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Policyholder's Guide to the Law of Insurance Coverage

Policyholder's Guide to the Law of Insurance Coverage PDF Author: Peter J. Kalis
Publisher: Wolters Kluwer
ISBN: 1567063411
Category : Law
Languages : en
Pages : 1538

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Book Description
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.

Policyholder's Guide to the Law of Insurance Coverage

Policyholder's Guide to the Law of Insurance Coverage PDF Author: Peter J. Kalis
Publisher: Wolters Kluwer
ISBN: 1567063411
Category : Law
Languages : en
Pages : 1538

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Book Description
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

Legal Issues in Risk Management PDF Author: Finley Harckham
Publisher: Aspen Publishers
ISBN: 9780735582316
Category : Law
Languages : en
Pages : 464

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Book Description
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

Insurance Law

Insurance Law PDF Author: Robert E. Keeton
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1359

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Book Description
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.

Practitioner's Guide to Litigating Insurance Coverage Actions

Practitioner's Guide to Litigating Insurance Coverage Actions PDF Author: Jerold Oshinsky
Publisher: Wolters Kluwer
ISBN: 0735545782
Category : Law
Languages : en
Pages : 4302

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Book Description
Practitionerand’s Guide to Litigating Insurance Coverage Actions, Second Edition is a comprehensive, two-volume manual that offers an excellent framework for understanding the complex practical and procedural issues that can arise in insurance coverage disputes. Written by insurance litigators with extensive experience from both the policyholder and insurance company perspective, Practitionerand’s Guide to Litigating Insurance Coverage Actions reveals hard-won strategies and proven-effective litigation tools to help you successfully prepare or defend an insurance coverage case. Masterfully organized and streamlined in a two-volume format, Practitionerand’s Guide to Litigating Insurance Coverage Actions walks you through the logical sequence of events as an insurance coverage litigation case evolves. Youand’ll find: Step-by-step guidance through every stage of case preparation and litigation. Balanced and“best-practiceand” recommendations for counsel to policyholders and insurance companies. And much more! Model Forms include: Notice Letters Initial Pleadings Preliminary Motions Discovery Requests Summary Judgment Motions Motions at Trial Opening and Closing Statements Trial Briefs and Jury Instructions Motions and Briefs during Appeals Process Settlement Agreements

New Appleman Sports and Entertainment Insurance Law & Practice Guide

New Appleman Sports and Entertainment Insurance Law & Practice Guide PDF Author: Kirk A. Pasich
Publisher: LexisNexis
ISBN: 1579112218
Category : Law
Languages : en
Pages : 788

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Book Description
Brand new, this publication provides practical guidance in dealing with the types of insurance that are available for individual and entity participants in the sports and entertainment industries. It identifies the nuances of the insurance, requirements in the insurance policies that may need to be honored to obtain coverage, and overlooked sources of coverage. This unique product not only provides in-depth explanations of the substantive law but also nuts and bolts practical guidance for lawyers in handling virtually all issues that can arise involving insurance for all participants and entities in the sports and entertainment industries in the United States. It analyzes germane insurance provisions, coverage issues and court decisions thus providing a thorough grounding in the current insurance law needed to successfully handle sports and entertainment insurance law issues. It applies general insurance principles to the needs of participants in the sports and entertainment industries. Insurance law principles that pertain to policyholders and insurers in general are explained and applied to instances and scenarios involving sports and entertainment events and participants. It further provides in-depth analysis of the insurance provisions, issues and court decisions unique to the sports and entertainment industries. Individuals and entities in the entertainment and sports industries are the subject of a wide variety of claims and lawsuits. The economic consequences vary, but can reach millions, if not tens of millions of dollars, and can involve everything from paying lawyers and experts to defend against lawsuits, to paying to repair or rebuild property, to suffering losses from injuries, cancellations, delays, cast changes or closures and loss of business during periods of restoration. The publication features practice insights, strategic guidance, comments and warnings. Insightful, expert guidance is provided giving you the key do's and dont's of practice. Appendices of key decisions and sample forms are provided. This publication thus presents a complete package of the tools you need to practice in this lucrative area of the law successfully.

