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Author: John S. Pierce
Publisher: Wolters Kluwer
ISBN: 1454835303
Category : Law
Languages : en
Pages : 938
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Book Description
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.
Author: John S. Pierce
Publisher: Wolters Kluwer
ISBN: 1454835303
Category : Law
Languages : en
Pages : 938
Get Book
Book Description
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.
Author: Bradley W. Matthiesen
Publisher: Juris Publishing, Inc.
ISBN: 1578233380
Category : Law
Languages : en
Pages : 34
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Book Description
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
Author: Randy J. Maniloff
Publisher: National Underwriter Company
ISBN: 9781506140209
Category : Liability insurance
Languages : en
Pages : 0
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Book Description
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
Author:
Publisher:
ISBN:
Category : Insurance law
Languages : en
Pages : 0
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Book Description
Author: Joseph P. Petitta
Publisher: Xlibris Corporation
ISBN: 9780738853321
Category : Insurance law
Languages : en
Pages : 0
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Book Description
Whether as an insurance consultant or a witness on the stand in a civil trial, I rely to a great extent on my 27-year career in the property and casualty industry. More importantly, the variety of experiences encountered during those 27 years, in various positions and levels of responsibility, provided a unique perspective on the extent to which attorneys and claim representatives/adjusters effectively carry out their respective obligations to their clients and customers. Successful organizations are those that are characterized by an ongoing search for a better way to conduct the business in which they are engaged. A "better way" does not come about by chance. The failure to constantly assess the changing factors in the environment in which they conduct their business will surely lead to stagnation, minimal success rates and even worse - failure! Having served in a wide variety of capacities in the property and casualty claim arena, I've been in a position to observe the effect that rapidly changing factors have had in this business environment. It has been increasingly difficult for attorneys and adjusters to find that common ground necessary to bring about time-efficient and mutually agreeable resolutions of their cases. The adjuster you interacted and negotiated with five, ten or fifteen years ago is not the same adjuster you deal with today. Their training and the technical resources at their disposal today make them a more formidable adversary. On the other hand, insurance companies expect a great deal more from these individuals as a result of the investment the companies have made in these training and technical resources. The companies appear to be operating from a perspective that these new resources they have provided to their claim staffs should allow them to be more efficient, i.e. handle more cases more expeditiously. The reality is that despite these advances in the resources at the adjuster's disposal, they must still operate in a one-on-one adversarial, give and take setting in order to successfully resolve their cases. By way of first hand observations throughout my career and the feedback received from numerous attorneys in the plaintiffs' bar, it is becoming exceeding more difficult to interact and amicably resolve their cases with today's claim staff. What I hope to achieve in this writing is to give you a better insight into today's claims adjuster, to include the nature and extent of their training, the new technical resources available to them, how they are evaluated, how their cases are evaluated today, and a number of suggestions as to how to achieve a win-win resolution of your clients' cases. You will also be taken on an insider's tour of today's claim organization and structure and the unique world of insurance company financials. Today's difficult claim/legal environment came about as a result of the failure of both camps to understand and keep pace with the rapid rate of change that has occurred. Take this opportunity to analyze the inner workings of today's claim organization from a new perspective. Leverage some or all of these concepts to enhance your effectiveness. Ask yourself if there is indeed a "better way".
Author: Barry R. Ostrager
Publisher: Wolters Kluwer
ISBN: 1454844191
Category : Law
Languages : en
Pages : 2814
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Book Description
In todayand’s insurance coverage litigation environment, the practitioner who needs to determine what isand—and is notand—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 Newmanand’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 Newmanand’s Handbook on Insurance Coverage Disputes, Seventeenth Edition addresses todayand’s critical coverage issues, such as: The Insurerand’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: Jerold Oshinsky
Publisher: Aspen Publishers
ISBN: 9780735545861
Category : Civil procedure
Languages : en
Pages : 2068
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Book Description
Author: Randy J. Maniloff
Publisher:
ISBN:
Category : Liability insurance
Languages : en
Pages :
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Author:
Publisher: American Medical Association Press
ISBN:
Category : Insurance policies
Languages : en
Pages : 166
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Book Description
Timely and authoritative, Medical Professional Liability Insurance is the most comprehensive source for unbiased information about one of the most critical aspects of medical practice. Concise and easy-to-understand, it can give physicians and other decision makers the confidence they need to make informed decisions about professional liability insurance to maximize protection for themselves and their practices.
Author: Randy J. Maniloff
Publisher:
ISBN:
Category : Liability insurance
Languages : en
Pages :
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Book Description
