Protecting the innocent: a key rule of insurance coverage takes a wild ride in the courts
Article Abstract:
Judicial acceptance of the innocent co-insured doctrine has swung back and forth as insurers have revised policies and legislatures have revised mandated policy language. In the early 1980s, courts found that obligations to co-insureds were several, meaning that misconduct by one insured did not bar coverage for an innocent co-insured. Insurers changed policy language to provide that all insureds would be affected by the conduct of one insured. Some legislators have responded to reform statutory insurance policies to read "the insured" instead of "all insureds" or "any insured."
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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Advancing the rule of law
Article Abstract:
The International Bar Ass'n (IBA), an organization to promote the rule of law and respect for human rights with more than 18,000 individual lawyer- members and 174 member organizations, will hold its biennial conference Sept 13-18, 1998. The IBA and the ABA have a close relationship, as the former was founded in 1947 in New York with the assistance of the ABA. The IBA has sections on business law, general practice, energy and natural resources law. The IBA also established the Human Rights Institute in 1995.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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The innocent-spouse rule; measure can protect client from unfair tax burden
Article Abstract:
IRC Section 6013(e)'s 'innocent spouse' provision protects spouses who bear no liability for understating income on joint tax returns. The claimant must show that he or she had no reason to know of the substantial understatement of tax liabilities by the other spouse. Lack of knowledge by the innocent spouse is the element most often litigated. The required showing of the fundamental unfairness of holding the innocent spouse liable is also often litigated.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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