Insurance Excess And Reinsurance Coverage Disputes
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Author | : Ostrager, Newman |
Publisher | : Wolters Kluwer Law & Business |
Total Pages | : 2726 |
Release | : 2020-11-13 |
Genre | : Insurance claims |
ISBN | : 1543823696 |
The Handbook on Insurance Coverage Disputes has been in a constant state of development and expansion since its original publication in 1988. The continuously evolving scope and content of the Handbook reflects the thousands of decisions rendered by courts on insurance coverage issues over the past quarter century. Since its initial publication, the Handbook has been cited in more than 350 court opinions. The Twentieth Edition of the Handbook reflects numerous recent developments, trends and emerging issues in insurance law across a variety of substantive topics. Noteworthy new cases and in-depth case law analyses have been included in this new updated edition of the Handbook. Additionally, important changes in jurisdictional law on several topics of insurance and reinsurance law are reflected in this edition. Note: Online subscriptions are for three-month periods. Previous Edition: Handbook on Insurance Coverage Disputes, Nineteenth Edition, ISBN 9781454879824
Author | : John H. Mathias, Jr. |
Publisher | : Law Journal Press |
Total Pages | : 932 |
Release | : 2023-09-28 |
Genre | : Law |
ISBN | : 9781588520753 |
A comprehensive guide to the issues that can arise at every stage of a coverage dispute, from the initial inquiry to complex questions of law, evidence, procedure and strategy.
Author | : Barry R. Ostrager |
Publisher | : |
Total Pages | : 954 |
Release | : 2004 |
Genre | : Insurance |
ISBN | : |
Author | : Scott M. Seaman |
Publisher | : |
Total Pages | : 1893 |
Release | : 2020 |
Genre | : Joint tortfeasors |
ISBN | : 9781539284031 |
This treatise offers comprehensive treatment of many of the issues driving contemporary insurance claims and coverage litigation and reinsurance cessions and arbitrations.
Author | : David Scorey |
Publisher | : Oxford University Press, USA |
Total Pages | : 592 |
Release | : 2018-02-15 |
Genre | : Law |
ISBN | : 9780198754404 |
Providing analysis and interpretation on the construction of the Bermuda Form, this second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it. The work has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length. Providing valuable analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this work gives access to an otherwise closed arena and is an indispensible guide even for experienced practitioners in this field.
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 | : Barry R. Ostrager |
Publisher | : Wolters Kluwer |
Total Pages | : 2892 |
Release | : 1989 |
Genre | : Insurance |
ISBN | : 1454879823 |
Author | : Barry R. Ostrager |
Publisher | : Wolters Kluwer |
Total Pages | : 2814 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1454844191 |
In todayand’s insurance coverage litigation environment, the practitioner who needs to determine what isand—and is notand—covered under various policy provisions is up against some formidable challenges. Literally thousands of cases on insurance issues find their way into courtrooms every year, and the decisions can be as difficult to decipher as they are to track. Find the authoritative guidance you need with Ostrager and Newmanand’s Handbook on Insurance Coverage Disputes. This three-volume resource helps you quickly and easily pinpoint detailed analysis of lead cases in key jurisdictions, provides excerpts from standard insurance policies, including critical commentary on key provisions, and offers insights into planning and implementation of successful litigation strategies. Ostrager and Newmanand’s Handbook on Insurance Coverage Disputes, Seventeenth Edition addresses todayand’s critical coverage issues, such as: The Insurerand’s Duty to Defend Trigger and Scope of Occurrence-Based Coverage Bad Faith and Wrongful Refusal to Settle Property Insurance Rights and Obligations of Co-Insurers Insurability of Punitive Damages Excess Insurance and Analysis of Pollution Exclusions Directors and Officers Coverage Employee Discrimination and Sexual Harassment Claims Make the Handbook on Insurance Coverage Disputes your one-stop source for the current state of the law on: The effect of a reservation of rights letter...disclaimer and denials of coverage The rules governing all aspects of giving notice of a claim including mechanics of language and timelines Effect of misrepresentations and omissions in insurance applications Reverse bad faith and contributory bad faith Reinsurance The legal issues presented in litigation involving hazardous waste and environmental cleanup Coverage provided by general liability insurance, including personal injury and advertising injury coverage Rules for apportioning the cost of defense among insurers
Author | : Kenneth A. Froot |
Publisher | : University of Chicago Press |
Total Pages | : 490 |
Release | : 2007-12-01 |
Genre | : Business & Economics |
ISBN | : 0226266257 |
Is it possible that the insurance and reinsurance industries cannot handle a major catastrophe? Ten years ago, the notion that the overall cost of a single catastrophic event might exceed $10 billion was unthinkable. With ever increasing property-casualty risks and unabated growth in hazard-prone areas, insurers and reinsurers now envision the possibility of disaster losses of $50 to $100 billion in the United States. Against this backdrop, the capitalization of the insurance and reinsurance industries has become a crucial concern. While it remains unlikely that a single event might entirely bankrupt these industries, a big catastrophe could place firms under severe stress, jeopardizing both policy holders and investors and causing profound ripple effects throughout the U.S. economy. The Financing of Catastrophe Risk assembles an impressive roster of experts from academia and industry to explore the disturbing yet realistic assumption that a large catastrophic event is inevitable. The essays offer tangible means of both reassessing and raising the level of preparedness throughout the insurance and reinsurance industries.
Author | : Richard Jacobs QC |
Publisher | : Hart Publishing |
Total Pages | : 414 |
Release | : 2011-01-13 |
Genre | : Law |
ISBN | : 9781841138756 |
JOINT WINNER OF THE BRITISH INSURANCE LAW ASSOCIATION BOOK PRIZE 2012 This is the second, revised edition, of what has become and was described by the English Court of Appeal in C v D as the standard work on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but, surprisingly, subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture. A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. The Bermuda Form is thus not well understood, a situation not helped by the lack of publications dealing with it. Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it. This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom. '...deserves to be in the library of anyone who is, or is contemplating becoming, a party to a Bermuda Form arbitration...The authors, whom we have been associated with in some cases and opposed in others, have a wealth of experience with the Bermuda Form and the ability to share that experience with their readers in a clear and engaging style.' From the foreword by Thomas R Newman and Bernard Eder QC