Insurance

Insurance is when one party indemnifies another from a predefined risk in exchange for a premium. There are numerous kinds of insurance available to an individual, the most common of which are health insurance, car insurance and property insurance. Businesses also avail of insurance to protect their businesses from future risks. The kinds of insurance available to businesses include general liability insurance, property insurance, worker's compensation, directors and officers insurance, and life insurance.

Insurance terms vary according to the type of insurance provided, the risk insured, and the insurance provider. The general term, however, is that regardless of whether the predefined risk occurs or not, insurance premium will not be returned. Insurance companies play a great role in maintaining economic ability. It is in this regard that the government and courts established laws to regulate such commerce.

Insurance law covers three main issues: insurance policies, insurance claims and rates, and insurance business. Insurance law is a rather young set of rules and regulations. It was not until 1944 when the U.S. Supreme Court held in a case that insurance is a "commerce" and, thus, is subject to Congress' constitutionally-mandated authority of regulating interstate commerce. As a result of the 1944 ruling, the McCarran-Ferguson Act, which provides that state laws control the insurance business, was passed. For insurance business that is not regulated by state law, other federal laws, such as the Sherman Act, apply.

Insurance laws vary from state to state. A business, especially those who operate in many states, must retain the services of an insurance law attorney as they are knowledgeable of not just insurance law but also other areas of law that may affect insurance, such as taxation, labor laws, and securities law. Similarly, an individual must also retain the services of an insurance law attorney especially if the individual seeks to have properties located in different states insured.

For companies seeking to operate an insurance business, federal and state law are rigid in their requirements for such applications. For one, both the federal and state governments require that these companies maintain sufficient liquidity to cover claims subject to insurance policies. In addition, laws also limit the type of insurance a company can provide based on jurisdiction. It is thus imperative for these businesses to hire insurance law experts.

Both insurer and insured must be prudent in understanding the terms of the insurance policies. One of the issues arising from insurance law would be predatory practices of insurers offering undervalued insurance policies. Insurance is a complicated matter. Interpreting the terms of an insurance policy may need the expertise of an insurance law attorney especially if the buyer is unsophisticated. It is easy for an insurance company to lead a buyer to believe that they are buying one type of insurance and receive another type.

Another area of insurance law that would require the assistance of an attorney would be insurance claims. If the insurance policies were ambiguous, insurers can twist the language of the policies and deny coverage to an unsophisticated buyer. Filing an insurance claim is also tedious as the process often requires numerous paper work to evidence the occurrence of the risk covered by the insurance. In cases of health insurance, the insured need to keep all medical records in order to make a successful insurance claim.

Areas of Law

Insurance Law - Legal Information and Resources

Insurance

Insurance is when one party indemnifies another from a predefined risk in exchange for a premium. There are numerous kinds of insurance available to an individual, the most common of which are health insurance, car insurance and property insurance. Businesses also avail of insurance to protect their businesses from future risks. The kinds of insurance available to businesses include general liability insurance, property insurance, worker's compensation, directors and officers insurance, and life insurance.

Insurance terms vary according to the type of insurance provided, the risk insured, and the insurance provider. The general term, however, is that regardless of whether the predefined risk occurs or not, insurance premium will not be returned. Insurance companies play a great role in maintaining economic ability. It is in this regard that the government and courts established laws to regulate such commerce.

Insurance law covers three main issues: insurance policies, insurance claims and rates, and insurance business. Insurance law is a rather young set of rules and regulations. It was not until 1944 when the U.S. Supreme Court held in a case that insurance is a "commerce" and, thus, is subject to Congress' constitutionally-mandated authority of regulating interstate commerce. As a result of the 1944 ruling, the McCarran-Ferguson Act, which provides that state laws control the insurance business, was passed. For insurance business that is not regulated by state law, other federal laws, such as the Sherman Act, apply.

Insurance laws vary from state to state. A business, especially those who operate in many states, must retain the services of an insurance law attorney as they are knowledgeable of not just insurance law but also other areas of law that may affect insurance, such as taxation, labor laws, and securities law. Similarly, an individual must also retain the services of an insurance law attorney especially if the individual seeks to have properties located in different states insured.

For companies seeking to operate an insurance business, federal and state law are rigid in their requirements for such applications. For one, both the federal and state governments require that these companies maintain sufficient liquidity to cover claims subject to insurance policies. In addition, laws also limit the type of insurance a company can provide based on jurisdiction. It is thus imperative for these businesses to hire insurance law experts.

Both insurer and insured must be prudent in understanding the terms of the insurance policies. One of the issues arising from insurance law would be predatory practices of insurers offering undervalued insurance policies. Insurance is a complicated matter. Interpreting the terms of an insurance policy may need the expertise of an insurance law attorney especially if the buyer is unsophisticated. It is easy for an insurance company to lead a buyer to believe that they are buying one type of insurance and receive another type.

Another area of insurance law that would require the assistance of an attorney would be insurance claims. If the insurance policies were ambiguous, insurers can twist the language of the policies and deny coverage to an unsophisticated buyer. Filing an insurance claim is also tedious as the process often requires numerous paper work to evidence the occurrence of the risk covered by the insurance. In cases of health insurance, the insured need to keep all medical records in order to make a successful insurance claim.

Areas of Law

Trademark Law - Legal Information and Resources

Trademark

Intellectual property is a right granted to any person who created awork that is useful to the public. Because intellectual property is apossible source of valuable economic gains, holders of intellectualproperty rights are protected from the possibility of other peopletake economic advantage of the right holder's work. One of the areasof intellectual property is trademark, which refers to the symbol orthe name to signify a product or a service. Trademarks are highlyprotected because they are telling of the quality of certain productsor services, which is often the foundation of any business.

Application for the right to use a trademark is not an easy processthat is left to the hands of the applicant. Trademark law specifiesnumerous requirements, non-compliance of one would result to thedenial of the application. To apply for trademark rights, theapplicant can either: (1) file a mark with the United States Patentand Trademark Office with the intent to use that mark on a product orservice that will be offered to the public, or (2) by actually usingthe mark on a product or for a service.

The timing of the application for trademark right may be the firstbump that trademark rights applicants need to hurdle. Trademark law,which is a federal legislation, provides that the filing date servesas the date of constructive use of the mark. This means that the actof filing creates a nationwide priority of rights in case anotherperson decides to use the same or a confusingly similar mark.Trademark law emphasizes that there must be a bona fide intent to usethe mark for a product or a service to be sold to the public. Withoutthis bona fide intent to use, the application will be deemed invalidand fraudulent and the Trademark Office can impose penalties.Trademark law also requires that the trademark be used within sixmonths after the Trademark Office allows the use of such mark. Thefiling for a trademark right protects the holder from future disputeswhen a similar mark is used for a similar product or service bygiving him right of priority over the mark. In the internationaltrade scene, U.S. trade laws prohibits the entry of goods bearing amark which infringes on a registered mark into the country.

There is research involved in the application for trademark rights asexclusive trademark rights are also granted to those who have usedthe marks even without filing for registration with the TrademarkOffice if the use of such mark is prior to the filing forregistration. This means that when applying for trademark rights, theapplicant must ensure that no one else is using that mark. Ifsomebody else is using that mark before the filing for registration,the application can be denied.

Application for federal registration of a trademark or service markis a tedious process requiring research and review. It is thus a goodidea for applicants to employ the service of an expert trademark lawattorney to handle the legal requirements needed for trademarkregistration so that the applicant can focus on the business aspectof the trademark.

Areas of Law