Insurance Law Class Syllabus
Professor Ronald V. Miller, Jr.
Fall 2011
September 1, 2011
THE ESSENCE OF RISK
What is Insurance?
GAF Corp. v. County School Board
Optional on Lexis: ( 1-1 New Appleman on Insurance Law Library Edition § 1.03)
Nature of the Insurance Relationship
Deschler v. Fireman's Fund American Life Insurance
September 8, 2011
Fortuity
More Insurance Law Information
Compagnie Des Bauxites, v. North America
Insurable Interests
Snethen v. Oklahoma State Union of Famers
Brewton v. Alabama Farm Bureau Mutual Casualty Ins. Co. (pp. 66-67)
Notes 1-3, 9 (pp. 67-71)
Beard v. American Agency Life Ins. Co., 314 Md. 235 (1988)
Review Maryland Insurance Administration Home Page
September 15, 2011
Personal Insurance
Mutual Saving Life Insurance v. Noah (pp. 72-77)
Introduction to Indemnity (pp. 92-93)
Valuation of Loss
Elberton Bathing Co. v. Ambassador Ins. Co. (pp. 93-98)
Doelger & Kirsten v. Nat. Union Fire Ins. Co. (pp. 98-102)
Notes 1-4 (pp.126-127)
September 22, 2011
REGULATION
An Overview of State Legislation and Administrative Regulation (pp. 171-184)
Notes (pp. 184-187)
Warranties
Vlastos v. Sumitomo Marine & Fire Ins. Co. (pp. 191-195)
Note 1 (pp. 195-196)
September 29, 2011
Misrepresentation of a Warranty
Berger v. Minnesota Mutual Life Ins. Co. (pp. 200-203)
Mutual Benefit Life Ins. Co. v. JMR Electrics Corp. (pp. 203-204)
Waxse v. Reserve Life Ins. Co. (p. 204)
Notes 4 & 6 (pp. 206-208)
The Limits of Regulation
Omaha Sky Divers Parachute Club Inc. v. Ranger Ins. Co. (pp. 217-219)
Notes (pp. 219-221)
In the Matter of Mostow v. State Farm Ins. Co. (pp. 233-235)
October 6, 2011
Waiver, Estoppel, and Election
Republic Ins. Co. v. Silerton Elevators, Inc. (pp. 243-247)
The Insured's Reasonable Expectations
Clark Peterson Co. Ins. v. Independent Insurance Associates (pp. 254-258) (cheat sheet)
Notes 1, 2 & 4 (pp. 258-259)
Parole Evidence
Taylor v. State Farm Mutual Auto Ins. Co. (pp. 272-276)
Notes 2 & 3 (p. 277-278)
Maryland on Parole Evidence and Contract Interpretation
Pacific Indemnity Co. v. Interstate Fire & Casualty Co., 302 Md. 383, 388, 488 A.2d 486, 488 (1985) (certified question)
October 13, 2011
FIRST PARTY COVERAGE
Introduction (pp. 279-280)
Life Insurance
Crobons v. Wisconsin Nat. Life Ins. Co. (pp. 280-284)
Uniform Determination of Death Act (p. 3)
Nielsen v. Provident Life & Accident Ins. Co. (pp. 287-290)
Crawford v. Equitable Life Assurance Society (pp. 292-303)
Lemke v. Schwarz (pp. 303-306)
Prudential Ins. Co. of America v. Athmer (pp. 316-321)
INA Life Insurance v. Brundin (pp. 335-342)
October 20, 2011
Disability Insurance
Shapiro v. Berkshire Life (pp. 361-364)
Prudence Life Insurance Co. v. Wooley (pp. 365-367)
Health Insurance
Connecticut General Life Ins. Co. v. Shelton (pp. 391-398)
Fuller v. CBT Corp. (pp. 400-402)
October 27, 2011
Bullwinkel v. New England Mutual Life Ins. Co. (p. 412-416)
Note 1 (pp. 417)
Sarchett v. Blue Shield of California (pp. 419-427)
Notes 1 & 2 (p. 427)
Property Insurance
Engle v. Redwood County Famers Mutual Ins. Co. (pp. 428-431)
Youse v. Employers' Fire Ins. Co. (pp. 431-433)
Introduction to Third-Party Coverages and Recurring Issues (pp. 535-537)
Stanley v. American Fire Casualty Co. (p. 537-540)
Notes 1, 6 and 7 (pp. 540-543) (for Note 7, refer to Appendix C in back of your text)
THIRD PARTY COVERAGE
Homeowner's Insurance
AMCO Ins. Co. v. Haht (pp. 545-550)
Nationwide Insurance v. Board of Trustees of the University of Illinois (pp. 550-552)
The Nature of Coverage (pp. 578-579)
The Insuring Agreement (p. 579)
November 3, 2011
CGL Policies
Gatx Leasing Corp. v. National Union Fire Insurance (pp. 580-585)
Montrose Chemical Corp. v. Admiral Insurance Co. (pp. 597-609)
Notes 1-5 (pp. 609-610)
Punitive Damages
First Bank (N.A.)- Billings v. Transamerica Ins. Co. (p.667-673)
November 10, 2011
Introduction to Auto Insurance: Common Coverages and Recurring Ideas (pp. 695-697)
Maryland Transportation Code § 17-103
McNeill v. Maryland Ins. Co. Guaranty Association (pp. 697-701)
DeJarnette v. Federal Kemper Ins. Co., 299 Md. 708 (1984).
Farm Bureau Mutual Ins. Co. v. Evans (pp. 702-703)
Maryland Automobile Insurance Claims (lecture)
November 17, 2011
Maryland Automobile Insurance Continued
Course Review
November 29, 2011 (Tuesday)
Potential makeup day if necessary
EXAM
The exam is on Sunday, December 11, 2011 at 9:00 a.m.
COURSE GOALS
Simply stated, our goal is that we all learn a lot about insurance law and have a good time in the process. I promise to work hard towards helping you acheive both of these goals.
This two credit course provides an overview of insurance law with a focus at times on Maryland law. We will look at various contracts of insurance, including life, health, property, accident, and liability. We will dig into the interpretation of insurance contracts; conditions precedent; representations; warranties; terms; conditions; coverages; insurable interests; rights of beneficiaries; exemptions; excess liabilities; waiver and estoppel; subrogation; controls on the insurance industry; procedural and evidentiary aspects, including pleadings, declaratory judgments, interpleaders, and joint tortfeasor releases.
ATTENDANCE
You are expected to attend each class on time. I will pass around a sign-in sheet each class session. It is your responsibility to sign this sheet. Our school's rule is clear: if you are absent more than five times you are precluded from taking the final exam.
CLASS
Certainly, I encourage the use of laptops for notetaking and accessing the internet for class-related information. Just make sure you avoid the random laptop internet searching (involving materials that are not related to that day’s class) or instant messaging because it distracts the entire class.
Please be prepared for class every single day. I'm certainly not looking to embarass anyone and I'm certainly not going to be critical of an unprepared student but my teaching style does lead to asking students at random what happened in individual cases.
EVALUATION
Two-thirds of your grade is the final exam. One-third of your grade is participation. Class participation is graded almost exclusively on effort - preparation, how you handle the cases and class discussion, and attendance.
SUMMARY
I am excited for a great semester! If you ever have any questions, comments or concerns, please call me at 410-553-6000 or email me at ronmiller@millerandzois.com.
