Environmental Liability and Insurance Recovery

Environmental Liability and Insurance Recovery PDF Author: David L. Guevara
Publisher: American Bar Association
ISBN: 9781614384977
Category : Business income insurance
Languages : en
Pages : 0

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Book Description
Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession - environmental law and insurance law - intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations - all of which are continuously developing. Insightful clarification on the topic is provided, as well as subset of the legal issues at the crossroads of environmental law and insurance law, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability. Topics covered include: -Statutory Liability, related to: CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts -Tort Liability including nuisance, trespass, negligence, and strict liability -The General Liability Policy -Policy exclusions and defenses to coverage -Environmental impairment liability insurance

Matthew Bender Practice Guide

Matthew Bender Practice Guide PDF Author: Charles Crompton
Publisher:
ISBN: 9780820558714
Category : Actions and defenses
Languages : en
Pages :

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Book Description


Determining Probable and Reasonably Estimable for Environmental Liabilities in the Federal Government

Determining Probable and Reasonably Estimable for Environmental Liabilities in the Federal Government PDF Author: United States. Office of Management and Budget
Publisher:
ISBN:
Category : Auditing
Languages : en
Pages : 26

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Book Description


Environmental Loss and Damage in a Comparative Law Perspective

Environmental Loss and Damage in a Comparative Law Perspective PDF Author: Barbara Pozzo
Publisher:
ISBN: 9781839700262
Category : Environmental law
Languages : en
Pages : 0

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Book Description
"This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.

Tort Law in France

Tort Law in France PDF Author: Jonas Knetsch
Publisher: Kluwer Law International B.V.
ISBN: 940353575X
Category : Law
Languages : en
Pages : 310

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Insurance Coverage Disputes

Insurance Coverage Disputes PDF Author: John H. Mathias, Jr.
Publisher: Law Journal Press
ISBN: 9781588520753
Category : Law
Languages : en
Pages : 932

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Book Description
A comprehensive guide to the issues that can arise at every stage of a coverage dispute, from the initial inquiry to complex questions of law, evidence, procedure and strategy.

Financial Reporting of Environmental Liabilities and Risks after Sarbanes-Oxley

Financial Reporting of Environmental Liabilities and Risks after Sarbanes-Oxley PDF Author: C. Gregory Rogers
Publisher: John Wiley & Sons
ISBN: 0471746959
Category : Business & Economics
Languages : en
Pages : 407

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Book Description
Financial Reporting of Environmental Liabilities and Risks is a complete guide to developing the underlying business systems to successfully report environmental matters in audited financial statements and reports filed with the Securities Exchange Commission (SEC). It sets forth relevant reporting and internal control standards and discusses important issues affecting reporting entities, accountants, lawyers, and environmental professionals.

Managing Environmental Risk Through Insurance

Managing Environmental Risk Through Insurance PDF Author: Paul K. Freeman
Publisher: Springer Science & Business Media
ISBN: 9401153604
Category : Business & Economics
Languages : en
Pages : 124

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Book Description
Can insurance be used as a means to obtain compliance with environmental policy? Answering this question requires examination of a broad mosaic of academic issues, including current systems available for providing compensation and deterrence, use of contracts (including insurance) as substitutes for tort law, limitations of regulatory policy-making by government agencies, pre-conditions for creation of insurance products, and market mechanisms necessary for insurance to be purchased or sold. The purpose of Managing Environmental Risk Through Insurance is to highlight the potential role that insurance and performance standards can play in managing environmental risk. Insurance can play a significant role in dealing with one of the most problematic issues facing society today - how to compensate for environmental exposures. This book analyzes the ability of insurance to play a role in managing environmental risk. It begins by outlining the role insurance plays in society in contrast to other societal tools for addressing risk: government benefit programs and imposition of involuntary liability using the court system. By so doing, the book describes the comparative advantages of insurance. The book then analyzes the insurability of the risks. Finally, the book applies the insurability analysis to three concrete environmental examples.

Bad Faith and Punitive Damages

Bad Faith and Punitive Damages PDF Author: American Bar Association. Committee on Property Insurance Law
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 896

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Book Description
This work offers a compendium of annotations of first-party extra-contractual damage cases, focusing on cases which deal with the insurers duty to act in good faith towards its insureds and the recovery of damages for insured for the insurer's failure to do so. It includes relevant statutes and regulations from the 51 jurisdictions.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.