Reinsurance Contract Wording
Author | : Robert W. Strain |
Publisher | : Strain Pub |
Total Pages | : 819 |
Release | : 1996-02-01 |
Genre | : Business & Economics |
ISBN | : 9780939727483 |
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Author | : Robert W. Strain |
Publisher | : Strain Pub |
Total Pages | : 819 |
Release | : 1996-02-01 |
Genre | : Business & Economics |
ISBN | : 9780939727483 |
Author | : Wallace Wang |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 244 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 904119889X |
We seem to be living at a time when insurance is strained to the breaking point. From hurricanes and earthquakes to terrorist attacks and threats of nuclear devastation, enormous risks to life and property; and accompanying liabilities; proliferate on an unprecedented scale. Insurer insolvency is not yet common, but it is not unusual either. And at the root of such failures often lies the compound failure of uncollectable reinsurance. This important book proposes that a significant part of the emerging insurance crisis results from inadequate regulation of reinsurance. In a detailed and cogent analysis of what an effective regulatory regime for reinsurance must entail, the author examines such factors as the following: direct supervision of reinsurers versus supervision of reinsurance policies models from developed countries (US, UK, EU) and international organisations (Organization for Economic Cooperation and Development, International Association of Insurance Supervisors) the importance of taking legal and economic differences into account while applying models the problem of local protectionism, especially in developing countries the dismantling of trade barriers in the reinsurance industry global harmonization of reinsurance regulation the role of reinsurance intermediaries finite risk reinsurance insurance-linked securities. The author's concluding chapter presents an essential legal infrastructure that allows for efficiency, security, and individual market characteristics. Professor Wang then applies this framework to the Taiwanese insurance market, demonstrating convincingly how his proposed regime can solve specific problems while respecting Taiwan's distinct market environment. As a meticulously considered appraisal of, and solution to, a world problem that is growing quickly and uncontrollably, Reinsurance Regulation will be of immense value to lawyers, professors, academics, and officials who deal with any facet of economic law.
Author | : Michael W. Elliott |
Publisher | : |
Total Pages | : 360 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : 9780894621420 |
Author | : Chartered Insurance Institute |
Publisher | : |
Total Pages | : |
Release | : 1991 |
Genre | : Insurance |
ISBN | : 9781853690570 |
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).
Author | : R. Michael Cass |
Publisher | : |
Total Pages | : 228 |
Release | : 1997 |
Genre | : Business & Economics |
ISBN | : |
Author | : John E. Tiller |
Publisher | : |
Total Pages | : 747 |
Release | : 2015 |
Genre | : Health insurance |
ISBN | : 9781625429025 |
"Life, Health, & Annuity Reinsurance addresses the many issues and considerations involved in reinsurance for life, health and annuity companies. Although written by actuaries, it may be read by anyone interested in the topic and does not require an actuarial background"--
Author | : Pierpaolo Marano |
Publisher | : Springer Nature |
Total Pages | : 714 |
Release | : 2020-03-11 |
Genre | : Law |
ISBN | : 3030311988 |
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.