Principles Of Insurance Law

Author: Jeffrey W. Stempel
Publisher: LexisNexis
ISBN: 9781579116507
Size: 16.55 MB
Format: PDF, ePub
View: 32

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 Development Of The Principles Of Insurance Law In The Netherlands From 1500 To 1800

Author: J. P. Van Niekerk
Publisher: Uitgeverij Verloren
ISBN: 0702149209
Size: 12.10 MB
Format: PDF
View: 20

Published in two volumes, the first part of this title covers the origin, recognition and distinguishing features of the insurance contract. The second part details the principles of pre-codified Dutch insurance law from general requirements to the termination of insurance contracts.

General Principles Of Insurance Law

Author: Edward Richard Hardy Ivamy
Publisher: MICHIE
ISBN: 0406013128
Size: 18.78 MB
Format: PDF, Docs
View: 94

This text deals with the subject of insurance law chronologically and provides an account of procedure from the moment a contract is drawn up, to the final settlement of any claim arising under it. It includes a chapter on compulsory insurance.

Principles Of European Insurance Contract Law

Publisher: Walter de Gruyter
ISBN: 9783866538535
Size: 16.38 MB
Format: PDF, ePub
View: 51

In this volume the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law ("PEICL"). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law ("DCFR Insurance"). The volume comprises the PEICL/DCFR Insurance as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, Slovak, Spanish and Swedish. A short introduction sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relate to the overall Draft Common Frame of Reference, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

Principles Of Insurance Law In Australia And New Zealand

Author: David St. Leger Kelly
Publisher: MICHIE
ISBN: 0409495778
Size: 11.15 MB
Format: PDF, Mobi
View: 50

Aimed at people who work in the insurance industry as well as lawyers and tertiary students, this book contains an in-depth analysis and criticism of common law principles and statutory provisions. Included are the Commonwealth's Insurance Contracts and Insurance (Agents and Brokers) Acts 1984 and New Zealand's Insurance Law Reform Acts of 1977 and 1982. Includes tables of cases and statutes.