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Policyholder's Guide to the Law of Insurance Coverage

Policyholder's Guide to the Law of Insurance Coverage
Author: Peter J. Kalis
Publisher: Wolters Kluwer
Total Pages: 1728
Release: 1997-01-01
Genre: 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.


Legal Issues in Risk Management

Legal Issues in Risk Management
Author: Finley Harckham
Publisher: Aspen Publishers
Total Pages: 464
Release: 2009-07-01
Genre: 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


Practitioner's Guide to Litigating Insurance Coverage Actions

Practitioner's Guide to Litigating Insurance Coverage Actions
Author: Jerold Oshinsky
Publisher: Wolters Kluwer
Total Pages: 4668
Release: 1998-01-01
Genre: 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


Insurance Law

Insurance Law
Author: Robert E. Keeton
Publisher: West Academic Publishing
Total Pages: 1420
Release: 1988
Genre: 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.


Property Insurance Litigator's Handbook

Property Insurance Litigator's Handbook
Author: Leonard E. Murphy
Publisher: American Bar Association
Total Pages: 444
Release: 2007
Genre: Business & Economics
ISBN: 9781590319017

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Handbook on Insurance Coverage Disputes

Handbook on Insurance Coverage Disputes
Author: Barry R. Ostrager
Publisher: Aspen Publishers Online
Total Pages: 2664
Release: 2012-12
Genre: Law
ISBN: 1454830425

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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


CGL Policy Handbook, 3rd Edition

CGL Policy Handbook, 3rd Edition
Author: Hagglund, Weimer, Whitman, Hillestad
Publisher: Wolters Kluwer
Total Pages: 1030
Release: 2018-10-22
Genre:
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


Fundamentals of Insurance Coverage in all 50 States - Fourth Edition

Fundamentals of Insurance Coverage in all 50 States - Fourth Edition
Author: Bradley W. Matthiesen
Publisher: Juris Publishing, Inc.
Total Pages: 34
Release: 2014-01-01
Genre: 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


Stempel and Knutsen on Insurance Coverage

Stempel and Knutsen on Insurance Coverage
Author: Jeffrey W. Stempel
Publisher: Wolters Kluwer
Total Pages: 3864
Release: 2015-12-15
Genre: 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.


Manual for Complex Insurance Coverage Litigation

Manual for Complex Insurance Coverage Litigation
Author:
Publisher: Aspen Publishers
Total Pages: 2860
Release: 1993
Genre: Law
ISBN: 9780131093232

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This is the definitive case management guide, written to help both policyholders' and insurers' attorneys save time and money in complicated insurance coverage cases. Manual for Complex Insurance Coverage Litigation by the Task Force of the Committee on Insurance Coverage Litigation of the ABA, details the ways to formulate and implement case management procedures with a series of orders covering pleadings, amendments, early motions, and hearings. There are also provisions on the scope and conduct of interrogatories, document requests, depositions, and other discovery devices. Valuable techniques for efficiently presenting the issues to court and jury are also provided. Authoritative answers are given for such questions as: What issues should a comprehensive Case Management Order address? How can written and deposition discovery be conducted more efficiently and at lower costs? What issues should be addressed in settlement documents? How can motion practice be streamlined without sacrificing the parties' right to be heard? Which amendments To The Federal Rules must be considered in formulating a case management plan? How can the case be 'phased' to make it more manageable? What case management techniques improve handling complex insurance coverage litigation cases? and more.