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Fundamentals Of Insurance Law
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Book Synopsis Fundamentals of Insurance Coverage in all 50 States - Fourth Edition by : Bradley W. Matthiesen
Download or read book Fundamentals of Insurance Coverage in all 50 States - Fourth Edition written by Bradley W. Matthiesen and published by Juris Publishing, Inc.. This book was released on 2014-01-01 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Principles of Insurance Law by : Jeffrew Stemple
Download or read book Principles of Insurance Law written by Jeffrew Stemple and published by . This book was released on 2012 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, there have been a number of important developments in the areas of liability, property, and life and health insurance that have significantly changed insurance law. Accordingly, the Fourth Edition of Principles of Insurance Law has been substantially rewritten, reformatted, and refocused in order to offer the insurance law student and practitioner a broad perspective of both traditional insurance law concepts and cutting-edge legal issues affecting contemporary insurance law theory and practice. This edition not only expands the scope of topical coverage, but also segments the law of insurance in a manner more amenable to study, as well as facilitating the recombination and reordering of the chapters as desired by individual instructors. The Fourth Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including: The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001; The continuing debate between "legal formalists" and "legal functionalists" for "the heart and soul" of insurance contract law; What constitutes a policyholder's "reasonable expectation" regarding coverage; The current property and liability insurance "crisis"; Risk management and self-insurance issues; Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation; Ongoing interpretive battles over the preemptive scope of ERISA; The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive's power over foreign affairs; The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages; New issues over the dividing line between "tangible" property typically covered under a property insurance policy and "intangible" property, which is typically excluded -- an issue of increasing importance in the digital and cyber age; Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments; The difficult-to-harmonize decisions concerning when a loss arises out of the "use" of an automobile; Insurer bad faith and the availability, if any, of actions against a policyholder for "reverse bad faith"; and The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction. The Teacher's Manual highlights the differences between the Third Edition and the Fourth Edition. In addition, it includes case-brief summaries of the major cases excerpted in the book; authors' analyses of the notes, questions, and problems that follow the principal cases; and offers alternative syllabuses for planning purposes. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Book Synopsis GENERAL PRINCIPLES OF CANADIAN INSURANCE LAW. by : BARBARA. BILLINGSLEY
Download or read book GENERAL PRINCIPLES OF CANADIAN INSURANCE LAW. written by BARBARA. BILLINGSLEY and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Property Insurance Litigator's Handbook by : Leonard E. Murphy
Download or read book Property Insurance Litigator's Handbook written by Leonard E. Murphy and published by American Bar Association. This book was released on 2007 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fundamentals of Title Insurance by : James L. Gosdin
Download or read book Fundamentals of Title Insurance written by James L. Gosdin and published by American Bar Association. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad yet thorough overview, this book explains the basic elements of title insurance and gives attorneys and real estate professionals the practical knowledge and tools to counsel and protect their clients. Written in an accessible style, it explains what title insurance means, what it can and cannot do, and what can be asked for in a real estate transaction. It provides examples, practice pointers, charts and checklists to explain key points. It covers all relevant topics, including a general background of title insurance, its variations and common features, typical title insurance coverage and issues; explanations of the 2006 ALTA Loan Policy and the 2006 ALTA Owner's Policy, and much more.
Book Synopsis The Fundamentals of Insurance by : Hargovind Dayal
Download or read book The Fundamentals of Insurance written by Hargovind Dayal and published by Notion Press. This book was released on 2017-11-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance is perhaps the most effective device for managing ‘risk,’ which is a pervasive phenomenon in our lives. We can sometimes avoid or reduce it but never entirely eliminate it. Whether you are a Graduate student who is studying insurance as a part of your curriculum, or an Executive managing your Organization’s Insurance and Risk Management Program this book will provide you with a strong conceptual foundation, comprehensive knowledge of non-life and life insurance products, and perspectives on how insurance functions as a part of the economy. Essentially, you will understand ‘why’ it is needed, ‘what’ solutions it provides, and ‘how’ different business processes and professionals work together to deliver the vital compensation to victims of disasters. Organized in 18 chapters that are comprehensive yet brief, it continuously relates facts to theories, concepts to processes, events to their context, and the rule-of-thumb to underlying basic principles. Thus, insurance will be demystified, and you will be empowered to decode ‘insurance speak.’
