Insurance Decisions - A Survey and an Empirical Analysis

Abstract

The Fifth Circuit's twenty-two opinions covered a broad range of substantive and procedural questions. Therefore, Parts I through VI present a more thorough review of relevant facts and questions appearing in each decision. However, to obtain even greater insight into and appreciation of the appellate court's deliberations, the author conducted a content analysis of the decisions, generated some percentages, and performed a limited empirical analysis of the findings.

Part VII, therefore, presents several tables illustrating the types of legal questions, legal theories, plaintiffs, defendants, first- and third-party victims, and insurance contracts associated with the controversies. That part also highlights and compares the dispositions of the cases within each of the eight federal district courts and in the Court of Appeals for the Fifth Circuit.