Progressive Argumentative Essay

One of the principal grounds for rejecting insurance claims is that the claim is not covered by the terms of the policy, or is specifically excluded. The rule that coverage provisions should be interpreted broadly and exclusion clauses should be interpreted narrowly is really just a corollary of the Contra Proferentem rule which applies in the event of ambiguity i.e. it is the insurer who likely drafted the insurance contract and construing coverage provisions broadly, or exclusion clauses narrowly, will be to the detriment of the insurer as the party who drafted the contract. The construction of exclusion clauses and coverage provisions helps justify the objective intention of the contract. This is the intention which the court considers, a reasonable person in the position of the contracting parties, would have had. It is submitted that coverage provisions should be broad and encompassing and exclusion clauses should be narrow. However, before such a conclusion is reached, this paper will aim to justify the reasoning behind such a claim analysing arguments for and against such a proposition, drawing upon the landmark case Darlington Futures Ltd v Delco Australia Pty Ltd to help relate the discussion to issues raised by such considerations.

In Maryland, insurance policies are generally construed in the same manner as contracts. Collier v. MD-Individual Practice Ass 'n, Inc., 327 Md. 1, 5, 607 A.2d 537 (1992). An insurance contract, like any other contract, is measured by its terms unless a statute, a regulation, or public policy is violated thereby. Pac. Indem. Co. v. Interstate Fire & Cas. Co., 302 Md. 383, 388, 488 A.2d 486 (1985). We do not follow the rule, adopted in other jurisdictions, that an insurance policy is to be construed most strongly against the insurer. Collier, 327 Md. at 5; Cheney, 315 Md. at 766. We construe the instrument as a whole in order to determine the parties’ intent. Pac. Indem., 302 Md. at 388; Collier, 327 Md. at 5; Aragona v. St. Paul Fire & Marine Ins. Co., 281 Md. 371, 375, 378 A.2d 1346 (1977). In order to determine the intention of the parties, “Maryland courts should examine the character of the contract, its purpose, and the facts and circumstances of the parties at the time of execution.” Pac. Indem., 302 Md. at 388 (citations omitted). In doing so, we give the words their usual, ordinary, and accepted meanings. Id.; Mut. Fire Ins. Co. v. Ackerman, 162 Md. App. 1, 5, 872 A.2d 110 (2005) (citing Nationwide Mut. Ins. Co. v. Scherr, 101 Md. App. 690, 695, 647 A.2d 1297 (1994)). The test is what meaning a reasonably prudent layperson would attach to the term. Pac. Indem., 302 Md. at 388.

Better known as the debt ceiling compromise, the sequester was intended to serve as an incentive for the Joint Select Committee on Deficit Reduction, also known as the “supercommittee,” to come to a deal to cut $1.5 trillion over the next 10 years. If they could not come up with a deal, $1.2 trillion in further spending reductions would be implemented starting Jan. 1, 2013. Despite the deadline being extended to March 1, the supercommittee still could not come up with a plan. As a result, the sequester was set in motion, causing the government to trim its budget by $85.4 billion this year and by $1.2 trillion over the next 10 years (Zeitlin, “Fiscal cliff for dummies”)

State Farm has asked whether it has a duty to defend the insured pursuant to the insured’s homeowners policy. It is our opinion that State Farm has no duty to defend the insured under the insured’s homeowners policy. The insured’s homeowners policy entitled the insured to a defense for “a suit brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence.” In this case, these elements initially triggering the insured’s homeowners policy are likely satisfied. Nevertheless, the SECTON II – Exclusions section provides that the liability coverage does not apply to any of the fifteen exclusions specifically enumerated therein.

Plaintiff’s allegations must show that Maloney’s behavior was sufficient to prove he is liable. Maloney’s commissions for the sale of insurance policies are insufficient evidence that he acted

Prior to the accident, Plaintiff purchased a disability insurance policy (the “Policy”) from Defendant Common Insurance Company in New Amsterdam which provided issued insurance policy to Plaintiff.

Sexual thoughts pop in and out of most people’s mind, but especially teenagers, and there’s nothing they can do about it. It is normal for teenage boys and girls to experience this, more than ever when they are hitting puberty. The hormones in the body begin to act up and teenagers want to experience other things on their own. Males begin to grow pubic and facial hairs, and their voice starts to deepen, while girls’ breasts begin to develop and their body begins to take shape. After hitting puberty, teenagers are now at the point where they want to experience things. ‚Don’t go out there and get pregnant‛ a mother

Times. http://www.nytimes.com.2008/02/19/world /americas/19iht-princeton.1.10175351.html Fitzsimmons, W. 2014. Time out or Burn out for the Next Generation. Retrieved from

"[a]n insurance company has a duty to act in good faith in settling claims and a breach of that duty will give rise to a cause of action by the insured." Pasipanki v. Morton, 61 Ohio App. 3d 184, 185, 572 N.E.2d 234 (1990) (quoting Bean v. Metro. Prop. & Liab. Ins. Co., 9th Dist. No. 13543, 1988 Ohio App. LEXIS 4275, 1988 WL 114464 at *1 (Oct. 26, 1988)). Gekko did not act in good faith to settle Vic’s claim against Donna, and their failure to do so enables Donna has a cause of action against Gekko.

Overall I found Kinsale’s claims department to be an average claims operation; as a matter of practice, Kinsale has instructed their claim staff, as a protective measure, not to document their claim files with any opinion related statements with regards to liability, damages, file direction and-or claim value. Kinsale is of the opinion; Bad Faith litigation is occurring with greater frequency against insurers. That all insurers, are under a constant threat by the plaintiff’s bar, who are looking to expose carriers through discovery to Bad Faith litigation and seeking to identify any missteps in the claims handling process. Consequently, Kinsale has a heighten sensitivity to Bad Faith litigation, restricting their claims staff from posting any

It is often assumed that failure is a deterrent to achievement. Rather, failure should be seen as a motivator for a person to keep trying until the objective or aim of a particular mission is fulfilled.

In this report is a fully reasoned quantification of, our client, Mr. Steven Pearson’s personal injury claim against Mr. Fred Prendergast.

Answer: Property and casualty insurance protects property (houses, cars, boats, and so on) against losses due to accidents, fire, disasters, and other calamities. Property and casualty policies tend to be short-term contracts and, that’s why the subject to frequent renewal is, and one more characteristic feature is the absence of savings component. Property and casualty premiums are based on the probability of sustaining the loss. To estimate the key determinant of the price of an insurance policy, i.e. risks, insurance companies take third-party proceedings that develop models of catastrophe loss probabilities. Based on the numbers form Exhibit 5 of the case we see that

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own

We live in a technology driven world, almost everyone own a smartphone today. Uber and its competitors are allowing us to use an app on our smartphone to call for a cab. When a rider request a ride, the app gives you an estimated time of when the driver will arrive. It also calculates the fare and take the money out of your account. Whoever came up with the Uber idea is genius. Uber is beneficial to both the riders and the drivers. Uber created jobs for a lot of individuals, also for people who has a job but want to make extra money can drive Uber. The riders get high quality service for a fair price. In addition, the Uber app is easy to use and to understand. Increasing the amount of cars on the road results in faster pickup time which is