Extra Contractual Litigation Against Insurers

Author : Michael R. Nelson
Publisher : Unknown
Page : 128 pages
File Size : 44,6 Mb
Release : 2017
Category : Electronic
ISBN : 1588523160

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Extra-Contractual Litigation Against Insurers by Michael R. Nelson Pdf

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 : Unknown
Page : 1580 pages
File Size : 50,5 Mb
Release : 1989
Category : Insurance policies
ISBN : STANFORD:36105044147283

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Excess Liability by Pat Magarick Pdf

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 : Unknown
Page : 359 pages
File Size : 46,6 Mb
Release : 2009
Category : Law
ISBN : 0314214135

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Extracontractual Claims Against Insurers by Cass W. Christenson Pdf

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 : Anthony Lavers
Publisher : Routledge
Page : 287 pages
File Size : 51,5 Mb
Release : 2005-06-23
Category : Architecture
ISBN : 9781135805227

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Case Studies in Post Construction Liability and Insurance by Anthony Lavers Pdf

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 : Jeffrey W. Stempel
Publisher : Aspen Publishers
Page : 1024 pages
File Size : 48,5 Mb
Release : 1995-12-31
Category : Electronic
ISBN : 0316812102

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Interpretation of Insurance Contracts by Jeffrey W. Stempel Pdf

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

Author : John R. Groves
Publisher : American Bar Association
Page : 236 pages
File Size : 48,9 Mb
Release : 1983
Category : Law
ISBN : STANFORD:36105043795371

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Extracontractual Damages by John R. Groves Pdf

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 : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2018
Category : Electronic
ISBN : 1588522636

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Insurance Coverage Disputes by John H. Mathias Pdf

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 : Craig Brown
Publisher : Unknown
Page : 128 pages
File Size : 47,9 Mb
Release : 2018
Category : Electronic
ISBN : 0433495502

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Introduction to Canadian Insurance Law by Craig Brown Pdf

Author : BARBARA. BILLINGSLEY
Publisher : Unknown
Page : 128 pages
File Size : 51,8 Mb
Release : 2020
Category : Electronic
ISBN : 0433498617

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GENERAL PRINCIPLES OF CANADIAN INSURANCE LAW. by BARBARA. BILLINGSLEY Pdf

Author : Roderick S. W. Winsor
Publisher : Canada Law Book
Page : 128 pages
File Size : 53,5 Mb
Release : 2004
Category : Good faith (Law)
ISBN : 0888044658

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Good Faith in Canadian Insurance Law by Roderick S. W. Winsor Pdf

Author : Leonard E. Murphy,Andrew B. Downs,Jay M. Levin
Publisher : American Bar Association
Page : 444 pages
File Size : 55,9 Mb
Release : 2007
Category : Business & Economics
ISBN : 159031901X

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Property Insurance Litigator's Handbook by Leonard E. Murphy,Andrew B. Downs,Jay M. Levin Pdf

Author : John H. Mathias, Jr.,John D. Shugrue,Thomas A. Marrinson
Publisher : Law Journal Press
Page : 932 pages
File Size : 47,6 Mb
Release : 2023-09-28
Category : Law
ISBN : 1588520757

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Insurance Coverage Disputes by John H. Mathias, Jr.,John D. Shugrue,Thomas A. Marrinson Pdf

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.

Author : Pierpaolo Marano,Kyriaki Noussia
Publisher : Springer Nature
Page : 714 pages
File Size : 44,5 Mb
Release : 2020-03-11
Category : Law
ISBN : 9783030311988

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Transparency in Insurance Contract Law by Pierpaolo Marano,Kyriaki Noussia Pdf

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 : Gordon Hilliker
Publisher : Unknown
Page : 295 pages
File Size : 47,6 Mb
Release : 1996
Category : Insurance, Liability
ISBN : 0433396377

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Liability Insurance Law in Canada by Gordon Hilliker Pdf

Author : Martin Ebers,Susana Navas
Publisher : Cambridge University Press
Page : 321 pages
File Size : 49,7 Mb
Release : 2020-07-23
Category : Computers
ISBN : 9781108424820

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Algorithms and Law by Martin Ebers,Susana Navas Pdf

Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.