Extra-Contractual Litigation Against Insurers PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Extra-Contractual Litigation Against Insurers PDF full book. Access full book title Extra-Contractual Litigation Against Insurers by Michael R. Nelson. Download full books in PDF and EPUB format.
Author: Michael R. Nelson
Publisher:
ISBN: 9781588523167
Category :
Languages : en
Pages :
Get Book
Book Description
Claims against insurers have multiplied over the past few decades, as have the strategies of plaintiffs. Extra-Contractual Litigation Against Insurers is a comprehensive guide to new theories used in insurance litigation. It examines both the legal underpinnings of novel causes of action and the practical aspects of bringing claims and defending against them. Topics covered include: the insurer's third-party bad faith in refusing to settle; first-party bad faith in refusing to pay benefits; bad faith claims involving specific lines of insurance; common law claims; unfair claims settlement practices; alternative theories of liability, such as unjust enrichment; and more. The authors provide a detailed discussion of trial tactics, covering each phase of trial from commencing an action through discovery, evidentiary rulings, jury instructions, verdict and damages. Extra-Contractual Litigation Against Insurers provides insights on strategies that will benefit all practitioners in this area. No matter which side you're on, this book will help you assess the viability of a claim and represent your clients effectively.
Author: Michael R. Nelson
Publisher:
ISBN: 9781588523167
Category :
Languages : en
Pages :
Get Book
Book Description
Claims against insurers have multiplied over the past few decades, as have the strategies of plaintiffs. Extra-Contractual Litigation Against Insurers is a comprehensive guide to new theories used in insurance litigation. It examines both the legal underpinnings of novel causes of action and the practical aspects of bringing claims and defending against them. Topics covered include: the insurer's third-party bad faith in refusing to settle; first-party bad faith in refusing to pay benefits; bad faith claims involving specific lines of insurance; common law claims; unfair claims settlement practices; alternative theories of liability, such as unjust enrichment; and more. The authors provide a detailed discussion of trial tactics, covering each phase of trial from commencing an action through discovery, evidentiary rulings, jury instructions, verdict and damages. Extra-Contractual Litigation Against Insurers provides insights on strategies that will benefit all practitioners in this area. No matter which side you're on, this book will help you assess the viability of a claim and represent your clients effectively.
Author: Pat Magarick
Publisher:
ISBN:
Category : Insurance policies
Languages : en
Pages : 1580
Get Book
Book Description
This new edition of the text offers guidance on punitive damages, failure of good faith by the insured, insolvency or bankruptcy of the primary insurer, expert testimony, and other topics. It reflects the latest trends in the area, and provides checklists for bad faith or negligence review and for investigation of excess liability claims.
Author: Cass W. Christenson
Publisher:
ISBN: 9780314214133
Category : Law
Languages : en
Pages : 359
Get Book
Book Description
Extracontractual Claims Against Insurers is an authoritative, insiders perspective on the best practices for defending insurers facing bad faith litigation and the potential for punitive damages. Featuring partners and shareholders from some of the nations leading law firms, these experts guide the reader through their strategies for handling claims against insurers for allegedly failing to handle or pay claims properly and offer advice on helping clients prevent or minimize their susceptibility to litigation. From understanding bad faith trends and analyzing the impact of recent case decisions to developing an appropriate defense strategy for each client, these authors discuss the types of claims that currently dominate the legal landscape, and negotiation and settlement options in these scenarios. Additionally, these top lawyers reveal their predictions for the continued evolution of bad faith claims in the insurance arena and make recommendations for staying ahead of these changes to address client concerns. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this ever-evolving area of law.
Author: Barry R. Ostrager
Publisher: Aspen Publishers Online
ISBN: 1454830425
Category : Law
Languages : en
Pages : 2664
Get Book
Book Description
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
Author: American Bar Association. Committee on Property Insurance Law
Publisher:
ISBN:
Category : Bad faith (Law)
Languages : en
Pages : 896
Get Book
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.
Author: Eugene R. Anderson
Publisher: Wolters Kluwer
ISBN: 073551173X
Category : Law
Languages : en
Pages : 2726
Get Book
Book Description
The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.
Author: Anthony Lavers
Publisher: Routledge
ISBN: 1135805229
Category : Architecture
Languages : en
Pages : 287
Get Book
Book Description
This comparative international review of law and practice liability describes the framework in which lawyers, insurers, contractors and clients dealing with liability operate. The act of building involves risk and, in the case of damages occurring after construction, it is often hard to identify responsibility. This will be an essential reference for construction lawyers, insurers and other senior practitioners and managers in industry, based on research and analysis by CIB (Conseil International du Batiment) as part of the CIB series programme.
Author: John R. Groves
Publisher: American Bar Association
ISBN:
Category : Law
Languages : en
Pages : 236
Get Book
Book Description
Drawn from a 1982 national meeting, this work covers punitive damages, excess of policy limits, discovery techniques, reinsurance indemnity, "bad faith" cases, preventive measures, and property insurance cases.
Author: John H. Mathias
Publisher:
ISBN: 9781588522634
Category :
Languages : en
Pages :
Get Book
Book Description
Insurance Coverage Disputes is a comprehensive, chronologically organized and clearly written guide to the issues that can arise at every stage of a coverage dispute, from the initial inquiry into whether a policy exists to complex questions of law, evidence, procedure and strategy. The authors explain in detail all aspects of litigating insurance coverage disputes, including: the varieties of policies and coverage; obligations of policyholders and insurers; and the nuts and bolts of proving or disproving coverage, from pretrial motions through settlement. Topics include: case management; venue; parties; justiciability; discovery disputes and privileged documents; insurance policy interpretation and construction; bad faith and extra-contractual claims; and the trial itself. You'll find out about coverage for asbestos, natural disasters, environmental liability, business torts, products liability, employment practices, business interruption, toxic torts, and many other timely topics. There is also a series of ready reference charts summarizing the controlling law of each of the fifty states and the District of Columbia on a number of key liability insurance issues.
Author: Jeffrey W. Stempel
Publisher: Aspen Publishers
ISBN: 9780316812108
Category :
Languages : en
Pages : 1024
Get Book
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
