Insurance Practices And Coverage In Liability Defense
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Insurance Practices And Coverage In Liability Defense
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Author : John S. Pierce
language : en
Publisher: Wolters Kluwer
Release Date : 2013-11-20
Insurance Practices And Coverage In Liability Defense written by John S. Pierce and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-20 with Law categories.
Written by nationally recognized insurance law practitioners and academics, Insurance Practices and Coverage in Liability Defense, Second Edition (formerly titled Defending the Insured) provides the first comprehensive and objective analysis of the various duties and potential pitfalls confronting each party in the three-way relationship between insurance carrier, insured, and the appointed counsel in insurance defense. Each chapter provides a detailed discussion of topics engendered by the duty to defend and the consequent obligations of each of the parties. Reference tables and appendices then survey the law in each state on those topics. The result is a book that provides both a national study and state-specific analysis, allowing practitioners, courts and researchers the ability to see the big picture as well as to focus on and compare how states actually deal with the particular issue. Topics covered include: The use of staff counsel Billing guidelines Audits of attorneysand’ fees Reservations of rights Communication privileges and issues, and cooperation duties Conflicts of interest, control of the defense including independent counsel Allocation of defense costs between insurer and insured Allocation of indemnity expense between insurer and insured Allocation and determination of deductibles and SIRs Coverage allocation in multi-year, continuing loss cases, including horizontal and vertical exhaustion, stacking, and and“all sumsand” Application and features of judicial remedies of declaratory relief and intervention Insurance Practices and Coverage in Liability Defense, Second Edition is the book that combines practice and theory, that serves both the insurer and insured, the national practitioner and the local counsel, and informs courts where concurrence and divergence exist on the sometimes thorny, interrelated issues.
Fundamentals Of Insurance Coverage In All 50 States Fourth Edition
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Author : Bradley W. Matthiesen
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-01-01
Fundamentals Of Insurance Coverage In All 50 States Fourth Edition written by Bradley W. Matthiesen and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Law categories.
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
Policyholder S Guide To The Law Of Insurance Coverage
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Author : Peter J. Kalis
language : en
Publisher: Wolters Kluwer
Release Date : 1997-01-01
Policyholder S Guide To The Law Of Insurance Coverage written by Peter J. Kalis and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Law categories.
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.
Insurance Law
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Author : Robert E. Keeton
language : en
Publisher: West Academic Publishing
Release Date : 1988
Insurance Law written by Robert E. Keeton and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Insurance law categories.
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.
Handbook On Insurance Coverage Disputes
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Author : Barry R. Ostrager
language : en
Publisher: Aspen Publishers Online
Release Date : 2012-12
Handbook On Insurance Coverage Disputes written by Barry R. Ostrager and has been published by Aspen Publishers Online this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12 with Law categories.
In today's insurance coverage litigation environment, the practitioner who needs to determine what is--and is not--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 Newman'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 Newman's Handbook on Insurance Coverage Disputes, Sixteenth Edition addresses today's critical coverage issues, such as: The Insurer'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
Directors And Officers Liability
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Author : John H. Mathias
language : en
Publisher: Law Journal Press
Release Date : 2000
Directors And Officers Liability written by John H. Mathias and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Business & Economics categories.
This book examines such topics as: the risks officers and directors face, derivative and class actions, and when a corporation is required--or allowed-- to provide indemnification.
Practical Guide For Insurance Defense Lawyers
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Author : International Association of Defense Counsel
language : en
Publisher:
Release Date : 2003
Practical Guide For Insurance Defense Lawyers written by International Association of Defense Counsel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Attorney and client categories.
General Liability Insurance Coverage
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Author : Randy J. Maniloff
language : en
Publisher: National Underwriter Company
Release Date : 2015-02-24
General Liability Insurance Coverage written by Randy J. Maniloff and has been published by National Underwriter Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-24 with Liability insurance categories.
Those involved with general (and professional) liability insurance claims, such as insurance company claims professionals, coverage counsel, risk managers and brokers all respond to a new claim scenario with the same three words: Is it covered? [That may also be the last time that they agree on anything.] It's just three words -- but the answer can be vexing. Despite the relative uniformity of general liability policies, states can differ widely in their interpretation and application of them. So the answer to the "Is it covered?" question can depend a great deal on whether the case arises on one side of the street (or river or mountain) or another.General liability issues usually involve one or more rules, or schools of thought, that govern their resolution. The task for courts is often to identify and examine these various rules and decide which to apply to the claim before it. "General Liability Insurance Coverage -- Key Issues in Every State" sets forth the rules that have been adopted by all 50 states, and the District of Columbia, for 21 important and commonly occurring general liability insurance coverage issues. And about half the issues are just as relevant for professional liability claims scenarios. 50 State Surveys on insurance coverage issues are inherently limited. "Key Issues" understands this and seeks to provide as much relevant information as possible to maximize their usefulness. To the extent possible, "Key Issues" sets out the aspects of cases (e.g., facts and/or policy language) that were at issue in the court's decision. This enables the reader to compare the cases in the book, to his or her claim at hand, and come away with an understanding of how the issue may be resolved by a court. Although "Key Issues" is aimed at attorneys and insurance professionals with some degree of experience, it is accessible to entry-level readers as well. Chapter 1 provides an overview of the CGL policy. Each chapter after that contains an overview of the nature, background, development, and competing schools of thought concerning a key issue followed by a comprehensive state-by-state summary of relevant law, including the latest cases and developments.Table of ContentsCommercial General Liability Insurance-An OverviewChoice of Law for Coverage DisputesLate Notice Defense Under "Occurrence" Policies: Is Prejudice to the Insurer Required? Coverage for Pre-Tender Defense CostsDuty to Defend Standard: "Four Corners" or Extrinsic Evidence?Insured's Right to Independent CounselInsurer's Right to Reimbursement of Defense Costs Prevailing Insured's Right to Recover Attorney's Fees in Coverage LitigationNumber of OccurrencesCoverage for Innocent Co-Insureds: "Any" Insured vs. "The" Insured and the Severability of Interests ClauseIs Emotional Injury "Bodily Injury?"Is Faulty Workmanship an "Occurrence?"Permissible Scope of Indemnification in Construction ContractsQualified Pollution ExclusionAbsolute Pollution Exclusion Trigger of Coverage for Latent Injury and Damage Claims Trigger of Coverage for Construction Defects and Non-Latent Injury and Damage Claims Allocation of Latent Injury and Damage Claims Coverage For Privacy Claims and Cyber RisksInsurability of Punitive DamagesFirst- and Third-Party Bad Faith Standards The Reasonable Expectations Approach to Insurance
Products Liability Litigation
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Author : Defense Research Institute
language : en
Publisher:
Release Date : 1981
Products Liability Litigation written by Defense Research Institute and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Products liability categories.
Reference Handbook On The Comprehensive General Liability Policy
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Author : Peter J. Neeson
language : en
Publisher: Products General Liability and Consumer Law Committee Tort a
Release Date : 1995
Reference Handbook On The Comprehensive General Liability Policy written by Peter J. Neeson and has been published by Products General Liability and Consumer Law Committee Tort a this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.