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Insurance Law and Policy: Cases and Materials, Fifth Edition

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Authors
  • Tom Baker
  • Kyle D. Logue
  • Chaim Saiman
Series / Aspen Casebook Series
BOOKMARK
Book length
832 pages
Publication Date
2021-02-17
Edition
Fifth Edition
Teaching Materials
NO
Description
Table of contents

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

A contemporary, easy-to-teach text by the Reporters for the new Restatement of the Law Liability Insurance, this casebook invites students and teachers to re-imagine the field of Insurance Law. The authors demonstrate the big-picture role of insurance law and policy in American business and society, exploring federal-state regulatory roles in depth as well as the traditional topics covered in casebooks. Insurance Law and Policy: Cases and Materials uses more statutory material than any other casebook, with statutes typically presented through problems. Manageable assignments contain one major case followed by informative notes, questions and a problem. This text appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course. The Teacher’s Manual—with case briefs, backgrounds on selected cases, simple diagrams that explain complex issues, and answers to questions and problems—is especially useful for instructors new to the course.

New to the Fifth Edition:

  • Expanded coverage of the role of insurance in disasters and catastrophes, including the COVID-19 pandemic
  • Extensive treatment of the now-finalized Restatement of the Law, Liability Insurance
  • Reorganization of the liability insurance chapters to facilitate more step-by-step learning
  • Replacement of a few difficult-to-teach cases with new, more straightforward cases

Professors and student will benefit from:

  • Focus on the big picture of federal-state regulatory roles in addition to the traditional insurance coverage topics addressed in other Insurance Law casebooks
  • Extensive use of statutory materials, with statutes typically presented through carefully-constructed problems
  • Manageable assignments structured with one major case, informative notes, questions, and a problem
  • Interesting, up-to-date cases, with context-setting introductions, on topics such as cyber insurance, the role of private insurance in responding to public catastrophes, and the new Restatement of the Law Liability Insurance
  • Cases are longer, providing students better grounding in the art of extracting useful knowledge from judicial opinions
  • Elimination of some of the arcane aspects of insurance law in favor of presenting a broad and conceptual overview of the field    
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About the authors
Tom Baker
Professor
University of Pennsylvania

Tom Baker is the William Maul Measey Professor of Law at the University of Pennsylvania Carey Law School. He is a highly regarded insurance expert, a leading scholar of insurance law and policy, and a devoted law teacher. His research explores insurance law, institutions, and markets using methods from history, economics, psychology, and sociology. His many books, articles, and reports address topics such as the impact of insurance on personal injury and securities litigation, health insurance reform, insurance underwriting and claims management, the historical development of insurance institutions, insurance company restructuring, and many aspects of insurance coverage.

Recent articles include "Regulating Robo Advice Across the Financial Services Industry," which outlines a regulatory trajectory to address the automation of financial services advice, and "Uncertainty Risk: Lessons for Legal Thought From the Insurance Runoff Market," which argues for understanding insurance markets as centrally about managing uncertainty, not predictable risks. Current research topics include cyber liability and insurance, long-term care insurance, secondary insurance markets, and the empirical study of insurance litigation.

Baker is the Reporter for the American Law Institute’s Restatement of the Law Liability Insurance and a co-founder of Picwell, a health data analytics company that provides advanced decision support tools to health insurance exchanges, insurers, and employers. Before joining the Penn Law faculty in 2008, Baker served for eleven years as the inaugural Connecticut Mutual Professor and Director of the Insurance Law Center at the University of Connecticut.

After graduating from Harvard Law School, Baker clerked for Judge Juan R. Torruella of the U.S. Court of Appeals for the First Circuit, practiced with the law firm of Covington & Burling, served as Associate Counsel to the Independent Counsel for Iran-Contra, and entered law teaching as an associate professor at the University of Miami Law School.

Kyle Logue
Professor
University of Michigan

Kyle Logue is the Douglas A. Kahn Collegiate Professor of Law at the University of Michigan Law School. He teaches and writes primarily in the areas of torts, tax, and insurance law, fields in which he has particular substantive expertise. But his scholarly interests are wide ranging. Deploying insights from disciplines outside of law, including economics, psychology, and philosophy, he has written on a variety of topics related to law, policy, and legal theory. Among the questions Logue is currently exploring are: the role of private and public insurance in responding to cyber threats, how to use tort law (or some alternative compensation regime) to encourage auto-safety innovation, and the function that private and public law might play in efficiently and fairly allocating the costs of climate change adaptation.

Professor Logue has published numerous articles in leading law reviews, including the Yale Law Journal, Michigan Law Review, Stanford Law Review, the Chicago Law Review, and the Tax Law Review. One of his areas of special expertise is insurance law and regulation. He has written or co-written a number of widely-cited articles in the field and is the co-author of one of the leading insurance law casebooks, Insurance Law and Policy: Cases and Materials (5th ed. 2021) (with T. Baker & C. Saiman). He was also the Associate Reporter for the American Law Institute’s Restatement of Law of Liability Insurance, which was completed in 2018.

Logue has served, and continues to serve, in a number of administrative roles at the Law School. He was the Associate Dean for Academic Affairs from 2006 to 2008, for example, and he will be the Associate Dean for Faculty and Research beginning in January 2022. From 2006 to 2016, he was the Wade H. and Dores M. McCree Collegiate Professor of Law. Since 2016, he has held the Douglas A. Kahn Collegiate Professorship.

Logue is a graduate of Auburn University, where he was a Harry S. Truman Scholar, and Yale Law School, where he was an articles editor on the Yale Law Journal. Before joining the University of Michigan faculty, he practiced law in the Atlanta office of the law firm Sutherland, Asbill & Brennan. Prior to that, he served a one-year judicial clerkship with the Honorable Patrick E. Higginbotham on the U.S. Court of Appeals for the Fifth Circuit.

Chaim Saiman

Chaim Saiman is a Professor of Law and Chair in Jewish Law at Villanova University Charles Widger School of Law. He is a scholar of Jewish law, insurance law, and private law, and has recently published Halakhah: The Rabbinic Idea of Law with Princeton University Press. Professor Saiman has served as the Gruss Visiting Professor of Talmudic Law at both Harvard Law School and the University of Pennsylvania Law School, a visiting fellow at Princeton University and a visiting professor at the University of Toronto, Bar-Ilan, Hebrew University and IDC faculties of law. Saiman sits as a rabbinical court judge (dayyan) with the Beth Din of America and serves as an expert witness in insurance law and Jewish law in federal court.

Professor Saiman received his B.S. from Georgia State University, and his J.D. from Columbia University School of Law. He also studied for a number of years at Yeshivat Har-Etzion (Gush) and Yeshivat Kerem B’Yavneh in Israel. Prior to joining the faculty at Villanova, he was an Olin Fellow at Harvard Law School a Golieb Fellow at NYU Law School, a law clerk to Judge Michael McConnell on the Tenth Circuit Court of Appeals, and worked as a corporate associate with the firm Cleary Gottlieb in New York. At Villanova, Professor Saiman teaches Contracts, Insurance Law, Insurance Coverage Disputes, Jewish Law, and Legislation.
Product Information
Edition
Fifth Edition
Publication date
2021-02-17
Copyright Year
2021
Pages
832
Connected eBook + Hardcover
9781543819755
Connected eBook (Digital Only)
9781543849837
Subject
Insurance Law
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