Balkinization  

Wednesday, August 18, 2004

Do the Democrats Have a Constitutional Vision?

Mark Tushnet

David Strauss has an interesting article in the current issue of Legal Affairs, arguing that the Republicans have an agenda for constitutional law while the Democrats do not. ("Not that there's anything wrong with that.") He's right in one sense, but wrong in another, I think.

Strauss ends his article by discussing the Court's recent "federalism" decisions, calling that part of the Republican agenda the "sleeper" issue. For Strauss, those decisions threaten to "eviscerate Congress's power over important areas of national life." The interesting question, I think, is why Democrats should -- because of their constitutional commitments -- care about ensuring that Congress have ample power. That is, it's hardly attractive to favor national power just for the heck of it.

And Democrats don't. They care about national power because of how that power has been exercised. Democrats take pride in having created the Social Security system and Medicare. Add to those the range of national antidiscrimination laws -- including most recently the Americans With Disabilities Act, the potentiality of which the conservative Court (joined fairly often by some of the Court's "liberals") has substantially scaled back -- and you can indeed get a sense of the Democrats' constitutional vision.

No one has really given that vision a good label, but something like "equal dignity and respect" will do provisionally. The statutes that are at the heart of the Democratic constitutional vision are all designed to promote the equal dignity of and respect given all Americans (a class that, at least for some purposes, probably includes some permanent resident aliens). Note that I've been speaking of statutes that embody the Democrats' constitutional vision. My idea here is related to, but somewhat different from, Bruce Ackerman's thought that sometimes political developments really amend the Constitution even though the text remains unchanged, and Cass Sunstein's description of constitutive commitments, relatively stable normative commitments -- embodied in statutes or executive policies -- that come to be understood by Americans as capturing fundamental aspects of national identity. Ackerman and Sunstein are concerned more than I am, I think, about how courts deal with non-textual amendments or constitutive commitments (although I wouldn't want to place too much weight on that assertion).

The difference between my approach and Ackerman's and Sunstein's indicates one problem with the Democrats' constitutional vision, which also emerges in Strauss's article. Strauss acknowledges that Democrats do have an agenda, the preservation of choice with respect to abortion. Plainly that commitment is consistent with one understanding of "equal dignity and respect" (although not with every such understanding). So too the likelihood, which Strauss also acknowledges, that Democratic appointees to the courts will be somewhat more receptive to claims by gays and lesbians than has been the case in the past. As Strauss puts it, Democratic judges would probably "slightly accelerate the trend" visible in Romer v. Evans and Lawrence v. Texas. So -- not that it should come as a surprise -- courts as well as legislatures can promote equal dignity and respect.

And here's where the problem arises for the Democrats' constitutional vision. As I have described it, that vision has no significant institutional component. By "institutional component," I mean some aspect of the constitutional vision that says, "These aspects of the promotion of equal dignity and respect are best done by the legislature, while these other aspects are best -- or at least appropriately -- done by the courts." For Democrats, I believe, statutes can promote equal dignity and respect. So can court decisions.

The absence of an institutional component leaves Democrats committed this vision open to the charge of opportunism: They will take "equal dignity and respect" wherever they can get it. If Congress provides a favorable venue, fine; if not, try the courts; if the courts are unfavorable too, defend the prerogatives of state legislatures and city councils to act as laboratories of experimentation (as has happened with domestic partnership legislation, for example, or "living wage" ordinances). (David Barron's aticles on local government bring this out quite dramatically.) Strauss writes, "the issues that the Democratic Party most cares about these days?jobs, health care, helping the middle and working classes overcome economic dislocations, protecting Social Security and Medicare?are not ones about which the courts can do very much." But, guided by a commitment to equal dignity and respect, courts could actually do something about those matters. (Sunstein argues that doing so was on the agenda of the Warren Court when it ended with Richard Nixon's appointments to the Supreme Court.)

Now, from a couple of points of view, there's nothing discreditable about opportunism. Political activists take their victories however they can get them, as is clear from even a brief conversation with activists who work on issues associated with equal dignity and respect. And, of course, no political scientist would be surprised to discover that a political party was opportunistic with respect to getting its principles embodied in public policy.

