Fundamentals of Insurance Coverage in all 50 States - Fourth Edition

Fundamentals of Insurance Coverage in all 50 States - Fourth Edition

Author: Bradley W. Matthiesen

Publisher: Juris Publishing, Inc.

Published: 2014-01-01

Total Pages: 34

ISBN-13: 1578233380

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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


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Regulation Versus Litigation

Regulation Versus Litigation

Author: Daniel P. Kessler

Publisher: University of Chicago Press

Published: 2011-02

Total Pages: 344

ISBN-13: 0226432181

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The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.


New Jersey Auto Insurance Law

New Jersey Auto Insurance Law

Author: Cynthia M. Craig

Publisher:

Published: 1917-10-24

Total Pages:

ISBN-13: 9780933902138

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This comprehensive paperback contains thorough and practical discussions of such important issues as the changes in personal injury protection under the 1990 amendments to the PIP law, the interplay of PIP, health insurance and workman's compensation coverage, the litigation implications of the differing tort threshold provisions, the rules for determining whether a motorist is uninsured or underinsured under the UM/UIM clauses, the rights and remedies of insurers and insureds when multiple uninsured / underinsured policies are potentially involved in a claim, and much more. The easy-to-carry and easy-to-use text includes: Current statutory provisions regulating no fault, uninsured and underinsured motorist coverage, including the "Fair Automobile Insurance Reform Act of 1990". Practical tips on prosecuting, defending and arbitrating claims for personal injury and property Up-to-the-minute guide for all the case law interpreting and applying the legislative enactments. damage under the statutory scheme. With Full Text of Relevant Statutory and Regulatory Provisions


Regulation, Litigation and Enforcement

Regulation, Litigation and Enforcement

Author: Michael Legg

Publisher:

Published: 2011

Total Pages: 263

ISBN-13: 9780455229508

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While litigation is often considered a last resort for achieving regulatory objectives, its use can have significant impacts on the regulator and regulated entity, and a consequential impact on industry, government and the public. REGULATION, LITIGATION AND ENFORCEMENT examines the procedural aspects of litigation in the regulatory context from the perspective of theory, policy and practice. It considers litigation issues common to all regulatory schemes, such as investigation and information gathering powers, and criminal law aspects of regulatory litigation. The different regulatory regimes are considered together so that they can be compared and contrasted. REGULATION, LITIGATION AND ENFORCEMENT reviews the need for regulation, forms of regulation and techniques of regulation. Pre-litigation steps are covered; coercive investigatory powers examined; and the limitations imposed by privilege discussed.


Insurance Coverage Litigation

Insurance Coverage Litigation

Author: Eugene R. Anderson

Publisher: Wolters Kluwer

Published: 1999-01-01

Total Pages: 2726

ISBN-13: 073551173X

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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.


Policyholder's Guide to the Law of Insurance Coverage

Policyholder's Guide to the Law of Insurance Coverage

Author: Peter J. Kalis

Publisher: Wolters Kluwer

Published: 1997-01-01

Total Pages: 1736

ISBN-13: 1567063411

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Annotation The first comprehensive guide to insurance law written from the corporate policyholder's perspective, Policyholder's Guide to the Law of Insurance Coverage provides expert guidance through the labyrinth of legal issues surrounding insuring instruments and underlying claims, plus practical strategies and legal arguments to help you secure coverage for contested claims. Policyholder's Guide addresses virtually every insurance-related legal issue you are likely to encounter in the regular course of business, as well as those issues unique to specialized industries or unusual situations including: Liability policies -- Special liability policies -- First-party policies -- Specialty first-party property policies -- Environmental -- Marine and aviation -- Toxic tort -- Copyright claims issues Litigation in insurance coverage disputes. Policyholder's Guide gives you in-depth analysis of the latest court decisions plus current policy language and cutting-edge legal arguments thatyou may use to advance your case. You also get hundreds of case citations, footnotes, cross-references, checklists and other useful aids to make legal research easy.


Business Income Insurance Disputes

Business Income Insurance Disputes

Author: Richard P. Lewis

Publisher: Wolters Kluwer

Published: 2012-08-24

Total Pages: 2628

ISBN-13: 1454824441

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Unexpected business disruptions and income losses can be triggered by many events: by large-scale disasters - hurricanes, floods, earthquakes, explosions - but also by relatively minor happenings such as a local blackout, computer outages, even something as simple as a street closing. What's more, in today's global economy, major business interruptions can be caused by events far away - a breakdown in goods production in Taiwan or a power failure in India. Business Income Insurance Disputes, Second Edition helps you prepare for any eventuality. It covers everything from the basics of first-party property insurance and case law which impacts time-element coverages - to practical strategies for dealing with today's most complex business income insurance law issues and questions. Unlike the majority of books in this field, this new guide focuses primarily on the side of the policyholder. Yet it will prove useful to insurance company counsel and executives as well, giving them valuable insights into the insured's strategies In clear, plain-English terms Business Income Insurance Disputes, Second Edition helps you.... Provide sound insurance advice to your clients or company Review business income insurance forms; resolve problems stemming from vaguely-worded language; see that coverage is sufficient and all necessary clauses are included Determine the rate of loss accurately and prove that loss Protect against common insurance company tactics Negotiate effectively Avoid pitfalls and costly omissions Anticipate court responses Gain the winning edge in litigation