Invitation or Ambush: The Scope of an Insured's Duty to Cooperate and the Slippery Slope of Information Sharing

The policyholder's “duty to cooperate” is built into every liability insurance policy, either expressly or through the application of a state's common law. The scope of an insured's duty to cooperate is often difficult to discern, however, in terms of the type and extent of information that the insured should provide as part of the insurer's investigation of the underlying matter for which coverage is being sought. Traditionally, the duty to cooperate was intended to encourage information sharing to allow the insurer to afford the policyholder a comprehensive, informed defense to the underlying claimant's allegations. This article examines the scope of the duty to cooperate and how that duty impacts the insured's obligation to share some reasonable amount of information as part of the insurer's investigation and defense of the underlying claim, noting potential pitfalls and risks that may arise from information sharing.     

Islam and Toleration: Studying the Ottoman Imperial Model

This article explores the relationship between religion and politics in the context of the recent debates on Islam and religious fundamentalism. I argue that too much attention is paid to the theological issues of Islam, and that we should rather focus on the historical conditions that tend to produce religious tolerance or intolerance. I use the Ottoman Empire as an example of a polity that succeeded in maintaining religious and ethnic toleration for the tremendous diversity it encountered within its frontiers. I analyze the specific relationship between the Ottoman state and Islam, the subordination of religion to the state, the dual role of religion as an institution and a system of beliefs as well as the intricacies of the millet system. I conclude that the particular relationship that was forged between religion and politics during the first four centuries of the empire promoted religious openness and toleration.     

Whose Safety Net? Home Insurance and Inequality

Drawing on prior theoretical and empirical work that has begun to constitute the insurance field as a distinct sociolegal research project, this study uses quantitative and qualitative data collected following Hurricane Andrew in 1992 to explore distributional questions within that field. Survey results show that higher income, age, and education were associated with having home insurance and that Hispanics and blacks were less likely than non-Hispanic whites to have insurance. The study provides the first quantitative evidence of bias in the insurance claims process by documenting a statistically significant and substantial ethnic difference in the timing of insurance payments. The qualitative research helps to explain the difference in the timing of insurance payments as the product of unconscious bias by insurance adjusters. The study concludes by proposing market-structuring regulation to reduce the inequality encountered.     

Assessment of Perceived Parenting Behaviors: The Exposure to Abusive and Supportive Environments Parenting Inventory (EASE-PI)

Due to an awareness of the frequency of child abuse and lack of a single instrument to assess the extent of exposure to both the abusive and supportive environments provided by parents, a 70 item inventory (the EASE-PI) was developed that is a self-report on how both mother and father treated the respondent. A factor analysis, which was subsequently replicated, revealed three abusive factors (representing emotional, physical, and sexual abusiveness) and three supportive factors (love/support, promotion of independence, and positive modeling/fairness). The same factors emerged regardless of gender of respondent and gender of parent. The inventory provides a means to investigate the differential and interactive effects of exposure to emotional, physical, and sexual abusiveness and the possible mitigating effects of different types of supportive behaviors by each parent.