Insurance Law

Few subjects are so practically important to the legal practitioner and yet so often given inadequate attention as the study of insurance law. Because of its critical role as a risk-spreading device for commercial enterprises generally, the importance of understanding how insurance contracts are interpreted and applied cannot be overstated, whether in the context of civil litigation or transactional work.

The purpose of this course is to introduce the student to a basic understanding of key insurance concepts, terminology and real-world applications. The student can expect to learn about the basic types of insurance products and the risks each are designed to address; the various duties owed by insurers and policyholders to one another and how disputes between them are dealt with in a variety of contexts; cost sharing mechanisms between insurers such as trigger, allocation and stacking of limits; and the peculiar regulatory regime that applies to the insurance industry. Assignments will emphasize practical skills such as drafting of coverage opinions, writing motions for summary judgment for or against rescission of an insurance policy, and assessing the insurance needs of a simulated business. The coursework will also highlight considerations for both in-house and outside counsel. Completion of first year torts and contracts coursework is the only prerequisite for this class.