The focus of this course is on the insurance coverage concepts and principles that are at issue in the heightened level of significant insurance litigation in the United States and that affect and determine the scope of insurance coverage provided to companies and individuals under standard form and manuscript policies. It includes a review of the basic types of insurance; fundamental insurance construction and interpretive analysis; the unique influence of minimal regulation and strong public and social policy considerations (overt and covert) in the development of United States insurance law; the substance and impact of theories of construction separated from the language of policies; recent developments and expected future trends in insurance relating to officers and directors, fiduciary, employers liability, errors and omissions, environmental, toxic tort, and crime/fidelity coverages; bad faith and duty of care issues; the evolution of the London Market and the potential for significant federal regulation of insurance in the United States. The course also focuses on providing an understanding of how to effectively counsel clients in recognizing and dealing with insurance issues.
There is a take-home exam, but, at the student's option, a paper may be utilized instead of the exam.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.