A Practical Guide to the Insurance Act 2015

A Practical Guide to the Insurance Act 2015 PDF Author: David Kendall
Publisher: Taylor & Francis
ISBN: 1351745301
Category : Law
Languages : en
Pages : 180

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Book Description
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.

Interpretation of Insurance Contracts

Interpretation of Insurance Contracts PDF Author: Jeffrey W. Stempel
Publisher: Aspen Publishers
ISBN: 9780316812108
Category :
Languages : en
Pages : 1024

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Book Description
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

CGL Policy Handbook

CGL Policy Handbook PDF Author: Britton D. Weimer
Publisher: Wolters Kluwer
ISBN: 1454805897
Category : Law
Languages : en
Pages : 922

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Book Description
CGL Policy Handbook, Second Edition offers plain-language analysis of the complex points of the CGL policy language and case law, focusing on issues where the terminology is subject to more than one interpretation. Whether you represent policyholders or insurers, you'll find the practical guidance you need to resolve coverage issues faster and prepare or defend claims more effectively. This comprehensive manual provides outstanding analysis of how CGL policy may integrate with many other primary liability policies and umbrella policies and offers helpful guidance for determining when specialized insurance policies or endorsements may need to be supplemented. Recent updates include discussion of many recent developments and adds significant new case law on a number of critical issues including: Enterprise risk management The insurance aftermath of September 11, 2001 Property damage Intentional damage exclusion Polluted related exclusions Employment related exclusions Motor vehicle exclusions andquot;Expansive riskandquot; exclusions Personal injury Advertising injury There's simply no more comprehensive or current research tool in this fast-changing area of the law!

Principles of Insurance Law

Principles of Insurance Law PDF Author: Jeffrey W. Stempel
Publisher: LexisNexis
ISBN: 1579116507
Category : Law
Languages : en
Pages : 1376

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Book Description
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.

LexisNexis Practice Guide: New Appleman New Jersey Insurance Law

LexisNexis Practice Guide: New Appleman New Jersey Insurance Law PDF Author: Robert B. Hille
Publisher: LexisNexis
ISBN: 1663313172
Category : Law
Languages : en
Pages :

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Book Description
LexisNexis Practice Guide: New Appleman New Jersey Insurance Law provides authoritative, easily accessible, concise guidance on how to navigate the many intertwining areas of New Jersey and federal statutory and case law that impact on insurance coverage and litigation. It combines how-to practice guidance, over 50 task-oriented checklists, targeted cross-references to specific state and federal legislation and sources detailing the features of, and requirements for, insurance coverage, including extensive cross references to New Appleman rich analytical content, and 120 practice tips (strategic points, warnings, exceptions, and timing tips) to prevent practice missteps. This Practice Guide distills 30-plus years of experience from eminent insurance law practitioners to provide a reliable roadmap through the complex and multi-faceted practice area of insurance law. Comprehensive coverage includes the following key topics: • Introduction to Insurance • Common Approaches to Coverage and Coverage Litigation • Personal Lines • Commercial Lines: Commercial General Liability Policies • Commercial Lines: Worker’s Compensation, First Party, Employee Fidelity, Environmental and Additional Insured Coverage • Professional Lines • Life, Health and Disability Insurance • Denials and Limitations of Insurance Coverage • Extracontractual Liability • Excess, Umbrella and Surplus Lines Insurance • Rehabilitation, Liquidation and Guarantee Funds Customers have repeatedly expressed strong interest in integrated practice-area specific products that provide practice-tested solutions to the real life decisions they must counsel their clients about every day. LexisNexis Practice Guide: New Appleman New Jersey Insurance Law meets this customer need by providing easily accessed, proven, authoritative to-the-point practice guidance, enhanced by the following features: • 50 task-oriented checklists • 120 strategic points, warnings, and timing tips to prevent practice missteps • Targeted cross-references to specific state and federal legislation and sources detailing the features of, and requirements for insurance coverage. Distilling over 30 years of experience from two distinguished New Jersey insurance law practitioners, New Appleman New Jersey Insurance Law Practice Guide is a reliable roadmap through the complex and multi-faceted practice area of insurance law.