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Insurance Contracts and Judicial Discord over Whether Liability Insurers Must Defend Insureds' Allegedly Intentional and Immoral Conduct: A Historical and Empirical Review of Federal and State Courts' Declaratory Judgements -- 1990-1997

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dc.contributor.author Rice, Willy E.
dc.date.accessioned 2010-03-02T20:22:18Z
dc.date.available 2010-03-02T20:22:18Z
dc.date.issued 1998
dc.identifier.citation 47 Am. U. L. Rev. 1131 en_US
dc.identifier.uri http://hdl.handle.net/10601/75
dc.description.abstract This Article will present some compelling evidence arguing against the use of the declaratory judgment action to resolve duty-to-defend controversies in state and federal courts. Part I presents a brief overview of federal and state declaratory judgment statutes and of the scope and purpose of liability (third party) insurance contracts. Part II discusses the origin and scope of insurers' duty to defend and pay defense costs under liability contracts. Part III addresses these difficult and complex changes. Part III also reports that both questions generate serious conflicts among state and federal courts. Part IV discusses whether insurers must defend lawyers and physicians who have been accused of immoral conduct. Parts V and VI examine whether homeowners' insurers have a duty to defend insureds against two extremely serious and widespread allegations-"sexual molestation" and "wrongful-death." Finally, Part VII presents an empirical analysis of federal and state courts' duty-to-defend declaratory judgments between 1900 and 1997. The Article concludes by encouraging litigants to weigh seriously the efficacy of asking courts to determine whether liability insurers must defend third-party suits involving intentional torts or allegations. en_US
dc.language.iso en_US en_US
dc.publisher American University Law Review
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/aulr47&collection=journals&id=1145&men_hide=false&men_tab=citnav
dc.relation.uri https://advance.lexis.com/api/document/collection/analytical-materials/id/3VBG-NMM0-00CW-G008-00000-00?context=1000516
dc.relation.uri https://a.next.westlaw.com/Document/I75721b114a6b11dba16d88fb847e95e5/View/FullText.html
dc.subject Duty-to-defend en_US
dc.subject Declaratory judgment en_US
dc.subject Insurance contract en_US
dc.subject Immoral conduct en_US
dc.subject Homeowner's insurance en_US
dc.title Insurance Contracts and Judicial Discord over Whether Liability Insurers Must Defend Insureds' Allegedly Intentional and Immoral Conduct: A Historical and Empirical Review of Federal and State Courts' Declaratory Judgements -- 1990-1997 en_US
dc.type Article en_US


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