Download or read book Marine Insurance written by Merkin, Rob and published by Edward Elgar Publishing. This book was released on 2021-11-30 with total page 1538 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.
Book Synopsis Fundamentals of Risk and Insurance by : Emmett J. Vaughan
Download or read book Fundamentals of Risk and Insurance written by Emmett J. Vaughan and published by John Wiley & Sons. This book was released on 1978 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic, comprehensive book is divided into three sections. The first section examines the concept of risk, the nature of the insurance device, and the principles of risk management. This section also provides an overview of the insurance industry. The second section examines the traditional fields of life and health insurance as solutions to the risks connected with the loss of income. The Social Security system, workers compensation, and other social insurance coverages are discussed. The final section deals with the risks associated with the ownership of property and legal liability. Updated to reflect the changes in the field of insurance since 1996, and a listing of Web sites of interest.
Book Synopsis The Insurance of Commercial Risks by : Özlem Gürses
Download or read book The Insurance of Commercial Risks written by Özlem Gürses and published by . This book was released on 2017 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary examines insurance and liability, providing expertise on the application of law when protecting against commercial risks. It outlines the law governing the main liability insurances, as well as those relating to property risks, providing concise and practical advice for resolving insurance coverage disputes
Book Synopsis Construction Insurance by : Stephen D. Palley
Download or read book Construction Insurance written by Stephen D. Palley and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection between construction and insurance is an often overlooked, but essential consideration. This important resource is a perfect practice handbook for construction lawyers, written by practitioners with considerable expertise in both construction and insurance. This practical book provides overviews of individual construction insurance topic areas in each chapter, chosen because of their relevance to construction lawyers.
Book Synopsis Automobile Insurance Subrogation in All 50 States - Second Edition by : Gary L. Wickert
Download or read book Automobile Insurance Subrogation in All 50 States - Second Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2014-11-01 with total page 2081 pages. Available in PDF, EPUB and Kindle. Book excerpt: Automobile Insurance Subrogation: In All 50 States is the most thorough, comprehensive, and ambitious anthology of subrogation-related legal information and insurance resources ever put to paper. It is the last and most anticipated of the subrogation trilogy, and a book which will serve as the “bible” for any insurance company writing personal lines or commercial auto policies. It is destined to become the standard work and reference for attorneys, insurance companies, and subrogation industry professionals. Every year there are more than 7 million auto accidents in the United States with a financial toll of more than $300 billion. Nearly 3 million people are injured and 42,636 people are killed. In the overwhelming majority of these accidents there is at least one party at fault. For virtually every one of these accidents, a policy of automobile insurance provides some sort of claim payments or benefits. In the vast majority of those claims, one or more insurance policies and/or applicable state law grants the insurer a right of subrogation against a negligent third party whose carelessness caused the accident. This book is the bible on subrogating those claims. This book covers the nuts and bolts of auto subrogation in all 50 states, covering every topic imaginable -- including PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation and more. It surveys the laws of every state and provides descriptions of every type of auto coverage imaginable, as well as the statutory, case law, and regulatory authority governing every aspect of auto subrogation. If you have subrogation responsibility involving auto claims, you need this book. It universally covers issues which are indelibly interwoven into the business of auto insurance, including a complete treatment of the laws of all 50 states and the District of Columbia relating to: • Basic and Statutory Subrogation Rights • Mandatory vs. Optional Insurance Coverage • No-Fault Laws, PIP, Mini-Torts, and Loss Transfer Laws • Tort Limitations • Medical Payments Coverage and Subrogation • Uninsured/Underinsured Motorist Coverage and Subrogation • Collision/Property Subrogation • Release of Tortfeasor by Insured • Accord and Satisfaction: Accepting Partial Payments from Tortfeasor • Made Whole Doctrine • Common Fund Doctrine • Economic Loss Doctrine • Deductible Recovery and Reimbursement • Collateral Source Rule • Contributory Negligence/Comparative Fault • Seat Belt Laws and Defenses • Rental Cars, Loaner Vehicles, and Test Drivers • Bailment/Parking Lot Liability • Negligent Entrustment • Facing Multiple Claims In Excess of Liability Policy Limits • Conflict of Laws/Interstate Subrogation • Recovery of Attorney’s Fees and Costs • Statutes of Limitations It is a complete treatment -- A to Z -- of virtually every issue which the insurance claims or subrogation professional will face in the area of automobile insurance. It is like no legal treatise ever written and promises to be the most used reference in any insurance company.