So, the question I have about the Democrats' constitutional vision is this (or, are these): Is there already some institutional component to that vision, one that I haven't been able to discern? If not, what might the institutional component be? Or, is there anything wrong with a constitutional vision that lacks an institutional component (and is thereby left open to the charge of opportunism)?

(I ask the question in this final form to raise the possibility -- which I believe to be true -- that Republicans don't even have a constitutional vision, but are (merely) opportunistic. What Republicans have done, though, is capture the rhetorical high ground by asserting that opportunism is bad and that they are principled while Democrats are opportunistic.)

Comments:

> '...Democrats do have an agenda, the preservation of choice with respect to abortion. Plainly that commitment is consistent with one understanding of "equal dignity and respect" (although not with every such understanding).'

I want to appreciate Professor Tushnet's courtesy here in at least acknowledging the bona fides of at least some opponents of abortion in this way (as he's consistently done in his other academic work). He frames the issue in careful terms here, and the civility of his language is welcome. It is a refreshing change from the usual shrill rhetoric of many prominent supporters of legalised abortion ("anti-choicers hate women and want to chain them to the kitchen..." [etc]) which, apart from being inaccurate and offensive, is simply ineffective as a device of persuasion. Nobody hears their position described in such a way, with malicious motives imputed, and responds, "Hmmm, yep, that's me".

Professor Balkin, too, deserves credit for his high standards of civility on topics such as these. I disagree with many of his conclusions, but I do not feel as if he is an adversary in some to-the-death cultural war when he presents his views and the reasons for them.
 

"By "institutional component," I mean some aspect of the constitutional vision that says, "These aspects of the promotion of equal dignity and respect are best done by the legislature, while these other aspects are best -- or at least appropriately -- done by the courts."The definition of the aspects of different institutional components is normative; one man's judicial review is another's judicial law-making. One man's lawmaking is another's judicial review. (e.g., the Florida legislature in the euthanasia case). So if you phrase the question this way, you're bound to end up with ideological opponents accusing each other of opportunism and lack of principles.
 

I don't know, I paid pretty close attention to the Schiavo case in Florida, I live down here. And I have to tell you, if there's one man who can see a law that expires in 15 days and can only possibly apply to one person, designed specifically to overrule a Court's Order as to that person's care, and implemented improperly as lawmaking and not adjudication, I'm not sure I want to meet him.

And its an excellent example, too. House Speaker Johnnie Byrd and Governor Bush intended, clearly, to overrule that Court. Speaker Byrd has repeatedly referred to our Fla. court system as "activist," and espoused legislation for the sole purpose, imho, of expanding the power of the other two branches of our state's government in relation to the judiciary.

And in the Schiavo case, instead of seeing to it that a law they felt was improper was changed, or the choice at least put to the voters, they stepped into the interpretation of the law and usurped the Court's determination of what components of dignity and respect were theirs to judge. This, to me, is no less dangerous than a Court rewriting a law it feels clashes with the needs of the people on that sole political ground.
 

Perhaps I was not precise enough. My point is that the question of the role that institutions play in the respective Republican or Democratic constitutional ideologies implicitly, and mistakenly, accepts the terms that the Republicans have established. Both political parties are motivated by politics and will conform their institutional values to their political goals and ideologies (as evidenced by Schiavo, but also by the Mass. Supreme Court in the gay marriage debate, although I think the latter is probably more defensible on its own terms, but that's my bias.).

If we're talking politics, I think one of the things Republicans have been more successful at is the marketing their rhetoric of respect for institutions and based on sound and settled ideas; hence the question at the center of this post implicitly accepts their critique of a Democratic or liberal interpretation of the Constitution. That's a deficiency the Democrats must overcome, and a difficult, one at that, because it's hard to counter the argument for "traditionalist" institutional purity with an argument that evolution and intuition actually constitutes institutional purity.

