Tulane Law Review
  • Main
  • Issues
    • All Volumes
    • Volume 87
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5 & 6
    • Volume 86
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • Volume 85
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5&6
    • Volume 84
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • Admiralty Law Institute
      • 2013
      • 2011
      • 2009
      • 2007
      • 2005
      • 2003
      • 2001
      • 1999
      • 1995
      • 1994
      • 1991
      • 1989
      • 1988
      • 1985
      • 1983
  • Events
  • Masthead
  • History
  • Purpose
  • Submissions
  • Order
    • Subscribe
    • Back Issues
  • Contact
Tulane Law Review
RSSTwitterFacebook
All Volumes | Admiralty Law Institute | 1991

Parsing the Admiralty Clause: Jurisdiction of Marine Insurance Transactions

Kenneth H. Volk | Symposium

The contract of marine insurance represents one of the characteristic stereotypes of maritime contracts. This paper will explore the analytical components and anomalies of admiralty jurisdiction as it relates to marine insurance and will conjugate, if you will, the “irregular verb” that constitutes admiralty jurisdiction of marine insurance contracts.

 

 

[Continue Reading...]

For Want of a Nail: Causation in Marine Insurance–The Pervasive Determinant

D. Thomas McCune | Symposium

Causation in marine insurance is both pervasive and perverse. It is pervasive in that the cause of a particular loss must be assessed in connection with every corresponding claim under a marine insurance policy to determine whether it is a covered risk; it is perverse in that it stubbornly resists rational analysis and hence the articulation of generally applicable principles. A consequence of causation’s dual personality is the occurrence of disputes between underwriters and their insureds about the answer to a deceptively simple question: What was the cause of the loss?

Some of these disputes become the subject of litigation [...]

[Continue Reading...]

Judicial Interpretation of Insurance Contracts in Maritime Law: The Duty of Good Faith in Handling Claims

Michael K. Clann; Brit T. Brown; Sylvia J. Sydow | Symposium

The diversity of remedies relating to the breach of the duty of good faith represents a real challenge to the uniformity of maritime law. This paper reviews judicial decisions that focus on bad faith in the claims handling stage. First, however, the current rules controlling uniformity (or, more accurately, dictating lack of uniformity) in the interpretation of marine insurance policies will be reviewed. Second, focus will shift to the diversity of state remedies available. This diversity will be illustrated by identifying representative issues and comparing their treatment under Texas law to their treatment under the laws of California, New York, [...]

[Continue Reading...]

Marine Cargo Insurance: An Overview

Donald T. Rave, Jr.; Stacey Tranchina | Symposium

Marine insurance encompasses many diverse risks within its basic classes of coverage. These include hull, cargo, freight, and marine liabilities. This Article will focus on the subject of cargo insurance and will explore issues concerning some of the clauses contained in typical cargo policies, courts’ interpretation of the coverage provided thereunder, and various elements necessary to obtain a recovery under a cargo policy.

 

[Continue Reading...]

Coverage, Warranties, Concealment, Disclosure, Exclusions, Misrepresentations, and Bad Faith

Patrick J.S. Griggs | Symposium

The title of this Paper, Coverage, Warranties, Concealment, Disclosure, Exclusions, Misrepresentations, and Bad Faith, sounds like a catalogue of the Seven Deadly Sins or something out of a Cold War spy novel. To those in the insurance industry and its supporting legal services these simple words spell “trouble.” Before looking at what form this trouble takes and what it means in the United Kingdom and the United States, some historical background is appropriate.

 

 

[Continue Reading...]

Choice and Uniformity of Law Generally

Donald M. Waesche | Symposium

The Wilburn Boat decision has not had a significant impact on admiralty law in the United States. The need for uniformity in admiralty law, and the desire for harmony between the laws of the United States and England in the interpretation of marine insurance policies, therefore, remain persuasive and viable goals.

 

 

[Continue Reading...]

Ethics Principles for the Insurer, the Insured, and Defense Counsel: The Eternal Triangle Reformed

Robert E. O'Malley | Symposium

This Article examines the conflict of interest issues that frequently arise in the insurance defense practice. Upon examination it becomes clear that these issues are neither as complex nor as difficult to resolve as they appear. The source of much of the confusion in liability insurance litigation is the “dual-client” doctrine, namely, the increasingly well-entrenched rule that the insurance defense counsel is deemed to have two clients in any given case: the insurer and the insured.

 

 

[Continue Reading...]

Ch-Ch-Changes: Stumbling Toward the Reasonable Expectations of the Assured in Marine Insurance

W. Wylie Spicer | Symposium

Marine insurance contracts have traditionally been interpreted according to well-established contract principles. The construction of policies is said to be governed by the same principles that apply to the construction of any other contracts. Phrases such as the “intention of the parties must be discovered from the document itself,” or words to that effect, still dominate the literature on marine insurance contracts. It is the document itself, not what the parties might have intended to write, that is important. Even in considering the most common exception to this rule, usage, evidence is only admitted to demonstrate the mutual intent of the [...]

[Continue Reading...]

Marine Insurance: Varieties, Combinations, and Coverages

Raymond P. Hayden; Sanford E. Balick | Symposium

The title of this paper, “Varieties, Combinations, and Coverages,” embraces virtually every significant development in marine insurance that has marked its evolution into the sophisticated industry that it is today. To aid those who must transit these sometimes difficult waters, this Article has been prepared with three primary objectives in mind. The first is to serve as a primer, informing the reader of the basic types of marine insurance coverages and explaning the more salient features of each.

One coverage that is a relatively new source of indemnity to the maritime industry is the comprehensive general liability (CGL) policy. The [...]

[Continue Reading...]
  • Directory

    • Admiralty Law Institute
      • 2013
      • 2011
      • 2009
      • 2007
      • 2005
      • 2003
      • 2001
      • 1999
      • 1995
      • 1994
      • 1991
      • 1989
      • 1988
      • 1985
      • 1983

Contact

Tulane Law Review
Tulane University Law School
6329 Freret Street
New Orleans, Louisiana 70118-6231
Telephone: (504) 865-5973 or (504) 865-5974
Facsimile: (504) 862-8858
E-mail: lawjournals@tulane.edu

Return to the Tulane website.

© 2012 Tulane Law Review

Search

Topics

Administrative Law Admiralty Jurisdiction Admiralty Law Antiassignment Clauses Antitrust Law Arbitration Child Custody Choice of Law Civil Law Civil Procedure Community Property Comparative Law Constitutional Law Contract Law Corporate Law Criminal Law Deepwater Horizon Oil Spill Employment Law Energy Law Environmental Law Family Law Federalism and Preemption Federal Preemption of State Law Fourth Amendment Health Care Law Insurance Law Intellectual Property Intercollegiate Athletics International Law Judicial Review Law and Economics Local Government Localism Louisiana Unfair Trade Practices Act Mixed Jurisdictions Municipal Government Piracy Preemption of State Tort Law Property Law Right to Counsel Roman Law Software Transactions Sports Law Tax Law Tort Law