Article Abstract:
New theories on tort liability could be increasing reinsurers obligation to pay losses arising from product liability lawsuits. These new tort liability theories have been used with some success against asbestos bodily injury claims and challenge the traditional precept of proximate cause and product identification. These decisions base liability on market share and business theories and do not require the plaintiff to prove the identity of the distributor or manufacturer of the product that inflicted the injury.
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Article Abstract:
Independent insurance agents will face a number of challenges in 1993. Many of these will be regulatory in nature. One of the biggest threats to agents is the prospect of federal legislation. Certainly, the interstate market needs to be made more uniform - especially in the area of licensing and solvency, but that will not be accomplished by undermining the McCarran-Ferguson Act. Other issues crucial to independent agents include health care costs, intangibles legislation and technical expertise.
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Article Abstract:
The Republican majority in the 104th Congress may be able to pass Superfund reform measures that ease the burden on the insurance industry. The industry would benefit from the elimination of retroactive joint and several liability for all waste disposed before 1987. The enormous cost of the cleanup, estimated at $700 billion, makes superfund liability the biggest risk for insurers other than major natural disasters.
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