Admissibility and discoverability of first-party insurance claim reserves

Article Abstract:

An analysis of relevant cases indicates courts have generally ruled that insurance companies' loss reserves are not discoverable and admissible in first-party insurance claims cases. Such information is not relevant because it does not trigger a duty under a first-party policy. In addition, policyholders could be hurt by the disclosure of a company's loss reserves, since it would inhibit the candid assessment of claims in setting reserves out of fear of compelled discovery in further litigation.

States, Discovery (Law), Insurance policies, Reserves (Accounting)

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Brain mapping: should this controversial evidence be excluded?

Article Abstract:

Brain mapping information should not be allowed to be introduced into evidence to prove brain injuries. Uniformity in testing conditions does not exist and the basis of analysis is not yet developed in the scientific community. The generalized use of such information by plaintiffs' counsel cannot be supported by any judicial standard of proof.

Evidence, Scientific, Scientific evidence (Law), Brain mapping

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Hedonic damages - methodology and admissibility

Article Abstract:

The authors discuss hedonic damages, their valuation, their appropriateness, and the admissibility of evidence for them.

Analysis, Quality of life, Valuation, Hedonic damages

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