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Author: Jeffrey W. Stempel
Publisher: Aspen Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 1032
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Book Description
Author: Jeffrey W. Stempel
Publisher: Aspen Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 1032
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Book Description
Author: Mark Geistfeld
Publisher:
ISBN:
Category :
Languages : en
Pages : 45
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Book Description
The rules for interpretin ...
Author: Thomas J. Donnelly
Publisher:
ISBN: 9780779864201
Category : Insurance policies
Languages : en
Pages : 288
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Book Description
Author: Kenneth S. Wollner
Publisher: International Risk Management Institute
ISBN: 9781933686226
Category : Insurance law
Languages : en
Pages : 264
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Book Description
Author: Randy Henry
Publisher:
ISBN:
Category :
Languages : en
Pages : 49
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Book Description
Under Maryland's common law, courts interpret ambiguous insurance contracts using traditional contract law principles. In February 2015, Maryland's highest court faced the question of whether to change its method of interpreting insurance contracts to a more pro-policyholder method, contra proferentem. Contra proferentem interprets policy terms strictly against the insurers without reviewing extrinsic evidence. This Comment contends that Maryland courts should continue applying contract law when interpreting ambiguous insurance contracts. This Comment explores cases showing the court's long-standing reliance on contract law principles when interpreting insurance contracts and insurance contract exclusion clauses. Contract law principles best reinforce the court's primary purpose of ascertaining the parties' intent while ensuring adequate protection for insurance consumers. Many courts and commentators also favor contract law principles by noting the benefits to consumers from standardized insurance contracts. From an economic perspective, while jurisdictions that interpret insurance contracts using contract law principles appear preferable over contra proferentem jurisdictions, the argument that contra proferentem significantly increases consumer insurance costs seems unsupported. Maryland courts should continue applying contract law to interpret insurance contracts and permit the state legislature to determine whether contract law or another method of interpretation best advances broader public policy considerations.
Author: Jeffrey W. Stempel
Publisher: Wolters Kluwer
ISBN: 0735554366
Category : Law
Languages : en
Pages : 3276
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Book Description
Author: Insurance Society of New York
Publisher:
ISBN:
Category : Fire insurance
Languages : en
Pages : 952
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Book Description
Author: Charles Edward Hill
Publisher:
ISBN:
Category :
Languages : en
Pages : 77
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Book Description
Author: Pierpaolo Marano
Publisher: Springer Nature
ISBN: 3030311988
Category : Law
Languages : en
Pages : 714
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Book Description
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Author: Barry Zalma
Publisher: National Underwriter Company
ISBN: 9781941627327
Category : Insurance law
Languages : en
Pages : 0
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Book Description
Insurance Law is the most comprehensive, and yet practical, insurance law authority available today. Written by nationally-renowned insurance coverage expert Barry Zalma, an insurance coverage attorney, consultant, expert witness and blogger, Insurance Law introduces the new insurance professional to the fundamental principles of insurance and provides the experienced litigator analyses of today's leading insurance law decisions nationwide. This book is ideal for any professional who works in or frequently interacts with the insurance industry. Claims professionals, risk managers, producers, underwriters, attorneys (both plaintiff and defense), business owners, and students will benefit greatly from this all-inclusive reference. It is also the perfect resource for educators and trainers whose role requires an understanding of insurance law. As you read through these pages, you'll find comprehensive--yet comprehensible--coverage of key topics, including: - Construction of Insurance Contracts - Rules of Contract Interpretation - Differences between Property and Liability Policies - The Equitable Remedy of Rescission - Duties of the Insured and Insurer - Statutory Bad Faith and Defenses to the Tort of Bad Faith - Conditions, Warranties, and Exclusions - The Doctrine of Fortuity - Coverage Trigger - Appraisal and Arbitration - The Right to Independent Counsel - Fraud and False Swearing - The Equitable Remedy of Subrogation - Excess, Escape, Contingent Escape, and Other Insurance Clauses - Punitive Damages - Preemption and the Power to Control Insurance In addition to case law, the author has provided countless citations to relevant statutory, regulatory, and judicial sources which are guaranteed to kickstart your research. .
