The phrase-noun “insurance policy”: From Whence Came It?

 “INSURANCE POLICY“As everyone knows, contracts of insurance are often called “insurance policies.” On and off, over many years, I have wondered why, but have been too lazy to try and find out.  This project has given me what I tentatively think may be the answer.  It’s definitional. In Volume II of Samuel Johnson’s A DICTIONARY OF THE ENGLISH LANGUAGE at p. 1477, there is a definition of “policy,” and it contains three alternatives. Only one of them is possibly applicable. Definition #2 reads this way: “Art, prudence; management of affairs; stratagem.” [Spelling Updated]  Surely having insurance is a prudent management of one’s affairs, so–perhaps–the contract which constituted exactly that ended up being called a “policy.”  In these days and times, it is relatively common to use a noun into a very, for some purposes. Long ago we might see verbs being converted into closely related nouns.

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Cross Examination Trap: Error versus Lie

 Suppose a witness W is asked a question on cross examination and W testifies p as to what happened between W and another person Y.  Perhaps W is a party.Now suppose the the cross examiner “Y is probably going to come here and testify, you are saying that if Y says not-p he will be lying. True?”So at this point what should W say? He has several choices:(1) “Yes he would be lying.” The chances are this answer should be avoided.(2) “I don’t know.” Again, this unequivocal answer should be avoided if possible.  This statement may be true, but there is at least one other truthful answer that may be better. (3) “If X asserts not-p, his statement will be false. Maybe he will be merely mistaken Whether he is lying or not is a different matter. I can’t know for certain what’s going on in his head.” I suggest that (3) is the truthful answer W should probably give to the cross examiner’s question. S/he is almost certainly simply trying to score a rhetorical point with the jury .  

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Lawyers, Election Law, Jurisprudence, and Proper Governance

ELECTION LAW, GOVERNANCE, AND DEMOCRACY

Factions and therefore political parties are something that acutely concerned many of the “Founding Persons,” of our republic e.g., both Washington and Madison, among many others. 

Political parties are a paradox. At the same time, they are both required for large democracies and a threat to them. 

In elections, the applicable law must be followed–something all reasonable lawyers and most other citizens know. 

One wonders if parties and political figures alike have a moral obligation–all republics and all democracies include moral or ethical obligations as to political conduct as part of their constitutive structures–to conduct elections in accordance with other principles as well election laws.  —MSQ

Suppose it is within the law for a candidate to actually or impliedly threaten opposing candidates and those who support them with jail (prison) terms simply for their opposing him/her. Most of us would agree that this is not an acceptable way conduct political campaigns in a republic or democracy. It seems to me that knowledge of this is especially true of lawyers. 

Now, what about the following statement, whether clearly and explicitly made or clearly implied:

“If I do not win this election, I will refuse to leave office and simply take over. Votes cast be damned.” —MSQ

It might be within free political speech to say such things, but is it within the sound jurisprudence of election law?

Wouldn’t ethical principles forbid this kind of threat and negativity?

Does it not undermine fundamental principles of both democracy and the principles which make a country a republic?

Does it not disrespect the country and its essence as well as its constitution?

Does it not remind historically oriented lawyers of “Natural Law,” something which was guiding principles of the foundation of our republic?

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Lawyers’ Symbol of American at Its Finest

AMERICAN PATRIOTISM FOR LAWYERS

Patriotism is best understood as love of country. That idea does not imply that one cannot also be critical of the country one loves, even fiercely sometimes. Love of country implies that one sees excellence in that country. Excellences can also be referred to as “glories.”

They can not only exist; they can be formulated, stated, celebrated, set to song, discussed, embodied in literature, for examples poetry, and more.

They can also be memorialized in historical events and/or relationships.

One of the glories of our republic is to be found in the relationship between Justices Ginsburg and Scalia. This one should be taught in schools at several levels. Biographies should be written and read. It should not be forgotten.—MSQ

Indeed, it should be remembered and emphasized during times which at least appear to threaten the republic.

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ODD-BALL “PROFESSIONAL” LIABILITY COVERAGE

KEYS & THE BIZ

A very large number of American families have young (or young-ish) children, dogs as pets, and both parents working. Forget about the covet-19 disaster; this too shall pass eventually. Now think about family economics before it and afterward. Part of it will involve families taking trips where they are away from the house.

Clearly, in that social system, there have been and there will be people who make their living (or part of it, anyway) by taking care of other people’s pets.  There are sitters; there are walkers; there are trainers; there are keepers (kennels), canine hoteliers, equine boarding houses, as it were (popularly known as stables), and so forth. Now, ignore vets; they are a different breed, as it were.

Still, even ignoring potential vet negligence, there is a whole genre of coverage sometimes called “pet care insurance.” (There is even a company by that name.) As with many other small businesses, there is liability insurance for these folks.  There will be general liability insurance (CGL), bonds for dishonesty, coverage for negligent bailment e.g., food poisoning, letting the cat be run over, letting Elenor’s miniature poodle gets bitten by a snake, failure to prevent a “dog war” where the walker is walking six dogs, two of which don’t like each other, and so forth.

One of the oddest components of these coverages is coverage for lost keys. I suppose it’s obvious enough when you think of it, but in these policies, there is often coverage for lost keys. Chelsea is sitting the three dogs of the Strump family, and the keys disappear.  It has been estimated that more than 20% of all covered losses are for this kind of event and the resultant damage expenses there might be. Furthermore, I suppose that if Chelsea loses the Strump keys and there is a break-in at the house, Chelsea might have extensive liability. (Granted, it might involve a subrogation action by the homeowner’s carrier or its fine arts policy.)

Why else? Because, whatever happens,  all the locks which the lost keys fit and operate will have to be replaced. If you have a large house with expensive locks, the size of the compensable injury would go up pretty fast. Maybe the doors would also have to be repaired or replaced. Imagine that the locks cannot be removed without tearing up the expensive paint on the doors. (Even routine key cases might well involve several thousand dollars, and if the sitter is working her way through college, that loss might be something overwhelming.  These small business persons are going to need very small copays.)

Now, start multiplying the relative size of the operation. Imagine that the business has a number of part-time sitters and that there must be coverages for each of them.

Odd-ball? Sure. Surprising coverage? No doubt. Necessary for this unusual-looking business? Probably. Not everything is odd-ball, however. It should surprise not coverage lawyer that policies specify that what is being “sat” is “truly a pet.” I think this means that if Chelsea is sitting the Strump’s pig, Ivan, but he is not simply a member of the household, as it were, but also a commercial active entity, then there would be no pet sitting coverage for Chelsea unless the Stump’s has a second real pet.

One may remember that the 2012 Republican candidate for president is said to have driven on a family vacation trip with the large family dog strapped to the roof of the car. Many doubt this actually happened. There was considerable campaign disagreement about this at the time. “Animal cruelty, by God!” said some. But one lesson for sure. Leave the dog at home; hire at least one sitter; and make sure s/he has coverage–after all, you have to hand over your keys.

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Quinn Quotes

A variation is never identical to that which is being varied upon.  This too is probably a necessary truth.  Both variances can be true at the same time. Then again sometimes they are something like contradictory, though probably not completely, given the meaning of “variation.”~Michael Sean Quinn, PhD, JD, CPCU, Etc.Tweet

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Michael Sean Quinn, PhD, JD, CPCU, Etc*., is available as an expert witness in insurance disputes and other litigation matters. Contact