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#Insurance Law Research Guide

Table of Contents

This guide provides a starting point for research in insurance law in the United States.

Introduction

This guide is intended as a starting point for research in insurance law at Georgetown Law Library. It includes both primary and secondary materials, in both print and electronic formats.

This study aid is an introduction to the fundamentals of insurance law. It covers topics such as insurable interest, risk, insurer defenses, waiver and estoppel, recovery, subrogation, reinsurance, and bonds.

Available on Lexis

This is a comprehensive and up-to-date treatise in the field of insurance law. It covers all aspects of insurance law, including personal insurance, casualty insurance, state funds, no fault insurance, commercial insurance bonds and liquidation. Leading cases from all jurisdictions are included. It analyzes each of the principal groupings of insurance contracts: personal, property, casualty, and commercial bonds, including matters common to all policies and it discusses many new types of insurance, such as franchise, credit life and disability, uninsured motorist and no-fault. It is updated annually.

Insurance Handbook, A Guide to Insurance: What it Does and How it Works HG8531 .I6

The Insurance Information Institute publishes this basic informational text on the various types of insurance. The detailed glossary with over 500 entries defines insurance terms regarding auto, home, life, annuities and long-term care products. Topical sections look at a myriad of issues, including credit scoring, earthquake risks, the liability system and medical malpractice and insurance regulation.

Case Law

This section lists and describes case law sources specific to insurance law. For information on case law research more generally, see the Library's Case Law Research Tutorial .

Westlaw Multistate Insurance Cases : This database contains "cases from the state courts of all 50 states and the District of Columbia that relate to rights and liabilities under insurance policies and the regulation of the insurance industry. Coverage varies by state."

CCH IntelliConnect Insurance Law Reports: Life, Health Accident Cases: Provides full text of recent federal court opinions, organized by type of insurance. Also includes cases on disability insurance.

CCH IntelliConnect Insurance Law Reports: Personal and Commercial Liability Cases: Provides full text of recent federal court opinions, organized by type of insurance. Categories include: homeowners' insurance, commercial general liability insurance, legal and medical malpractice insurance, flood insurance, fire and casualty insurance, directors' and officers' liability insurance, and title insurance.

Statutes Regulations

This section lists and describes statutory and regulatory law sources specific to insurance law. For information on statutory research more generally, see the Library's Statutory Research Tutorial .

Lexis State Codes, Constitutions, Court Rules ALS, All- Selected Insurance Material : This database "contains the statutory codes, state constitutions, court rules and current year slip laws (advance legislative service), as applicable, from the 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands."

National Association of Insurance Commissioners (NAIC) Model Laws (available through Lexis): This database contains "every NAIC Model Law, Regulation and Guideline published." It contains references to legislative histories and case law for each model law, and is updated quarterly.

Westlaw Annotated Multistate Insurance Statutes. This database contains insurance statutes from all 50 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, the Cayman Islands, and Bermuda.

Westlaw Insurance Regulations Suite. "Insurance Regulations Suite has insurance-related rules and regulations from all 50 states, the District of Columbia, and the Code of Federal Regulations. Coverage varies by jurisdiction."

U.S. Code Annotated-Insurance (FIN-USCA) (available through Westlaw): This database contains sections of the U.S. Code Annotated which are relevant to the insurance industry and insurance policies.

Important Federal Statutes:

The Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101 et seq.

• The ADA prohibits employers from discriminating against disabled employees' use of employer-sponsored health insurance plans.

Employee Retirement Income Security Act (ERISA), 29 U.S.C.A. §§ 1001 et seq.

• In addition to regulating retirement plans, ERISA also regulates employee benefits such as group life and health insurance.

The Family and Medical Leave Act (FMLA), 29 U.S.C.A. §§ 2601 et seq.

• The FMLA gives employees the right to maintain health insurance coverage while on leave for medical reasons or to take care of a family member.

The Patient Protection and Affordable Care Act, 42 U.S.C.A. §§ 18001 et seq.

• The health care reform law passed in 2010 will eventually prohibit health insurance companies from denying coverage or claims on the basis of pre-existing conditions. It will also establish health insurance exchanges and will eventually require all Americans to maintain health insurance coverage.

Treatises and In-Depth Resources

Appleman on Insurance

Available on Lexis

This is a comprehensive and up-to-date treatise in the field of insurance law. It covers all aspects of insurance law, including personal insurance, casualty insurance, state funds, no fault insurance, commercial insurance bonds and liquidation. Leading cases from all jurisdictions are included. It analyzes each of the principal groupings of insurance contracts: personal, property, casualty, and commercial bonds, including matters common to all policies and it discusses many new types of insurance, such as franchise, credit life and disability, uninsured motorist and no-fault. It is updated annually.