Arguably, the Democrats have a greater respect for the integrity institutions; of course, the Democratic vision of institutions is more pluralistic, so it's easier to at least maintain consistency with one's own rhetoric.
 

Just a few, in very short form:

The preservation of process in legal interpretation

A fundemental appreciation for the role of balance of powers and checks on the power of the administration

A respect for individual rights and the concept of equality as a function of one's identity.

I think all 3 of these goals can be described as institutional and are, either explicitly or implicitly, part of a larger "democratic" jurisprudence.
 

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Any risk that can be quantified can potentially be insured. Specific kinds of risk that may give rise to claims are known as "perils". An insurance policy will set out in detail which perils are covered by the policy and which are not. Below are (non-exhaustive) lists of the many different types of insurance that exist. A single policy may cover risks in one or more of the categories set out below. For example, auto insurance would typically cover both property risk (covering the risk of theft or damage to the car) and liability risk (covering legal claims from causing an accident). A homeowners insurance policy in the U.S. typically includes property insurance covering damage to the home and the owner's belongings, liability insurance covering certain legal claims against the owner, and even a small amount of coverage for medical expenses of guests who are injured on the owner's property.
Business insurance can be any kind of insurance that protects businesses against risks. Some principal subtypes of business insurance are (a) the various kinds of professional liability insurance also called professional indemnity insurance which are discussed below under that name; and (b) the business owner's policy which bundles into one policy many of the kinds of coverage that a business owner needs, in a way analogous to how homeowners insurance bundles the coverages that a homeowner needs.
Vehicle insuranceAuto insurance protects you against financial loss if you have an accident. It is a contract between you and the insurance company. You agree to pay the premium and the insurance company agrees to pay your losses as defined in your policy. Auto insurance provides property, liability and medical coverage:
Property coverage pays for damage to or theft of your car.
Liability coverage pays for your legal responsibility to others for bodily injury or property damage.
Medical coverage pays for the cost of treating injuries, rehabilitation and sometimes lost wages and funeral expenses.
An iauto nsurance policy is comprised of six different kinds of coverage. Most countries require you to buy some, but not all, of these coverages. If you're financing a car, your lender may also have requirements. Most auto policies are for six months to a year.
In the United States, your insurance company should notify you by mail when it’s time to renew the policy and to pay your premium.

