Maryland Personal Injury Lawyers
Insurance Law Class Syllabus
More Insurance Law Information
Professor Ronald V. Miller, Jr.
Fall 2019
August 23, 2019
Introduction to Insurance Law
August 30, 2019
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
Fundamental Assumptions
Deschler v. Fireman’s Fund American Life Insurance
Introduction to Insurance PowerPoint
September 6, 2019
Fortuity
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 13, 2019
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 20, 2019
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 27, 2019
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 4, 2019
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 11, 2019
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)
November 1, 2019
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)
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)
November 8, 2019
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 8, 2019
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 15, 2019
Maryland Automobile Insurance Continued
Course Review
November 22, 2019 (Tuesday)
Let’s see if we need this day.
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 achieve 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 three 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 embarrass 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 low hanging that is graded almost exclusively on effort – preparation, how you handle the cases and class discussion, and attendance. Included in your participation grade may be an occasional unannounced quiz. The purpose of the quiz is simply to verify that you are keeping up with your class assignments.
SUMMARY
I am excited for a great semester! If you ever have any questions, comments or concerns, please call me at 410-779-4600 or email me at ronmiller@millerandzois.com.