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"INDEMNITY"
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Between blood and gold
A comparative study analyzing the debates within France and Great Britain relating to the question of compensation to former slaveholders. It lays out the philosophical, legal-political, and economic factors at play. It establishes a powerful new model for understanding the aftermath of slavery in the Americas.
eBook
The law of agreements to indemnify and liability insurance: a fifty-state survey
Indemnity is compensation given to make another whole from a loss already sustained. Contractual indemnity, on the other hand, is that which is voluntarily given as security or protection to prevent his or her suffering damage. But this contractually created indemnity has potential implications on another important form of contractual indemnity: the liability insurance policy.The ultimate question is whether the indemnity agreement is enforceable and what impact it has on the insurance obligation. A uniform format is followed in each of the state summaries:Section 1 - General Rules of Contractual Indemnity:A preliminary discussion of indemnity agreements.Section 2 - Exceptions to General Rules of Contractual Indemnity:Identifies statutory or judicially created exceptions to the general rules applicable to contracts of indemnity.Section 3 - Indemnity Agreements as Insured Contracts:Addresses the extent to which an insureds agreement to indemnify a third party constitutes an insured contract under the state law, negating the exclusion for contractually assumed liability to the extent of the indemnity.Section 4 - Operation of an Agreement to Indemnify Referring to or Requiring Insurance:Addresses the interplay between an insureds agreement to indemnify a third party, which is combined with a reference to first- or third-party insurance.While this is principally a survey of the intersection between general liability insurance and an insureds separate agreement to indemnify, the discussion of relevant case law is not always limited to general liability policies where discussion and analysis of other coverage is relevant to the subject matter of this survey.
eBook
Index Insurance for Developing Countries
Unlike conventional insurance, which indemnifies policyholders for verifiable production losses arising from multiple perils, index insurance indemnifies policyholders based on the observed value of a specified \"index\" or some other closely related variable that is highly correlated with losses. Index insurance exhibits lower transaction costs than conventional insurance, potentially making it more affordable to the poor in the developing world. However, it also offers less effective individual risk protection. This article provides a review of recent theoretical and empirical research on index insurance for developing countries and summarizes lessons learned from index insurance projects implemented in the developing world since 2000.
Journal Article
The Myth of Personal Liability
In Bivens v. Six Unknown Named Agents, the Supreme Court held that federal law creates a right to sue federal officials for Fourth Amendment violations. For the last three decades, however, the Court has cited the threat of individual liability and the burden of government indemnification on agency budgets as twin bases for narrowing the right of victims to secure redress under Bivens. In its most recent decisions, Ziglar v. Abbasi and Hernandez v. Mesa, the Court said much to confirm that it now views personal liability less as a feature of the Bivens liability rule than as a bug. But, to date, there has been no empirical examination of who pays when Bivens claims succeed.
This Article studies the financial threat that successful Bivens claims pose to federal officers and their employing federal agency. Information supplied by the Federal Bureau of Prisons in response to a Freedom of Information Act request identified successful Bivens actions over a ten-year period; in the vast majority of cases (over 95%), individual defendants contributed no personal resources to the resolution of the claims. Nor did the responsible federal agency pay the claims through indemnification. The data suggest, in short, that recent hostility to Bivens litigation rests on a perceived threat of personal liability that is much more theoretical than real. The data also raise important questions about the adequacy of existing constitutional remedies and the manner in which the Department of Justice exercises its settlement authority under the Federal Tort Claims Act and the Judgment Fund.
Journal Article
The Mysterious Romance of Murder
From Sherlock Holmes to Sam Spade; Nick and Nora Charles to Nero
Wolfe and Archie Goodwin; Harry Lime to Gilda, Madeleine Elster,
and other femmes fatales-crime and crime solving in fiction and
film captivate us. Why do we keep returning to Agatha Christie's
ingenious puzzles and Raymond Chandler's hard-boiled murder
mysteries? What do spy thrillers teach us, and what accounts for
the renewed popularity of morally ambiguous noirs? In The
Mysterious Romance of Murder , the poet and critic David Lehman
explores a wide variety of outstanding books and movies-some famous
(The Maltese Falcon, Double Indemnity), some known mainly to
aficionados-with style, wit, and passion.
Lehman revisits the smoke-filled jazz clubs from the classic
noir films of the 1940s, the iconic set pieces that defined
Hitchcock's America, the interwar intrigue of Eric Ambler's best
fictions, and the intensity of attraction between Humphrey Bogart
and Lauren Bacall, Robert Mitchum and Jane Greer, Cary Grant and
Ingrid Bergman. He also considers the evocative elements of
noir-cigarettes, cocktails, wisecracks, and jazz standards-and
offers five original noir poems (including a pantoum inspired by
the 1944 film Laura) and ironic astrological profiles of Barbara
Stanwyck, Marlene Dietrich, and Graham Greene. Written by a
connoisseur with an uncanny feel for the language and mood of
mystery, espionage, and noir, The Mysterious Romance of
Murder will delight fans of the genre and newcomers alike.
eBook
MEAN–VARIANCE INSURANCE DESIGN WITH COUNTERPARTY RISK AND INCENTIVE COMPATIBILITY
This paper studies the optimal insurance design from the perspective of an insured when there is possibility for the insurer to default on its promised indemnity. Default of the insurer leads to limited liability, and the promised indemnity is only partially recovered in case of a default. To alleviate the potential ex post moral hazard, an incentive compatibility condition is added to restrict the permissible indemnity function. Assuming that the premium is determined as a function of the expected coverage and under the mean–variance preference of the insured, we derive the explicit structure of the optimal indemnity function through the marginal indemnity function formulation of the problem. It is shown that the optimal indemnity function depends on the first and second order expectations of the random recovery rate conditioned on the realized insurable loss. The methodology and results in this article complement the literature regarding the optimal insurance subject to the default risk and provide new insights on problems of similar types.
Journal Article