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Recent Developments in Insurance Coverage Litigation provides an authoritative, insiders perspective on best practices for representing and advising clients involved in insurance coverage disputes. Featuring partners and shareholders from some of the nations leading law firms, these experts guide the reader through the key stages of the litigation process as they offer tips on reviewing policy language, addressing common legal issues, and staying up-to-date on recent trends. These top lawyers reveal their advice on negotiating general liability policies, navigating developments in D&O insurance, and implementing creative litigation strategies based on current changes in the law. From understanding the increasing role of government agencies to meeting client expectations in light of the economic downturn, these authors explain how best to navigate national trends that tend to affect lawyers and their clients. Additionally, these leaders discuss the effects of the Gulf Coast oil spill on business interruption coverage. 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.
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.
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.
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
The Handbook on Insurance Coverage Disputes has been in a constant state of development and expansion since its original publication in 1988. The continuously evolving scope and content of the Handbook reflects the thousands of decisions rendered by courts on insurance coverage issues over the past quarter century. Since its initial publication, the Handbook has been cited in more than 350 court opinions. The Twentieth Edition of the Handbook reflects numerous recent developments, trends and emerging issues in insurance law across a variety of substantive topics. Noteworthy new cases and in-depth case law analyses have been included in this new updated edition of the Handbook. Additionally, important changes in jurisdictional law on several topics of insurance and reinsurance law are reflected in this edition. Note: Online subscriptions are for three-month periods. Previous Edition: Handbook on Insurance Coverage Disputes, Nineteenth Edition, ISBN 9781454879824