that demolishes the myths that have taken hold and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability.
The Medical Malpractice Myth is a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.
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Reliable source on the fundamentals of insurance law covers topics such as insurable interest, risk, insurer defenses, waiver and estoppel, recovery, subrogation, reinsurance, and bonds. In addition, expert analysis provides a sense of the peculiar directions insurance law would take, and their erroneous outcomes, if the pure principles of contract law were applied.
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Secure the best title insurance coverage with the assistance of this revised and completely updated deskbook. Comprehensive yet practical, this book provides the expert tools and essential information for transactional real estate attorneys who need to understand the complexities of title insurance coverage. Of critical importance is the detailed legal analysis of the new 2006 ALTA Forms, including the 2006 ALTA Owner's Policy and 2006 ALTA Loan Policy. This edition now includes an invaluable CD-ROM containing the complete appendices.
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Those involved in construction have to cope with so much learning in their own discipline that they shun further involvement in subjects such as insurance and law, which in themselves are so deeply and intensely complex. However, insurance and law are interwoven in the basic procedures used in the construction industry for undertaking work, be they design, construction, supervision or operation, or any combination of them. Furthermore, they both interact with the theory of risk and the application of risk management. From the legal point, the interaction with risk emanates from the very purpose of the construction contract, which is to allocate the risks between the parties to which the project is exposed. From an insurance aspect, risk forms the basis of insurability and premium calculation.
This thorough and readable text deals with the subject of construction insurance from the rationale behind it through to its day-to-day practice.
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This casebook provides detailed information on insurance law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
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The CISG is the United Nations Convention on Contracts for the International Sale of Goods; a treaty ratified by about 70 countries that provides a uniform international sales law. The occasion of the CISG's 25th anniversary signals something extremely significant in the world of international commercial law: the true coming of age of the CISG, as evidenced by (and as a result of) several thousand available court and arbitration decisions world-wide applying the CISG. To celebrate this occasion, a conference was organized by the University of Pittsburgh's Center for International Legal Education and the United Nations Commission on International Trade Law (UNCITRAL). Drafting Contracts Under the CISG is a collaborative and important result of that conference.
This publication brings together the intellectually sophisticated yet extremely practical and original contributions written by leading CISG scholars from around the globe and practitioners experienced in dealing with the CISG. Included are 140 sample clauses, a complete model sales agreement, and contextual analysis of contract drafting issues.
The CISG is a new reality and is very relevant to US attorneys at the planning and negotiation stages of a sales transaction. It is increasingly the case that a lawyer in the US, or virtually anywhere else, cannot adequately serve a client's needs without knowledge of and skill in using the Convention to help, for example, prevent transactions from aborting over choice of law conflicts, and to offer alternatives that can resolve bargaining impasses.
International commercial lawyers will find sample clauses dealing with major contract issues under the CISG, including:
opting into the CISG while providing an appropriate gap-filling source of law
passage of risk of loss
right to inspection of goods
force majeure
warranties and warranty disclaimers
limitations on remedies
choice of forum
pre-contractual relationships and prior communications
confidentiality of negotiations
retention of the power of revocation of an offer
strict time limits for acceptance of an offer
the "battle of the forms"
the law governing contract validity
parole evidence
party rights upon breach
notice requirements to preserve rights
notice of avoidance
entitlement to interest
specific performance versus damages
buyer's right to substitute goods
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Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001.
From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance.
Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand.
Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
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After your casebook, "Casenotes" will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs.
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This book is intended as a complement to the authors' Insurance Law: Doctrine and Materials, following its general pattern but integrating the jurisprudence from other common law jurisdictions, particularly the USA.
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In the last two decades, there has been a significant shift in thinking and in the approach taken to actuarial practice: moving from deterministic methods (with implicit or explicit margins to protect against variability) to fully stochastic methods. Important international developments are currently being made in actuarial education, with radical changes being implemented in Australia and North America, and evolutionary changes planned in the UK.At the same time, the Consultative Group of Actuarial Associations within the EU and the International Forum of Actuarial Associations are both actively considering the international harmonization of professional qualifications.Modern Actuarial Theory and Practice matches the philosophy of those international developments, and the manner in which actuarial qualifications are changing and are likely to continue to change. It describes the traditional areas of actuarial activity with an emphasis on the fundamental principles, as well as the economic, financial, and statistical foundations of actuarial theory and practice. Information is presented in five interconnected sections:oInvestmentoLife InsuranceoGeneral InsuranceoPensionsoActuarial Modelswhich can be read separately or taken as part of the integrated whole.This text will be an invaluable aid for final-year undergraduates, MSc students, research students preparing for an MPhil or Ph. D degree, and to student actuaries preparing for the professional actuarial examinations of a number of professional bodies. Practicing actuaries will also find this a useful guide to current methodologies and models.
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A "plain English" approach to Medicare and Medicaid Provide your clients, customers, or employees concise, easy to read descriptions of the Medicare and Medicaid federal health insurance program for the aged, disabled and certain low-income individuals with the 2007 Medicare and Medicaid Benefits booklet. This annual edition offers an overview of the Medicare and Medicaid Programs, including the latest legislative developments impacting Medicare and Medicaid, while covering the basics of Medicare Part A, Part B, Medicare Advantage (Part C), and Prescription Drug Plans (Part D). This plain language approach includes practical examples to explain: - Exclusions from Medicare - Payment Rules, Claims, and Appeals - Covered Services - Eligibility and Enrollment - Prescription Drug Coverage - Eligibility Groups and Coverage Rules
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This treatise shows how principles or doctrines such as insurable interests, designation of insurers, and risk transference apply to property, life, liability, or other types of insurance. It also examines frequently disputed issues and suggests lines of analysis to consider when you and your client become involved in these matters. Includes references to judicial decisions and secondary literature. Also includes Westlaw® queries to help you find the latest insurance case law.
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This work provides analysis of the legal and regulatory facets of syndicated loans, secondary loan market practice and other related financial practices. Acknowledging the dynamic growth in the secondary loan market, Mugasha covers loan trading, credit derivatives, collateralised debt obligations, mezzanine and hybrid debt solutions--all topical issues for finance lawyers.
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This is a book which will be invaluable to those who purchase Bermuda Form insurance, their lawyers, and arbitrators involved in disputes arising therefrom.