Reinsurance and the Law of Aggregation

Reinsurance and the Law of Aggregation
Author: Oliver D. William
Publisher: Routledge
Total Pages: 190
Release: 2021-01-28
Genre: Law
ISBN: 1000329100

In excess of loss reinsurance, the reinsurer covers the amount of a loss exceeding the policy’s deductible but not piercing its cover limit. Accordingly, a policy’s quantitative scope of cover is significantly affected by the parties’ agreement of a deductible and a cover limit. Yet, the examination of whether a loss has exceeded deductible or cover limit necessitates an educated understanding of what constitutes one loss. In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting one loss to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts. This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims. Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).

The Law of Reinsurance

The Law of Reinsurance
Author: Colin Edelman QC
Publisher: OUP Oxford
Total Pages: 0
Release: 2013-01-10
Genre: Law
ISBN: 9780199665044

Providing a complete analysis of the law of reinsurance this new edition gives extended consideration to complex areas, such as good faith, and issues on which there is no authority.

Reinsurance Practice and the Law

Reinsurance Practice and the Law
Author: Barlow Lyde & Gilbert
Publisher: Informa Law from Routledge
Total Pages: 0
Release: 2009
Genre: Reinsurance
ISBN: 9781843117964

Designed to reduce, to the absolute minimum, the legal difficulties involved in UK reinsurance transactions, this book covers all the areas of reinsurance that are likely to give rise to problems. Paying special attention to the drafting and operation of the reinsurance contract, the book also deals in detail with dispute resolution, including arbitration and commercial court practice and procedure. It provides advice on how to identify, minimize, and resolve problems that may arise with reinsurance contracts, including: a clear explanation of the basics of reinsurance contracts, including the relationships between parties and the various types of contracts the principles of drafting and interpretation of contracts, including reaching agreement, contract wordings, and choice of law the details of operating a contract, including claims handling, offset and funding, inspection of records, and transfer and termination deviation guidance on dispute resolution, including choice of l

Directors' and Officers' Liability Insurance

Directors' and Officers' Liability Insurance
Author: Adolfo Paolini
Publisher: Taylor & Francis
Total Pages: 225
Release: 2020-11-25
Genre: Law
ISBN: 1000341437

“With the ever increasing number of claims against directors and officers, this book provides a very welcome addition to the bookshelves which hitherto have lacked books on this important area” - Alison Green, Chairman of the Trustees of the BILA Charitable Trust. This book scrutinises the origins and the rationale underlying D&O insurance, and provides answers to the question of protecting directors against the potential liabilities they may face. It provides clear understanding about D&O policies wording, exclusions and issues of misrepresentation. The information contained in this new book includes Nature and Legality of D&O Liability Insurance, D&O Exclusions, Directors’ and Officers’ Liability to Third Parties, Directors’ Liability at Civil Law, D&O: Defence Costs Cover and Allocation, Aggregation Principles and D&O Cover and the Reinsurance of D&O Policies.

MacGillivray on Insurance Law

MacGillivray on Insurance Law
Author: Evan James MacGillivray
Publisher:
Total Pages: 148
Release: 1997
Genre: Aviation insurance
ISBN:

Dealing with all insurance risks other then marine, this text contains sections on insurable interest, non-disclosure, reinsurance, conflict of laws and policy terms. It also includes the Unfair Terms in Consumer Contract Regulations 1994 and the Rome Convention on Conflict of Laws.

Insurance Law Handbook

Insurance Law Handbook
Author: Noleen John
Publisher: Bloomsbury Publishing
Total Pages: 433
Release: 2022-03-17
Genre: Law
ISBN: 152651592X

Insurance Law Handbook is a general, practical and accessible guide to all aspects of insurance law, including marine, aviation, employers' liability and professional indemnity. The updated 5th edition includes: - New chapter on cyber insurance - New chapter on public liability insurance - New chapter on comprehensive crime insurance - Coverage of the Insurance Act 2015 - Consideration of the implications of Brexit This specialist work combines a full range of information in one convenient, time-saving source of reference. This title is included in Bloomsbury Professional's Insurance Law online service.