[PDF] Policyholders Guide To The Law Of Insurance Coverage eBook

Author : Peter J. Kalis
Publisher : Wolters Kluwer
Page : 1736 pages
File Size : 34,48 MB
Release : 1997-01-01
Category : Law
ISBN : 1567063411

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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.

Author : Jerold Oshinsky
Publisher : Wolters Kluwer
Page : 4668 pages
File Size : 28,5 MB
Release : 1998-01-01
Category : Law
ISBN : 0735545782

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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

Author : Finley Harckham
Publisher : Aspen Publishers
Page : 464 pages
File Size : 31,10 MB
Release : 2009-07-01
Category : Law
ISBN : 9780735582316

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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

Author : Robert E. Keeton
Publisher : West Academic Publishing
Page : 1420 pages
File Size : 28,30 MB
Release : 1988
Category : Insurance law
ISBN :

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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.

Author : Bradley W. Matthiesen
Publisher : Juris Publishing, Inc.
Page : 34 pages
File Size : 42,6 MB
Release : 2014-01-01
Category : Law
ISBN : 1578233380

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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

Author : David Kendall
Publisher : Taylor & Francis
Page : 180 pages
File Size : 18,2 MB
Release : 2017-09-22
Category : Law
ISBN : 1351745301

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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.

Author : Jeffrey W. Stempel
Publisher : Wolters Kluwer
Page : 3864 pages
File Size : 13,27 MB
Release : 2015-12-15
Category : Law
ISBN : 1454857587

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Unlike most other books in the field, which slant toward either policyholder or insurer counsel, Stempel and Knutsen on Insurance Coverage takes an even-handed nonexcess and umbrella aking it useful to attorneys from all sides. Moreover, it's designed for practitioners from all professional backgrounds and insurance experience. Written in clear, jargon-free language, it covers everything from the basic insurance concepts, principles, and structure of insurance policies to today's most complex issues and disputes. The authors, Jeffrey W. Stempel and Erik S. Knutsen, are well-known authorities on the law of insurance coverage, and this new Fourth Edition of Stempel and Knutsen on Insurance Coverage is completely up-to-date on every aspect of its subject. This one-stop resource provides both a sound historical, theoretical and doctrinal grounding in insurance, as well being practice-oriented and packed with practical guidance. After providing information about insurance policies and issues in general, it focuses on specific types of policies and coverage such as property coverage, liability coverage, automobile coverage, excess and umbrella coverage, and reinsurance, plus such vital areas as employment, defective construction, and terrorism claims...Dandamp;O liability...ERISA...bad faith litigation...and much more. Plus, you'll find extensive examination of the commercial general liability (CGL) policy, the type of insurance involved in most major coverage cases. Among the most important CGL issues covered in Stempel and Knutsen on Insurance Coverage are: Pollution-related coverage Trigger of coverage Apportionment of insurer and policyholder responsibility Business risk exclusions Coverage under the andquot;personal injuryandquot; section of the CGL Coverage under andquot;advertising injuryandquot; Nowhere else will you find so much valuable current information, in-depth analysis, sharp insight, authoritative commentary, significant case law, and practical guidance on this critically important area. With its clear explanations and thorough, even-handed coverage, Stempel and Knutsen on Insurance Coverage is unlike any other resource in its field.

Author : Hagglund, Weimer, Whitman, Hillestad
Publisher : Wolters Kluwer
Page : 1030 pages
File Size : 44,68 MB
Release : 2018-10-22
Category :
ISBN : 154380232X

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CGL Policy Handbook, Third 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 "Expansive risk" exclusions Personal injury Advertising injury There's simply no more comprehensive or current research tool in this fast-changing area of the law! Previous Edition: CGL Policy Handbook, Second Edition, ISBN 9781454805892

Author : Jeffrey W. Stempel
Publisher : Aspen Publishers
Page : 1024 pages
File Size : 19,8 MB
Release : 1995-12-31
Category :
ISBN : 9780316812108

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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