Essentials Of Insurance Law

Insurance is everywhere in Canadian society: health, employment, transportation, commerce, industry, and communications are all sectors of activity affected by insurance. Whether public or private, compulsory or voluntary, insurance touches everyone on a daily basis. Where there are risks, there is a need for insurance -- and one cannot live in the twenty-first century without encountering risk day in and day out. The ubiquity of insurance comes at a cost. This price is paid by all Canadians and not only by those who hold insurance policies. Every year, Canadian policyholders pay billions of dollars in premiums to private insurance companies. Regulation is another consequence of the prevalence of insurance. Canadian insurance law is a complex mixture of federal and provincial legislation, common law, and custom. This book offers a detailed survey of this regulatory patchwork, divided into three parts. Part 1 provides an introduction to the creation and enforcement of insurance contracts. The subject of Part 2 is the creation of an enforceable insurance contract. Part 3 examines the principles applicable to the enforcement of insurance contracts.

Fundamentals of Insurance Coverage in All 50 States is a unique compendium and overview of all aspects of insurance coverage law in every state, with a special emphasis on some of the unique aspects of insurance coverage involving environmental claims. The treatise utilizes and cites state and federal statutes, insurance regulations, and case law from every state, as a framework for a unique and unprecedented treatment of this complicated subject. The book is designed specifically for insurance claims handlers and supervisors who have responsibility for or occasion to deal with coverage issues relating to third-party defense litigation, first-party claims litigation, and reservation of rights scenarios. In addition to being an excellent and easy to understand primer on coverage issues and the basic insurance contract, this book is suitable for both the inexperienced claims professional and the seasoned veteran. It is also the perfect "starting point" for any research or litigation briefing by trial lawyers, defense counsel, or in-house insurance counsel. It is a must for anyone with multi-state responsibilities. Fundamentals of Insurance Coverage in All 50 States compile all of the relevant law, regulations and case decisions from all 50 states into one easy to understand and easy to use reference book, the first place a lawyer or claims handler should turn when coverage matters rear their ugly heads. The book intentionally omits references to federal law, which plays a very limited role in insurance regulation, except insofar as it may be necessary to clarify issues of state law. The book is a comprehensive treatment of all coverage issues that the average insurance lawyer, claims handler or supervisor might be expected to run across in any given situation. This one of a kind treatise covers the following issues in all 50 jurisdictions: • Understanding Contracts of Insurance • Law Governing Insurance Policies • Tackling Ambiguity and Interpretation of Policies • General Contract Rules for Interpretation • Rights and Obligations of Contracting Parties • Limitations of the "Construed against Drafter" Rule • The Extent of Risks and Coverages • Good Faith and Fair Dealing; Bad Faith • Basic Policy Defenses • Cooperation of the Insured • Failure to Pay Premiums • Environmental Issues and Related Insurance Law

Reliable source on the fundamentals of insurance law covers topics such as insurable interest, risk, insurer defenses, waiver and estoppel, recovery, subrogation, reinsurance, and bonds. In addition, expert analysis provides a sense of the peculiar directions insurance law would take, and their erroneous outcomes, if the pure principles of contract law were applied.