67 CBJ 506. BOOK REVIEW CONNECTICUT LAW OF UNINSURED AND UNDERINSURED MOTORIST COVERAGE: A GUIDE by Jon Berk and Michael C. Jainchill. The Atlantic Law Book Company, 1993, 315 pages of text, 87 pages of appendix, 18 pages of tables, 14 pages of index. $145.00.

Author:DALE P. FAULKNER*
 
FREE EXCERPT

Connecticut Bar Journal

Volume 67.

67 CBJ 506.

BOOK REVIEW CONNECTICUT LAW OF UNINSURED AND UNDERINSURED MOTORIST COVERAGE: A GUIDE by Jon Berk and Michael C. Jainchill. The Atlantic Law Book Company, 1993, 315 pages of text, 87 pages of appendix, 18 pages of tables, 14 pages of index. $145.00

506BOOK REVIEW CONNECTICUT LAW OF UNINSURED AND UNDERINSURED MOTORIST COVERAGE: A GUIDE by Jon Berk and Michael C. Jainchill. The Atlantic Law Book Company, 1993, 315 pages of text, 87 pages of appendix, 18 pages of tables, 14 pages of index. $145.00.Prediction: Within two years this first compendium of the Connecticut law on the volatile area of uninsured and underinsured will be cited by the State's Supreme Court.

Prediction: Within a month of publication, extraordinary demands for the book will gratify the publisher's choice of subject and authors.

Prediction: Users of the book need to heed seriously the authors' admonition that the law continues to evolve and, thus, care should be taken to keep abreast of this quick changing area.

If the authors had produced this project a decade ago, it might have been deemed to be unnecessary. And, if the authors had waited until the start of the next century, their work might be said to be archaic. However, their timing of the release of their work is nearly perfect.

Since 1990 with the Supreme Court's decision in Cohen v. Aetna Insurance Co.,(fn1) the law of uninsured motorist coverage has undergone sweeping change. The area has moved from the sanguine quarters of arbitration to the courtrooms - trial and appellate - and to the halls of the General Assembly. Thus, this area of the law has produced more judicial decisions than all other areas of insurance coverage combined.

And, unfortunately, the decisions have been marked by inconsistency. That phenomenon, probably resulting from disparate philosophies of appellate judges, has produced substantial perplexity for judges, arbitrators, and practitioners.

To enchance the timing of the book are the sweeping legislative changes, effective January 1, 1994, which are sure to trigger new issues and provoking questions. Banished by the newest incursion of the legislature is the bonanza of stacking - intra and inter policy. But, introduced in the new law is the ability of the consumer to buy uninsured limits up to twice the limits of bodily injury or liability...

To continue reading

FREE SIGN UP