WILLAMETTE UNIVERSITY COLLEGE OF LAW
Winter 2005
Law 218: Insurance Law
Professor William R. Long
Insurance law is a growing and significant area in legal study and practice. Though derived from contract law, insurance law has potentially an effect on more transactions and interactions of daily life than any other area of law. Business and litigation attorneys alike need to be aware of insurance underwriting, regulation, contract interpretation and the way that insurance availability enters into litigation strategy. Because insurance law is derived from contract law, we will focus considerable attention on reading and construing insurance contracts from personal and business life. In this two-credit class, we will not cover some topics in insurance law (unemployment insurance, workers' compensation), which are covered in other courses in the Willamette curriculum. In addition, I will explore the way in which the Internet can be used in classroom instruction.
INSTRUCTOR: Professor William R. Long, Office 452. Email is blong@willamette.edu. Phone is (503) 370-6411. Office hour will be the hour after class or by appointment.
CLASS MEETING: M and W, 12:40 - 1:40 p.m., Room 122.
CLASS EXPECTATIONS, REQUIREMENTS and GRADING: Regular attendance, informed participation, ability and interest in interacting with the reading and each other and completion of a cumulative three-hour (closed-book) final examination which will cover the material of the class in detail. In addition, I will give two quizzes during the semester (February 21 and April 11). I will not permit the class to be added after the beginning of class on January 24. I retain the right to deduct a gradation for missing three or more classes. If you add the class late, the classes you missed before adding the class will be counted as absences. Grading will be based on the following:
Class attendance, participation, general readiness 15%
Quizzes 15%
Final 70% Since this is a class with more than 20 students, the grading rules adopted by the faculty for grade distribution and low grades apply. The policy provides, "In all second-and third-year classes with an enrollment of 20 students or more [we currently have 23]: (a) 10-15% of the grades shall be a C and below; and (b) at least 5% of the grades shall be below C." The mean grade for the course will be within the range of 2.80 - 3.00.
READINGS:
REQUIRED: 1. Abraham, Kenneth S., Insurance Law and Regulation: Cases and Materials (3rd ed., Foundation Press, 2000) ("Abraham").
RECOMMENDED: Jerry II, Robert H., Understanding Insurance Law (3d ed., LexisNexis, Matthew Bender, 2002) ("Jerry"). I will list a Jerry reading for most classes if you would like a more detailed, systematic treatment of the theme for the day. I do not expect you to read Jerry and I will not test you on his book, but it is a fine, lucid treatise covering the topics of the course in great detail.
TENTATIVE SCHEDULE
INTRODUCTION
Monday, January 17 Introduction, Warranties, Misrepresentation
READING: Abraham, 1-9, 21-27. Recommended: Jerry, 778-818, 140-149.
THE INSURANCE CONTRACT--GENERAL PRINCIPLES
Wednesday, January 19 Standard Forms; Construing Ambiguitites
READING: Abraham, 36-37, 40-54. Recommended: Jerry, 181-190, 237-238, 438-442.
Monday, January 24 The Role of the Agent
READING: Abraham, 56-65, 67-72. Recommended: Jerry, 254-285.
INSURANCE REGULATION
Wednesday, January 25 State Regulation of Insurance Policies
READING: Familiarize yourself with the web site of the Oregon Insurance Division. Recommended: Jerry, 112-132.
Monday, January 31 Voter Initiatives; Discrimination in Policies
READING: Abraham, 116-132. Recommended: Jerry, 133-140.
Wednesday, February 2 Federal Regulation/Antitrust Concerns
READING: Abraham, 95-97, 152-164. Recommended: Jerry, 69-111.
Probable Guest: Mr. Joel Ario, Administrator, Oregon Insurance Division.
TYPE I: FIRE AND PROPERTY INSURANCE
Monday, February 7 Reading a Policy; Insurable Interest; Subrogation
READING: Abraham, 165-179 (skim policy--know subjects it covers), 186-190, 194-198. Recommended: Jerry, 296-310, 705-737, 324-326.
Wednesday, February 9 Limited Interests
READING: Abraham, 200-207, 209-215, 219-223. Recommended: Jerry, 391-402, 406-407.
Monday, February 14 Exclusions and Exceptions: Dual Causation, Increase of Hazards
READING: Abraham, 223-235. Recommended: Jerry, 584-607, 442-445.
Wednesday, February 16 Measure of Recovery; Business Interruption
READING: Abraham, 236-239, 243-250. Recommended: Jerry, 676-699.
TYPE II: LIFE AND HEALTH INSURANCE
Monday, February 21 Quiz; The Life Insurance Policy; Insurable Interest
READING: Abraham, 252-271 (skim policy), 272-284. Recommended: Jerry, 310-318, 327-329.
Wednesday, February 23 Change of Beneficiaries; Limits on Recovery
READING: Abraham, 284-299. Recommended: Jerry, 326-333, 350-366.
Monday, February 28 Incontestability; Limitations of Risk
READING: Abraham, 305-314. 317-322. Recommended: Jerry, 825-838, 465-473.
Wednesday, March 2 Health Insurance: Cost Containment
READING: Find an Internet article or two either on access to health care or the debate over patient's bills of rights. Recommended: Jerry, 509-530.
Monday, March 7 Bad Faith
READING: Abraham, 373-380. Goddard v. Farmers Insurance , 173 Or App 633 (2001). Recommended: Jerry, 196-212.
TYPE III: COMMERCIAL GENERAL LIABILITY INSURANCE
Wednesday, March 9 Reading the Policy; The Insuring Agreement
READING: Abraham, 392-407 (The CGL policy), 179-185 (Liability in a Homeowner's policy), 408-417. Recommended: Jerry, 530-579.
Monday, March 14 Allocation of Coverage
READING: Abraham, 419-434. Recommended: Jerry, 548-561.
Wednesday, March 16 Exclusions and Conditions I
READING: Abraham, 444-460. Recommended: Jerry, 460-464, 474-490.
March 21-March 25 SPRING BREAK
Monday, March 28 Exclusions and Conditions II
READING: Abraham, 462-472. Recommended: Jerry, 561-569.
Wednesday, March 30 Exclusions and Conditions III
READING: Abraham, 472-487.
THE DUTY TO DEFEND/SETTLE
Monday, April 4 The Duty to Defend
READING: Abraham, 511-526. Recommended: Jerry, 855-897.
Wednesday, April 6 Settlement; Primary and Excess Insurance
READING: Abraham, 536-549.
TYPE IV: AUTOMOBILE INSURACE
Monday, April 11 Quiz; The Policy; Compulsory Coverage; Omnibus Clauses
READING: Abraham, 556-569 (Skim policy), 570-584. Recommended: Jerry, 989-1010.
Wednesday, April 13 Notice and Comment/Other Insurance Claims
READING: Abraham, 587-601. Recommended: Jerry, 1010-1034.
Monday, April 18 Collision and Comprehensive Coverage; Introduction to Uninsured or Underinsured Motorist Coverage
READING: Abraham, 601-608; 608-615.
Wednesday, April 20 Uninsured Motorist Coverage (continued); No Fault
READING: Abraham, 618-630. Recommended: Jerry, 999-1002, 1034-1051.
Copyright © 2004-2007 William R. Long |