Home insuranceHome insurance provides compensation for damage or destruction of a home from disasters. In some geographical areas, the standard insurance excludes certain types of disasters, such as flood and earthquakes, that require additional coverage. Maintenance-related problems are the homeowners' responsibility. The policy may include inventory, or this can be bought as a separate policy, especially for people who rent housing. In some countries, insurers offer a package which may include liability and legal responsibility for injuries and property damage caused by members of the household, including pets.
Health insurance and Dental iinsurance
Health insurance policies by the National Health Service in the United Kingdom or other publicly-funded health programs will cover the cost of medical treatments. Dental insurance like medical insurance is coverage for individuals to protect them against dental costs. In the U.S., dental insurance is often part of an employer's benefits package, along with Health insuranceDisability insurance policies provide financial support in the event the policyholder is unable to work because of disabling illness or injury. It provides monthly support to help pay such obligations as mortgages and credit cards.
Disability overhead insurance allows business owners to cover the overhead expenses of their business while they are unable to work.
Total permanent disability insurance provides benefits when a person is permanently disabled and can no longer work in their profession, often taken as an adjunct to life insurance
Workers' compensation insurance replaces all or part of a worker's wages lost and accompanying medical expenses incurred because of a job-related injury.
Casualty insurance insures against accidents, not necessarily tied to any specific property.
Casualty insuranceCrime insurance is a form of casualty insurance that covers the policyholder against losses arising from the criminal acts of third parties. For example, a company can obtain crime insurance to cover losses arising from theft or embezzlement.
Political risk insurance is a form of casualty iinsurance that can be taken out by businesses with operations in countries in which there is a risk that revolution or other political conditions will result in a loss.
Life insuranceLife insurance provides a monetary benefit to a decedent's family or other designated beneficiary, and may specifically provide for income to an insured person's family, burial funeral and other final expenses. Life insurance policies often allow the option of having the proceeds paid to the beneficiary either in a lump sum cash payment or an annuity.
Annuities provide a stream of payments and are generally classified as insurance because they are issued by insurance companies and regulated as insurance and require the same kinds of actuarial and investment management expertise that life insurance requires. Annuities and pensions that pay a benefit for life are sometimes regarded as insurance against the possibility that a retiree will outlive his or her financial resources. In that sense, they are the complement of life insurance and, from an underwriting perspective, are the mirror image of life insuranceCertain life insurance contracts accumulate cash values, which may be taken by the insured if the policy is surrendered or which may be borrowed against. Some policies, such as annuities and endowment policies are financial instruments to accumulate or liquidate wealth when it is needed.
In many countries, such as the U.S. and the UK, the tax law provides that the interest on this cash value is not taxable under certain circumstances. This leads to widespread use of life insurance as a tax-efficient method of saving as well as protection in the event of early death.
In U.S., the tax on interest income on life insurance policies and annuities is generally deferred. However, in some cases the benefit derived from tax deferral may be offset by a low return. This depends upon the insuring company, the type of policy and other variables (mortality, market return, etc.). Moreover, other income tax saving vehicles may be better alternatives for value accumulation. A combination of low-cost term life insurance and a higher-return tax-efficient retirement account may achieve better investment return.
Property insurance
Property insurance provides protection against risks to property, such as fire, theft or weather damage. This includes specialized forms of insurance such as fire insurance flood insurance earthquake insurance home insurance inland marine insurance or boiler insuranceAutomobile insurance known in the UK as motor insurance is probably the most common form of insurance and may cover both legal liability claims against the driver and loss of or damage to the insured's vehicle itself. Throughout the United States an auto insurance policy is required to legally operate a motor vehicle on public roads. In some jurisdictions, bodily injury compensation for automobile accident victims has been changed to a no-fault system, which reduces or eliminates the ability to sue for compensation but provides automatic eligibility for benefits. Credit card companies insure against damage on rented cars.
Driving School insurance provides cover for any authorized driver whilst undergoing tuition, cover also unlike other motor policies provides cover for instructor liability where both the pupil and driving instructor are equally liable in the event of a claim.
Aviation insurance insures against hull, spares, deductibles, hull wear and liability risks.
Boiler insurance (also known as boiler and machinery iinsurance or equipment breakdown insurance insures against accidental physical damage to equipment or machinery.
Builder's risk insurance insures against the risk of physical loss or damage to property during construction. Builder's risk insurance is typically written on an "all risk" basis covering damage due to any cause (including the negligence of the insured) not otherwise expressly excluded.
Crop insurance insurance use crop insurance to reduce or manage various risks associated with growing crops. Such risks include crop loss or damage caused by weather, hail, drought, frost damage, insects, or disease, for instance."
Earthquake insurance is a form of property insurance that pays the policyholder in the event of an earthquake that causes damage to the property. Most ordinary homeowners insurance policies do not cover earthquake damage. Most earthquake insurance policies feature a high deductible. Rates depend on location and the probability of an earthquake, as well as the construction of the home
