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Insurance Law-Notes - Insurance Law Prof Rosh Ins Law...

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Insurance Law Spring 2005 R. Santalesa Prof. Rosh Ins. Law First Class 01/12/05 Spring 2005 -Professor Robert Rosh - [email protected]; 27th fl. 27th and Madison Ave. He clerked for 2d Circuit J. Atlerier? and worked for Devoise and Plimpton. TEXT : Kenneth S. Abraham, Ins. Law and Regulation, 3rd Ed. (Univ. Case Series) Q: Why insurance law? ANS> There's a lot of public policy and it permeates our society' essential to functioning. And insurance is where the money is!! NOTE: Most litigation involves an insurance company in some form. He's practicing lawyer, not academic approach. Litigation standpoint and strategy. He's defense perspective -- in-house view of ins. company at New York Life Ins. Co. § RULE #1: JURIES LIKE WIDOWS, ORPHANS AND DISABLED PEOPLE WIN IF THEY GET TO A JURY. Fight to the death with ins. companies in family situations. Here you'll get an insight into the mind of in-house counsel -- to defeat your enemy you have to know your enemy. TAKE HOME EXAM: harder and more realistic. Long fact pattern, where many bad things happen. and then write letter to in-house counsel or memo as some counsel to analyze the set of bad facts using the case law we've discussed in the course -- don't' have to and are not allowed to do any other research -- using general principles of insurance law we've talked about in this class. IDEA: 48 or 72-hours and we'll picked whatever 48 or 72 hours is most convenient in our final schedule. Thinking about problem, and then maybe 6-hours working on it: 12 pages, double-spaced, 1" margins. BRIEFING CASES: Most of our decisions we read here are app. cases -- first thing on appeal the court asks "What's the standard of review" on appeal? If you understand the SOR you'll have a greater insight into to the decision. STANDARDS OF REVIEW [review Admin law SOR chart] De novo - law; review completely a new. No deference to the lower court's decision. Ex. if summary judgment is granted , the app. court has to look at it afresh and give it a fresh look -- questions of law, jury instructions were incorrect are de novo reviewed. And all the facts in the complaint have to be assumed as true. Clearly erroneous - facts [no reasonable person could have to that conclusion on the facts] Substantial evidence - administrative records Abuse of discretion - if trial court went outside of its powers; deferential standard. Arb & capricious - facts or law. 2ND APPEALS COURT ASKS IS: "Who was the judge below?" By knowing these items (standard of review) and who the judge was below you'll be able to know as lawyers whether it's worth your clients' money to appeal. By far your most valuable asset is... Most valuable asset for insurance purposes is YOUR ABILITY TO GENERATE 1
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Insurance Law Spring 2005 R. Santalesa Prof. Rosh EARNED INCOME. Q: How do you protect this most valuable asset?
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