The “Same,Related, or Interrelated” Acts or Claims Provision: Insurers’ Efforts to Expand the Reasonable Application of Such Provisions to Deny or Otherwise Limit Coverage under Claims-Made Policies

Claims-made insurance policies often contain provisions regarding the treatment of the same, related, or interrelated acts or claims. Such language may affect the number of policy limits and retentions available as well as the timing of when multiple claims are deemed made. This article examines sample policy language as to the same, related, or interrelated acts or claims provisions as well as the disparate case law interpreting such provisions. The result is several principles to guide policyholders in the application of such language and to counter insurers’ efforts to unreasonably use such language to limit or deny coverage.     

The British Election Study and Electoral Research

The British Election Study is the major data resource for investigating electoral behaviour among the British electorate. It has seldom been subject to open critical review from within the political science community, yet, together with extensions such as the British Election Panel Study, it absorbs a considerable proportion of the resources available for British political research. This article sets out a critical appraisal of the study, examining its institutional organization, theoretical scope, and methodological conventions. The thrust of the critique is the need for serious rethinking about all three aspects. For the British Election Study to advance our understanding of electoral behaviour requires a more inclusive approach to its organization; moving beyond a preoccupation with sociological and socio-psychological models of electoral behaviour; and systematic attention to measurement issues.     

Beliefs in Government

This article conveys the general findings of the multi-national, multi-volume Beliefs in Government research project, perhaps the most exhaustive analysis of mass beliefs and attitudes conducted in the west. In spite of considerable socio–economic change in recent decades, the study provides evidence of political stability, continuity and adaptability in west European countries. This suggests that political scientists should pay more attention than hitherto to pressures for inertia and continuity in western democracies.     

Last Insurer Standing: Accounting for Policyholder Settlements in an “All Sums” World

Abstract

In 2016, New York became the latest state to interpret insurance policies with prior insurance or non-cumulation of liability clauses as permitting a policyholder to recover damages under “all sums” for long-tail liabilities, including environmental liabilities. But two major questions were left unanswered in New York, as in many other states, when a policyholder seeks all sums recovery from a non-settled insurer after the policyholder settles with other insurers: first, how to account for a policyholder’s prior settlements—through set-off, contribution, or both. Second, how to calculate any set-off or contribution—should it be pro tanto, pro rata, or something else. This article examines the arguments on both sides of these issues and looks ahead to how courts may resolve these questions going forward.     

West European welfare states: The old politics of retrenchment

Analysing endeavours to restructure welfare provision, Paul Pierson proposes that the 'politics of retrenchment' is very different from the politics of welfare expansion. In particular, the difficulties of welfare retrenchment are not to be explained by existing theories of welfare expansion; and the 'old' politics of welfare expansion has little to offer in explaining the 'new' politics of welfare retrenchment. This article questions these claims. First, contemporary societal developments are considered in the light of three major theories advanced to explain the emergence of welfare states in Western Europe: the logic–of–industrialism, the crisis of capitalism, and nation–building. Secondly, focusing on trade unions, mainstream left parties, and traditions of governance, the current status of the political forces regarded as vital in building welfare states is assessed. The conclusion drawn is that the resilience of the welfare state in Western Europe lies less in the 'new' politics of 'policy lock in' and 'client interest groups' than in the persistence of the 'old' forces that led to the founding and expansion of welfare states.     

West European welfare states: The old politics of retrenchment

Abstract Analysing endeavours to restructure welfare provision, Paul Pierson proposes that the 'politics of retrenchment' is very different from the politics of welfare expansion. In particular, the difficulties of welfare retrenchment are not to be explained by existing theories of welfare expansion; and the 'old' politics of welfare expansion has little to offer in explaining the 'new' politics of welfare retrenchment. This article questions these claims. First, contemporary societal developments are considered in the light of three major theories advanced to explain the emergence of welfare states in Western Europe: the logic–of–industrialism, the crisis of capitalism, and nation–building. Secondly, focusing on trade unions, mainstream left parties, and traditions of governance, the current status of the political forces regarded as vital in building welfare states is assessed. The conclusion drawn is that the resilience of the welfare state in Western Europe lies less in the 'new' politics of 'policy lock in' and 'client interest groups' than in the persistence of the 'old' forces that led to the founding and expansion of welfare states.