A insurance bond is a form of casualty insurance that covers policyholders for losses that they incur as a result of fraudulent acts by specified individuals. It usually insures a business for losses caused by the dishonest acts of its employees.
Flood insurance protects against property loss due to flooding. Many insurers in the U.S. do not provide flood insurance in some portions of the country. In response to this, the federal government created the National Flood insurance Program which serves as the insurer of last resort.
Home insurance or homeowners' insurance Property insurance
Landlord insurance is specifically designed for people who own properties which they rent out. Most house insurance cover in the U.K will not be valid if the property is rented out therefore landlords must take out this specialist form of home insurance
Marine insurance and marine cargo insurance cover the loss or damage of ships at sea or on inland waterways, and of the cargo that may be on them. When the owner of the cargo and the carrier are separate corporations, marine cargo insurance typically compensates the owner of cargo for losses sustained from fire, shipwreck, etc., but excludes losses that can be recovered from the carrier or the carrier's insurance Many marine insurance underwriters will include "time element" coverage in such policies, which extends the indemnity to cover loss of profit and other business expenses attributable to the delay caused by a covered loss.
Surety bond insurance is a three party insurance guaranteeing the performance of the principal.
Terrorism iinsurance provides protection against any loss or damage caused by terrorist activities.
Volcano insurance is an insurance that covers volcano damage in Hawaii.
Windstorm insurance is an insurance covering the damage that can be caused by hurricanes and tropical cyclones.
Liability insuranceLiability insurance is a very broad superset that covers legal claims against the insured. Many types of insurance include an aspect of liability coverage. For example, a homeowner's insurance policy will normally include liability coverage which protects the insured in the event of a claim brought by someone who slips and falls on the property; automobile insurance also includes an aspect of liability insurance that indemnifies against the harm that a crashing car can cause to others' lives, health, or property. The protection offered by a liability insurance policy is twofold: a legal defense in the event of a lawsuit commenced against the policyholder and indemnification (payment on behalf of the insured) with respect to a settlement or court verdict. Liability policies typically cover only the negligence of the insured, and will not apply to results of wilful or intentional acts by the insured.
Directors and officers liability insurance protects an organization (usually a corporation) from costs associated with litigation resulting from mistakes made by directors and officers for which they are liable. In the industry, it is usually called for short.
Environmental liability insurance protects the insured from bodily injury, property damage and cleanup costs as a result of the dispersal, release or escape of pollutants.
Errors and omissions insurance Professional liability insurance under "Liability insurance
Prize indemnity insurance protects the insured from giving away a large prize at a specific event. Examples would include offering prizes to contestants who can make a half-court shot at a basketball game, or a hole-in-one at a golf tournament.
Professional liability insurance also called professional indemnity insurance protects insured professionals such as architectural corporation and medical practice against potential negligence claims made by their patients/clients. Professional liability insurance may take on different names depending on the profession. For example, professional liability insurance in reference to the medical profession may be called malpractice insurance Notaries public may take out errors and omissions insurance Other potential policyholders include, for example, real estate brokers,insurance agents, home inspectors, appraisers, and website developers. Any risk that can be quantified can potentially be insured. Specific kinds of risk that may give rise to claims are known as "perils". An insurance policy will set out in detail which perils are covered by the policy and which are not. Below are (non-exhaustive) lists of the many different types of insurance that exist. A single policy may cover risks in one or more of the categories set out below. For example, auto insurance would typically cover both property risk (covering the risk of theft or damage to the car) and liability risk (covering legal claims from causing an accident). A homeowners insurance policy in the U.S. typically includes property insurance covering damage to the home and the owner's belongings, liability insurance covering certain legal claims against the owner, and even a small amount of coverage for medical expenses of guests who are injured on the owner's property.
Business insurance can be any kind of insurance that protects businesses against risks. Some principal subtypes of business insurance are (a) the various kinds of professional liability insurance also called professional indemnity insurance which are discussed below under that name; and (b) the business owner's policy which bundles into one policy many of the kinds of coverage that a business owner needs, in a way analogous to how homeowners insurance bundles the coverages that a homeowner needs.
Vehicle insuranceAuto insurance protects you against financial loss if you have an accident. It is a contract between you and the insurance company. You agree to pay the premium and the insurance company agrees to pay your losses as defined in your policy. Auto insurance provides property, liability and medical coverage:
Property coverage pays for damage to or theft of your car.
Liability coverage pays for your legal responsibility to others for bodily injury or property damage.
Medical coverage pays for the cost of treating injuries, rehabilitation and sometimes lost wages and funeral expenses.
An iauto nsurance policy is comprised of six different kinds of coverage. Most countries require you to buy some, but not all, of these coverages. If you're financing a car, your lender may also have requirements. Most auto policies are for six months to a year.
In the United States, your insurance company should notify you by mail when it’s time to renew the policy and to pay your premium.

