Policyholder S Guide To The Law Of Insurance Coverage

Annotation The first comprehensive guide to insurance law written from the corporate policyholder's perspective, Policyholder's Guide to the Law of Insurance Coverage provides expert guidance through the labyrinth of legal issues surrounding insuring instruments and underlying claims, plus practical strategies and legal arguments to help you secure coverage for contested claims. Policyholder's Guide addresses virtually every insurance-related legal issue you are likely to encounter in the regular course of business, as well as those issues unique to specialized industries or unusual situations including: Liability policies -- Special liability policies -- First-party policies -- Specialty first-party property policies -- Environmental -- Marine and aviation -- Toxic tort -- Copyright claims issues Litigation in insurance coverage disputes. Policyholder's Guide gives you in-depth analysis of the latest court decisions plus current policy language and cutting-edge legal arguments thatyou may use to advance your case. You also get hundreds of case citations, footnotes, cross-references, checklists and other useful aids to make legal research easy.

Legal Issues in Risk Management: A Policyholder's Guide is designed to help in-house counsel and risk managers understand important coverage issues being addressed in the courts and to handle problems that arise in connection with the pursuit of insurance claims. Specifically, Legal Issues in Risk Management will help you: Identify legal issues that may have a negative impact on insurance coverage and recoveries Effectively address legal issues that may have a negative impact on insurance coverage and recoveries Develop strategies for pursuing insurance recoveries Legal Issues in Risk Management can be used as a: Primer on major insurance coverages and important legal issues that relate to them How-to guide for addressing major legal issues and pursuing coverage claims Reference to case law and statutes on important coverage issues In short, Legal Issues in Risk Management is the first and only guide to insurance risk management that is designed to assist in-house counsel and risk managers with the legal issues they face on a regular basis. Legal Issues in Risk Management has been updated to include: A discussion of developments in duty to defend case law, including a look at what constitutes a "suit" under liability policies sufficient to trigger the duty to defend and an insurance company's obligation to defend its policyholder even where coverage could only exist upon a change in the applicable law An analysis of the potential effect of the "personal profit" exclusion on an insurance company's obligation under a D&O policy to defend a director or officer accused of wrongful gain An examination of the "contractual liability" exclusion in D&O policies An updated look at exhaustion issues and the potential for policyholders to settle away their excess insurance coverage Analyses of "additional insured" and "required parties" issues in Chinese drywall litigation A discussion of recent case law concerning the duties of insurance brokers to their policyholder clients

This treatise explains how certain principles or doctrines such as insurable interests, designation of insurers, and risk transference apply to property, life, liability, or other types of insurance. It also addresses insurance law issues and suggests lines of analysis to consider in order to better evaluate the merits of a claim. Other subjects include conceptualization, classification, marketing, indemnity, insurability, claim processes, and settlements. Also overviews insurance regulation, government sponsorship of insurance, and resolving disputed claims.

Addressing critical real world issues for insurance lawyers, litigators and corporate practitioners, Law of Insurance Contract Disputes is your up-to-the-minute guide to practice in this burgeoning field. Nationally-known insurance law expert Jeffrey Stempel focuses on policy language -- zeroing in on the finer points that can make or break your case -- and provides detailed guidance to help you handle such specific problem areas as: Defining 'total loss' to determine policy limits Applicability of valued policy laws to dwellings other than traditional single family homes Employment disputes, with particular reference to the intentional act exclusion Negligent delivery of professional services Professionals acting in nonprofessional capacities Regulatory estoppel and its effect on the 'sudden and accidental' pollution exclusion Allocation of coverage Trigger of coverage D&O special apportionment issues Coverage for environmental claims Bad faith litigation the duty to settle and defend Fraud and excess insurance availability

Over the past two decades, there have been a number of important developments in the areas of liability, property, and life and health insurance that have significantly changed insurance law. Accordingly, the Fourth Edition of Principles of Insurance Law has been substantially rewritten, reformatted, and refocused in order to offer the insurance law student and practitioner a broad perspective of both traditional insurance law concepts and cutting-edge legal issues affecting contemporary insurance law theory and practice. This edition not only expands the scope of topical coverage, but also segments the law of insurance in a manner more amenable to study, as well as facilitating the recombination and reordering of the chapters as desired by individual instructors. The Fourth Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including: The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001; The continuing debate between "legal formalists" and "legal functionalists" for "the heart and soul" of insurance contract law; What constitutes a policyholder's "reasonable expectation" regarding coverage; The current property and liability insurance "crisis"; Risk management and self-insurance issues; Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation; Ongoing interpretive battles over the preemptive scope of ERISA; The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive's power over foreign affairs; The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages; New issues over the dividing line between "tangible" property typically covered under a property insurance policy and "intangible" property, which is typically excluded -- an issue of increasing importance in the digital and cyber age; Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments; The difficult-to-harmonize decisions concerning when a loss arises out of the "use" of an automobile; Insurer bad faith and the availability, if any, of actions against a policyholder for "reverse bad faith"; and The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction. The Teacher's Manual highlights the differences between the Third Edition and the Fourth Edition. In addition, it includes case-brief summaries of the major cases excerpted in the book; authors' analyses of the notes, questions, and problems that follow the principal cases; and offers alternative syllabuses for planning purposes. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

The Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured’s pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.

Representing Policyholders in Insurance Cases provides an authoritative, insiders perspective on handling insurance issues the policyholder encounters during the legal process. Featuring experienced partners from law firms across the nation, these experts guide the reader through different types of insurance contracts and the various disputes that can arise between the insurer and insured. These top lawyers offer advice on helping the client in purchasing insurance, analyzing the policy, addressing coverage disputes, and determining if bad faith has occurred. Additionally, these experts provide in-depth discussion on the laws that protect policyholders and key considerations for determining when it is appropriate to settle versus litigate a case. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-evolving area of law.