Book Synopsis Insurance Claims in New Zealand by : PAUL;BOYS MICHALIK (CHRIS.)
Download or read book Insurance Claims in New Zealand written by PAUL;BOYS MICHALIK (CHRIS.) and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Insurance claims are the reason for the existence of the insurance industry. In this comprehensive work, authors Paul Michalik and Chris Boys put claims at the heart of their analysis of insurance law in New Zealand. Insurance Claims in New Zealand is a rigorous and complete presentation of the law relating to how insurance claims are made and assessed in New Zealand. The authors examine issues arising at every level in the process -- from determining the validity of the policy and resolving issues of coverage and exclusion, to assessing the quantum of the loss or damage to be paid. Since 2015, when the first edition was published, there have been a number of developments in Insurance law: the concept of post claim good faith has developed; a number of outstanding unresolved issues have received judicial attention, including the assignment of claims rights, and the fraudulent claims rule; the issue of insurers' liability for defective repairs has been resolved; the Earthquake Commission/Toka Tū Ake's empowering legislation has been substantially overhauled; the Canterbury Earthquake Insurance Tribunal was established; and the Government has begun the work of meaningful insurance law reform"--Publisher information.
Book Synopsis Workers' Compensation Subrogation In All 50 States - Fifth Edition by : Gary L. Wickert
Download or read book Workers' Compensation Subrogation In All 50 States - Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Book Synopsis Fundamentals of Construction Law by : L. Franklin Elmore
Download or read book Fundamentals of Construction Law written by L. Franklin Elmore and published by . This book was released on 2013 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outlining the basics of construction law, this guide explains the major principles of construction law in a logical, useful format. A must-have for any lawyer practicing in the area, particularly those new to the field, chapters are written by some of the best and most experienced practitioners in construction law. Covering the subjects at the heart of every construction project and dispute, chapter authors offer critical perspective by explaining the views and roles of key parties, including owner, designer, contractor, and surety. In addition to discussing important contract provisions, other topics include insurance, scheduling, government contracts, defects, damages, and ADR.
Book Synopsis Construction All Risks Insurance by : Paul Reed
Download or read book Construction All Risks Insurance written by Paul Reed and published by . This book was released on 2016-11-21 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Construction All Risks Insurance will be essential reading for both lawyers and insurance brokers in the field of construction insurance. Building on its reputation as the definitive reference for practitioners, and updated with respect to the Insurance Act of 2015, Construction All Risks is the go-to guide looking for answers in construction insurance
Book Synopsis Indemnity and Contribution by : Jay Tidmarsh
Download or read book Indemnity and Contribution written by Jay Tidmarsh and published by . This book was released on 1986 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis General Liability Insurance Coverage by : Randy J. Maniloff
Download or read book General Liability Insurance Coverage written by Randy J. Maniloff and published by OUP USA. This book was released on 2012-03-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators and judges have adequate access to comparative state-law research. This book is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes. The Second Edition includes nearly 800 new cases covering all 50 states and the District of Columbia, and adds a new chapter addressing Coverage for Pre-Tender Defense Costs.