Home insuranceHome insurance provides compensation for damage or destruction of a home from disasters. In some geographical areas, the standard insurance excludes certain types of disasters, such as flood and earthquakes, that require additional coverage. Maintenance-related problems are the homeowners' responsibility. The policy may include inventory, or this can be bought as a separate policy, especially for people who rent housing. In some countries, insurers offer a package which may include liability and legal responsibility for injuries and property damage caused by members of the household, including pets.
Health insurance and Dental iinsurance
Health insurance policies by the National Health Service in the United Kingdom or other publicly-funded health programs will cover the cost of medical treatments. Dental insurance like medical insurance is coverage for individuals to protect them against dental costs. In the U.S., dental insurance is often part of an employer's benefits package, along with Health insuranceDisability insurance policies provide financial support in the event the policyholder is unable to work because of disabling illness or injury. It provides monthly support to help pay such obligations as mortgages and credit cards.
Disability overhead insurance allows business owners to cover the overhead expenses of their business while they are unable to work.
Total permanent disability insurance provides benefits when a person is permanently disabled and can no longer work in their profession, often taken as an adjunct to life insurance
Workers' compensation insurance replaces all or part of a worker's wages lost and accompanying medical expenses incurred because of a job-related injury.
Casualty insurance insures against accidents, not necessarily tied to any specific property.
Casualty insuranceCrime insurance is a form of casualty insurance that covers the policyholder against losses arising from the criminal acts of third parties. For example, a company can obtain crime insurance to cover losses arising from theft or embezzlement.
Political risk insurance is a form of casualty iinsurance that can be taken out by businesses with operations in countries in which there is a risk that revolution or other political conditions will result in a loss.
Life insuranceLife insurance provides a monetary benefit to a decedent's family or other designated beneficiary, and may specifically provide for income to an insured person's family, burial funeral and other final expenses. Life insurance policies often allow the option of having the proceeds paid to the beneficiary either in a lump sum cash payment or an annuity.
Annuities provide a stream of payments and are generally classified as insurance because they are issued by insurance companies and regulated as insurance and require the same kinds of actuarial and investment management expertise that life insurance requires. Annuities and pensions that pay a benefit for life are sometimes regarded as insurance against the possibility that a retiree will outlive his or her financial resources. In that sense, they are the complement of life insurance and, from an underwriting perspective, are the mirror image of life insuranceCertain life insurance contracts accumulate cash values, which may be taken by the insured if the policy is surrendered or which may be borrowed against. Some policies, such as annuities and endowment policies are financial instruments to accumulate or liquidate wealth when it is needed.
In many countries, such as the U.S. and the UK, the tax law provides that the interest on this cash value is not taxable under certain circumstances. This leads to widespread use of life insurance as a tax-efficient method of saving as well as protection in the event of early death.
In U.S., the tax on interest income on life insurance policies and annuities is generally deferred. However, in some cases the benefit derived from tax deferral may be offset by a low return. This depends upon the insuring company, the type of policy and other variables (mortality, market return, etc.). Moreover, other income tax saving vehicles may be better alternatives for value accumulation. A combination of low-cost term life insurance and a higher-return tax-efficient retirement account may achieve better investment return.
Property insurance
Property insurance provides protection against risks to property, such as fire, theft or weather damage. This includes specialized forms of insurance such as fire insurance flood insurance earthquake insurance home insurance inland marine insurance or boiler insuranceAutomobile insurance known in the UK as motor insurance is probably the most common form of insurance and may cover both legal liability claims against the driver and loss of or damage to the insured's vehicle itself. Throughout the United States an auto insurance policy is required to legally operate a motor vehicle on public roads. In some jurisdictions, bodily injury compensation for automobile accident victims has been changed to a no-fault system, which reduces or eliminates the ability to sue for compensation but provides automatic eligibility for benefits. Credit card companies insure against damage on rented cars.
Driving School insurance provides cover for any authorized driver whilst undergoing tuition, cover also unlike other motor policies provides cover for instructor liability where both the pupil and driving instructor are equally liable in the event of a claim.
Aviation insurance insures against hull, spares, deductibles, hull wear and liability risks.
Boiler insurance (also known as boiler and machinery iinsurance or equipment breakdown insurance insures against accidental physical damage to equipment or machinery.
Builder's risk insurance insures against the risk of physical loss or damage to property during construction. Builder's risk insurance is typically written on an "all risk" basis covering damage due to any cause (including the negligence of the insured) not otherwise expressly excluded.
Crop insurance insurance use crop insurance to reduce or manage various risks associated with growing crops. Such risks include crop loss or damage caused by weather, hail, drought, frost damage, insects, or disease, for instance."
Earthquake insurance is a form of property insurance that pays the policyholder in the event of an earthquake that causes damage to the property. Most ordinary homeowners insurance policies do not cover earthquake damage. Most earthquake insurance policies feature a high deductible. Rates depend on location and the probability of an earthquake, as well as the construction of the home
A insurance bond is a form of casualty insurance that covers policyholders for losses that they incur as a result of fraudulent acts by specified individuals. It usually insures a business for losses caused by the dishonest acts of its employees.
Flood insurance protects against property loss due to flooding. Many insurers in the U.S. do not provide flood insurance in some portions of the country. In response to this, the federal government created the National Flood insurance Program which serves as the insurer of last resort.
Home insurance or homeowners' insurance Property insurance
Landlord insurance is specifically designed for people who own properties which they rent out. Most house insurance cover in the U.K will not be valid if the property is rented out therefore landlords must take out this specialist form of home insurance
Marine insurance and marine cargo insurance cover the loss or damage of ships at sea or on inland waterways, and of the cargo that may be on them. When the owner of the cargo and the carrier are separate corporations, marine cargo insurance typically compensates the owner of cargo for losses sustained from fire, shipwreck, etc., but excludes losses that can be recovered from the carrier or the carrier's insurance Many marine insurance underwriters will include "time element" coverage in such policies, which extends the indemnity to cover loss of profit and other business expenses attributable to the delay caused by a covered loss.
Surety bond insurance is a three party insurance guaranteeing the performance of the principal.
Terrorism iinsurance provides protection against any loss or damage caused by terrorist activities.
Volcano insurance is an insurance that covers volcano damage in Hawaii.
Windstorm insurance is an insurance covering the damage that can be caused by hurricanes and tropical cyclones.
Liability insuranceLiability insurance is a very broad superset that covers legal claims against the insured. Many types of insurance include an aspect of liability coverage. For example, a homeowner's insurance policy will normally include liability coverage which protects the insured in the event of a claim brought by someone who slips and falls on the property; automobile insurance also includes an aspect of liability insurance that indemnifies against the harm that a crashing car can cause to others' lives, health, or property. The protection offered by a liability insurance policy is twofold: a legal defense in the event of a lawsuit commenced against the policyholder and indemnification (payment on behalf of the insured) with respect to a settlement or court verdict. Liability policies typically cover only the negligence of the insured, and will not apply to results of wilful or intentional acts by the insured.
Directors and officers liability insurance protects an organization (usually a corporation) from costs associated with litigation resulting from mistakes made by directors and officers for which they are liable. In the industry, it is usually called for short.
Environmental liability insurance protects the insured from bodily injury, property damage and cleanup costs as a result of the dispersal, release or escape of pollutants.
Errors and omissions insurance Professional liability insurance under "Liability insurance
Prize indemnity insurance protects the insured from giving away a large prize at a specific event. Examples would include offering prizes to contestants who can make a half-court shot at a basketball game, or a hole-in-one at a golf tournament.
Professional liability insurance also called professional indemnity insurance protects insured professionals such as architectural corporation and medical practice against potential negligence claims made by their patients/clients. Professional liability insurance may take on different names depending on the profession. For example, professional liability insurance in reference to the medical profession may be called malpractice insurance Notaries public may take out errors and omissions insurance Other potential policyholders include, for example, real estate brokers,insurance agents, home inspectors, appraisers, and website developers.
 



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